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U. S. DEPARTMENT OF LABOR
W. B. WILSON, Secretary

BUREAU OF LABOR STATISTICS
ETHELBERT STEWART, Commissioner

BULLETIN OF THE UNITED STATES \
0 7 0
BUREAU OF LABOR STATISTICS / ............... \ I l U . L I L
WORKMEN'S

INSURANCE

AND

COMPENSATION

SERIES

WORKMEN’S COMPENSATION LEGISLATION
OF THE UNITED STATES AND CANADA

LINDLEY D. CLARK and MARTIN C. FRINCKE, Jr.

JANUARY, 1921

WASHINGTON
GOVERNMENT PRINTING OFFICE
1921

CONTENTS.

Workmen’ s compensation laws of the United States and Canada:
Introduction........................................................................................................
Workmen’ s compensation laws of the United States—Review..............................
Introduction........................................................................................................
Progress of legislation.........................................................................................
Types of laws.......................................................................................................
Analysis of principal features of the laws........................................................
Alabama.......................................................................................................
Alaska...........................................................................................................
Arizona.........................................................................................................
California......................................................................................................
Colorado........................................................................................................
Connecticut..................................................................................................
Delaware......................................................................................................
District of Columbia...................................................................................
Hawaii..........................................................................................................
Idaho.............................................................................................................
Illinois..........................................................................................................
Indiana.........................................................................................................
Iowa..............................................................................................................
Kansas..........................................................................................................
Kentucky.....................................................................................................
Louisiana.....................................................................................................
Maine.......................................................................................................... .
Maryland......................................................................................................
Massachusetts...............................................................................................
Michigan.......................................................................................................
Minnesota.....................................................................................................
Missouri.........................................................................................................
Montana........................................................................................................
Nebraska.......................................................................................................
Nevada..........................................................................................................
New Hampshire...........................................................................................
New Jersey...................................................................................................
New Mexico.................................................................................................
New York.....................................................................................................
North Dakota...............................................................................................
Ohio...............................................................................................................
Oklahoma......................................................................................................
Oregon...........................................................................................................
Pennsylvania................................................................................................
Porto R ico....................................................................................................
Rhode Island...............................................................................................
South Dakota................................................................................................

Page.
7,8
9-256
9,10
10-14
14-20
21-68
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57

CONTENTS.

Workmen's compensation laws of the United States—Concluded.
Analysis of principal features of the laws—Concluded.
Page.
Tennessee.....................................................................................................
58
Texas.............................................................................................................
59
Utah..............................................................................................................
60
Vermont......................................................................... ..............................
61
Virginia.........................................................................................................
62
63
Washington..................................................................................................
West Virginia...............................................................................................
64
Wisconsin......................................................................................................
65
Wyoming.................................................................................... » ................
66
United States—civil employees.................................................................
67
United States—war risk..............................................................................
68
Constitutionality and construction of statutes............................................... 69-256
Due process of law....................................................................................... 72-79
Equal protection of the laws................................. ...................................79-83
Jury trial.......................................................................................................83-86
Liability without fault................................................................................ 86-90
Abrogation of employers’ defenses............................................................. 90,91
Exercise of judicial powers......................................................................... 91-94
Freedom of contract.................................................................................... 95-99
Status of benefit funds....................... ...................................................... 99-102
Police p ow er............................................................................................ 102-105
Particular provisions of the laws............................................................ 106-256
Injuries compensated....................................................................... 106-135
Accidents................................................................................... 107-118
Occupational diseases............................................................... 118-125
Disfigurement............................................................................ 125-128
Accidental injury as proximate cause..................................... 128-135
Coverage............................................................................................. 135-170
Domestic and farm labor.......................................................... 135-137
Hazardous employments.......................................................... 137-140
Casual employment................................................................... 140-146
Other exclusions........................................................................ 146-149
Public employees...................................................................... 149-153
Children unlawfully employed................................................ 153-155
Extraterritoriality..................................................................... 155-160
Admiralty................................................................................... 160-164
Interstate commerce................................................................. 164-169
Alien beneficiaries..................................................................... 169,170
Arising out of and in course of employment................................. 170-188
Willful misconduct........................................................................... 188-193
Liability of third parties.................................................................. 193-199
Temporary disability....................................................................... 199-201
Partial disability.............................................................................. 201-210
Total disability................................................................................. 210-214
Dependence...................................................................................... 214-222
Basis of awards.................................................................................. 223-226
Settlements............................................................... ’...................... 226-231
Medical treatment............................................................................ 232-240
Election.............................................................................................
241
Exclusiveness of remedy................................................................. 242-244
Notice and claim.............................................................................. 244r-248
Disputes............................................................................................. 248,249
Evidence........................................................................................... 249-251
Appeals.............................................................................................. 251,252
Insurance.......................................................................................... 252-256

CONTENTS.

5
Page.

Workmen’ s compensation laws of Canada—Review.......................................... 257-266
Progress of legislation..................................................................................... 257-258
Analysis of principal features of the laws..................................................... 259-266
Alberta..........................................................................................................
259
British Columbia.........................................................................................
260
Manitoba.......................................................................................................
261
New Brunswick...........................................................................................
262
Nova Scotia..................................................................................................
263
Ontario..........................................................................................................
264
Quebec..........................................................................................................
265
Yukon Territory....................................................... ..................................
266
Appendix.—Text of workmen’ s compensation laws of the United States and
Canada............................................................................................................... 267-1178
UNITED STATES.

Alabama.................................................................................................................. 267-288
Alaska...................................................................................................................... 289-300
Arizona.................................................................................................................... 301-306
California................................................................................................................. 307-342
Colorado................................................................................................................... 343-370
Connecticut............................................................................................................. 371-387
Delaware.................................................................................................................. 388-401
District of Columbia..................................................................................................
402
Hawaii..................................................................................................................... 403-414
Idaho........................................................................................................................ 415-433
Illinois..................................................................................................................... 434-452
Indiana.................................................................................................................... 453-467
Iowa......................................................................................................................... 468-486
Kansas..................................................................................................................... 487-499
Kentucky................................................................................................................ 500-521
Louisiana................................................................................................................. 522-534
Maine....................................................................................................................... 535-548
Maryland................................................................................................................. 549-569
Massachusetts.......................................................................................................... 570-587
Michigan.................................................................................................................. 588-605
Minnesota................................................................................................................ 606-621
Missouri................................................................................................................... 622-638
Montana................................................................................................................... 639-668
Nebraska.................................................................................................................. 669-685
Nevada..................................................................................................................... 686-703
New Hampshire...................................................................................................... 704-707
New Jersey.............................................................................................................. 708-726
New Mexico............................................................................................................ 727-739
New York................................................................................................................ 740-765
North Dakota.......................................................................................................... 766-776
Ohio......................................................................................................................... 777-795
Oklahoma................................................................................................................ 796-809
Oregon..................................................................................................................... 810-827
Pennsylvania.......................................................................................................... 828-854
Philippine Islands....................................................................................................
855
Porto R ico............................................................................................................... 856-864
Rhode Island.......................................................................................................... 865-879
South Dakota.......................................................................................................... 880-892
Tennessee................................................................................................................ 893-906
Texas........................................................................................................................ 907-924
Utah......................................................................................................................... 925-941

CONTENTS.
Page.

Vermont........................................................................................................ . ......... 942-956
Virginia.................................................................................................................... 957-972
Washington.............................................................................................................. 973-996
West Virginia......................................................................................................... 997-1014
Wisconsin.......................... .................................................................................. 1015-1031
Wyoming.............................................................................................................. 1032-1042
United States—civil employees........................................................................ 1043-1050
CANADA.

Alberta................................................................................................................. 1051-1066
British Columbia................................................................................................. 1067-1086
Manitoba.............................................................................................................. 1087-1108
New Brunswick................................................................................................... 1109-1122
Nova Scotia......................................................................................................... 1123-1141
Ontario................................................................................................................. 1142-1167
Quebec................................................................................................................. 1168-1171
Yukon Territory.................................................................................................. 1172-1177
Dominion of Canada.................................................................................................. 1178 .

BULLETIN OF THE

U. S. BUREAU OF LABOR STATISTICS.
no.

272.

WASHINGTON.

Ja n u a r y , 1921.

WORKMEN’S COMPENSATION LEGISLATION OF THE
UNITED STATES AND CANADA, 1919.
INTRODUCTION.

The Fourth Special Report of the Commissioner of Labor, issued
in 1893 under the title of “ Compulsory Insurance in Germany,” was
the first report published in this country devoted to the subject' of
workmen’s insurance.1 At that time compensation for industrial
accidents had been established by law in two countries only, Germany
in 1884, and Austria in 1887; the third country—Norway—not fol
lowing until 1894. In the other countries discussed in the appendix
of this early report the workmen’s compensation movement had not
passed beyond the stage of Government commissions and legislative
discussion.
Since the publication of this first report, the development of the leg
islation providing for workmen’s compensation for industrial accidents
in Europe and throughout the world has been extremely rapid; in
fact, it may be doubted whether any other subject of labor legisla
tion has ever made such progress or gained such general accept
ance for its principles in so brief a period. At the present time at
least 50 foreign countries and provinces have introduced some form
of workmen’s compensation for industrial accidents, which, while
showing great variations in the industries covered, the amount of
compensation provided, and the methods by which compensation
payments are secured, recognize the principles of compensation as
distinguished from the older idea of employer’s liability previously
accepted in the civil law of continental Europe, as well as in English
and American law.
In the United States what might be called the period of investi
gation and education began somewhat late as compared with Euro
1 A list of the publications of the Bureau of Labor Statistics relating to the general subject of workmen’s
Insurance and compensation may be found on the second and third pages of cover.

w o r k m e n ’s

COMPENSATION LEGISLATION.

pean countries. But since that beginning, investigation and study
have been followed with great rapidity by legislative action. The
first American State commissions that led to the enactment of laws
were appointed in New York, Wisconsin, and Minnesota in 1909,
legislation following in New York in 1910, in Wisconsin in 1911, and
in Minnesota in 1913. Beginning with the year 1909, 36 commissions,
either appointed or voluntary, not including the Federal commission,
have considered the subject of compensation, and compensation
legislation has been enacted in 42 States and the District of Columbia
(public employees only), as well as in the Territories of Alaska and
Hawaii, and Porto Rico and the Philippine Islands. There are also
to be noted the orders applicable to the Canal Zone and the Alaskan
railway, and the Federal laws of 1908 to 1914, these orders and laws
being now repealed and superseded by the United States Employees7
Compensation Act of September 7, 1916.
f Foreign countries, too, have been progressive in the same field,
some of the laws noted in earlier reports being superseded, while in
new and comparatively undeveloped industrial countries this type of
law has been adopted, so that annual revisions are a practical neces
sity if current conditions are to be accurately presented. By reason
of the bulk of the legislation enacted, and the volume of material
afforded by any analysis of the laws, and also because of the closer
community of interests, the present volume is limited to a presenta
tion of the laws of the United States and Canada.
c The lapse of time has diminished the value of the accounts of the
work done by the investigative commissions; and moreover their ends
have been accomplished for the most part, so that the summary of
their reports which has been presented in earlier bulletins on the
subject is omitted. Therefore the present volume will set forth in
analytic form the main provisions of the laws, some account of
their judicial construction and administrative methods, and the
latest text, giving identical treatment to the laws of Canada and the
United States so far as the conditions permit.

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.
INTRODUCTION.

The first account of the action of the States of the Union and of
agencies interested in compensation legislation appeared as an
article of 40 pages in Bulletin No. 90,2September 1, 1910. Legislation
bills, etc., of 1911 received attention in an article appearing in Bulletin
No. 92.3 Subsequent accounts have been given in separate bulletins,4
besides special analytical studies.5
Investigative commissions began to be provided for as early as 1903
(Massachusetts) and 1905 (Illinois), but no legislative results followed.
Later commissions in both these States, and two and even three
commissions in others, indicate the degree of caution with which
the approach was made to the subject of compensation legislation.
The following tables show the progress of action, both in the appoint
ment of commissions and in the enactment of laws:
STATES, ETC., IN WHICH COMMISSIONS W E R E APPOINTED A N D IN W HICH COMPENSATION L A W S W E R E ENACTED , B Y Y E A R S , TO THE EN D OF 1919.

State, etc.

Alabama......................
Alaska...........................
Arizona.........................
.Arkansas......................
California......................
Colorado........................
Connecticut.................
Delaware......................
District of Columbia «.
Hawaii..........................
Idaho.............................
Illinois..........................
Indiana.........................
Iowa..............................
Kansas..........................
Kentucky........
Louisiana.........
Maine...............
Maryland.........
Massachusetts.
Michigan..........
Minnesota........
Missouri...........
Montana...........
Nebraska.........

Year
com
mission
was ap
pointed.

Year
compen
sation
law was
enacted.

1915

1919
1915
1912

1919
1911
1907
1911

1905
1913
1911
ft 1915
1912
1913
1903
1911
d 1909
1910
cl910
1911

Public employees only.
&Voluntary.
c Law declared unconstitutional.

*‘ i9 ii* ‘
1915
1913
1917
1919
1915
1917
1911
1915
1913
1911
2 1914
1916
1914
1915
1912
1911
1912
1913
1913
*1909
1915
1913

State, etc.

Nevada................ .
New Hampshire..
New Jersey......... .
New Mexico.........
New York.............
North Dakota.........
Ohio..........................
Oklahoma.................
Oregon......................
Pennsylvania..........
Philippine Islands..
Porto Rico...............
Rhode Island...........
South Dakota........ .
Tennessee............... .
Texas........................
Utah..........................
Vermont...................
Virginia....................
Washington........... .
West Virginia.........
Wisconsin............... .
Wyoming............... .
United States........ .

Year
com
mission
was ap
pointed.

Year
compen*
sation
law was
enacted.
1911
1911
1911
1917

1909
1911
1910
d 1911

1911
1913
1913
1911
1915
1913
1916
<H910
<*1911
1909
1910

<51910

1913
1919
1911
1915
1913
1915
1905
1916
1912
1917
1919
1913
1917
1915
1918
1911
1913
1911
1915
/1 908
\1916

Appointed by the governor.
« Two laws, one (compulsory) declared unconstitutional,

2 Recent action relating to employers’ liability and workmen’s compensation, September, 1910.

* Workmen’s compensation and insurance: Laws and bills, 1911. January, 1911.
Workmen’s compensation laws of the United States and foreign countries. Bui. 126. December, 1913.
477 pp.
Compensation legislation of 1914,1915. Bui. No. 185. October, 1915. 408 pp.
Workmen’s compensation laws of the United States and foreign countries. Bui. 203. January, 1917.
961 pp.
Workmen’s compensation legislation of the United States and foreign countries, 1917,1918. Bui. No. 243.
September, 1918. 477 pp.
&Comparison of workmen’s compensation laws. Bui. No. 240. May, 1918. 106 pp. Bui. No. 275,
1920. 140 pp.
*

WORKMENS COMPENSATION LAWS OF THE UNITED STATES.

NU M BER OF W O R K M E N ’ S COMPENSATION COMMISSIONS AND
1908 TO 1919.

Year.

Commis States,
etc., en
sions
formed or acting
provided original
law.
|
for.

1903...............
1905...............
1907...............
1908
1909.............
1910...............

1
1
2
i

3
8

i
1
1

Commis States,
etc., en
sions
formed or acting
provided original
for.
law.

Year.

1911...............
1912...............
1913...............
1914 . .
1915...............
1916...............

12
1
7
3
1

L AW S, B Y

Year.

10 1917...............
4 1918...............
7 1919...............
2
9 !
Total....
1

YEARS

Commis States,
sions
etc., en
formed or acting
provided original
for.
law.

5
I

1 United States.

The 40 commissions above accounted for operated in 32 jurisdic
tions, while laws have been enacted in 42 States, the Territories of
Alaska and Hawaii, the Philippine Islands, and Porto Rico, for the
civil employees of the Federal Government, and for the employees of
the government of the District of Columbia. Not every law has been
preceded by a commission, therefore; but every commission except
that of Arkansas, appointed in 1919, has been followed by the enact
ment of a law, though in some cases so remotely as to suggest a lack
of any real connection between the two events. The year 1911 was
marked by the creation of the largest number of commissions as well
as by the enactment of the largest number of laws. But one inves
tigative commission has been appointed since 1916—that of Arkan
sas, said to be to remove constitutional objections in a pending bill;
only four have been created since 1913, and it is obvious that the day
of their usefulness is ended, either as an aid in determining the
desirability of compensation legislation or of working out deviations
from accepted standards so as to meet supposed local peculiarities.
PROGRESS OF LEGISLATION,

The status of the employees of the United States, which precludes
suits for damages against their employer, the Government, led to a
comparatively early enactment of provisions in their behalf which
partook, to a considerable extent, of the nature of compensation
laws, though not fully representing them either in principle or opera
tion. Thus as early as 1882 (22 Stat., p. 57) provision was made for
certain employees of the Life-Saving Service who might suffer from
accidental injuries and from disease contracted in the service.
Beginning with 1900, the Post Office Department was given the
authority to employ “ acting clerks in place of clerks injured while
on duty” in the Railway Service, the salaries of the injured clerks
being continued for not more than one year. Death benefits were
added by later enactments, half pay during the second year of dis
ability being provided, and the scope of the provisions increased so
as to cover many other employees of the department.

PROGRESS OE LEGISLATION.

In 1908 a more general law for Federal employees was enacted to
be administered by the Secretary of Commerce and Labor, but lack
ing much of complete coverage and falling far short of adequacy in
its provisions. It remained practically unchanged, however, until in
1916 a law of general application to civil employees of the United
States was passed, and an administrative commission provided for.
This act extends to employees of the Isthmian Canal and the Panama
Railroad, and of the Alaskan railways under Federal construction
and control, but administration for these groups of employees rests with
the officials in charge of the respective localities and undertakings.
The latest extension (1919) of the provisions of this act brings
employees of the government of the District of Columbia within their
scope, the law being administered in this regard by the same com
mission that has charge of the act as it affects civil employees of the
United States generally.
The first State legislation enacted in the United States, providing
for stated benefits without suit and without proof of negligence, was
a cooperative insurance law of the State of Maryland, enacted* in
1902. This law was of restricted application, affecting only mining,
quarrying, steam and street railways, and work by municipalities in
constructing any sewer, excavation, or other physical structure.
This law was to be administered by the State insurance commissioner,
and made payment an absolute requirement in case of death. It
was declared unconstitutional after about two years’ operation.6
An act of the same legislature made quite similar provisions for coal
and clay miners in Alleghany and Garret counties.
The next law within the territorial jurisdiction of the United States
was an enactment by the United States Philippine Commission in
1905, authorizing the continuance of wages for a period during
disability, but not exceeding 90 days, in case of injury received by
employees of the insular government in line of duty.7
Next in order of time was the Montana statute of March 4, 1909, in
effect October 1, 1910, providing for the maintenance of a. State
cooperative insurance fund for miners and laborers in and about the
coal mines of the State. Contribution to the fund was compulsory,
employers to pay on the basis of the tonnage of coal mined and em
ployees on the basis of their monthly gross earnings. State officials
were to administer the fund, and payments for death and disability
were provided for. While compulsory, the act was not exclusive
as against injured workmen, who were permitted to sue under the
employers’ liability law, though bringing suit forfeited benefits
under this act. The double obligation imposed upon the employer
by the act was held by the supreme court of the State to invalidate it,
« For an account of the operation of this law and the opinion declaring it unconstitutional, see Bui. No.
57, pp. 645-648,689,690. The law itself is given in Bui. No. 45, pp. 406-408.
^ Act No. 1416: see Bui. No. 71, p. 394.

w o r k m e n ’s COMPENSATION LAWS OF THE UNITED STATES.

though in its essential features it was held to be a* valid exercise of
the law making power.8
The next law enacted in this field, and the last before the effect of
investigations by commissions came to be influential, was a law of 1910
of Maryland, superseding and repealing the act of 1902, affecting the
coal and clay miners of Allegany and Garrett counties. This act was
itself repealed by the compensation law of 1914. It provided for
equal contributions by employers and workmen to a fund to be col
lected and disbursed by the treasurers of the respective counties.
Administration rested with the county commissioners. Suit could
be brought, but this barred compensation rights, and conversely
the acceptance of benefits barred the right to sue. The fault of
double liability which was held to invalidate the Montana statute
was avoided in this law by a provision which authorized an employer
who had defended a suit, and against whom judgment had been
rendered, to deduct, on compliance with certain conditions, the
amount of such judgment and costs from the payments thereafter
to be made by him to the county fund.9
It is to be observed of the foregoing legislation, antedating what
may be called the commission period, that it is of limited application,
either as to the locality or classes of employees affected; also that
there appears to have been little regard to compensation principles
as at present understood. The remaining laws to be noticed may be
said to be of general application, and have either followed the in
vestigations of commissions or have been enacted under conditions
making the results of such commissions available to those interested.
The first of the laws of this class is the elective compensation law
of New York, 1910, followed at the same session by a compulsory
law for hazardous occupations. The latter law was declared uncon
stitutional after a very brief term of existence, but after an amend
ment to the constitution, a new law was passed, which has been sus
tained by both the State and the Federal courts.
Of the 10 laws enacted in 1911, 7 provided for simple com
pensation, 3 containing also provisions for insurance; while in
1912, three States enacted compensation laws and one an insurance
law; in 1913 seven States were added to the list, in five of which com
pensation only was provided for, while in two there is also a system
of insurance. In 1914 compensation laws were enacted in two States,
though in one (Kentucky) the law was declared unconstitutional
before the time for it to take effect. Of the 10 new laws enacted in
1915 (one taking the place of the unconstitutional statute of Mon
tana), 9 provided for compensation merely, while 1 established an
insurance system. A new compensation law was passed in Kentucky
in 1916, in lieu of the earlier law declared unconstitutional; this,
b For the law in full see Bui. No. §5, pp. 658-661. •
9 This act is given in Bui. No. 91, pp. 1066-1070: amendments enacted in 1912 appear in Bui. No.

Ill,

PROGRESS OF LEGISLATION.

with a law of Porto Rico which requires the insurance of the lia
bilities fixed by it are the only new laws of the year, though impor
tant amendments were made in Louisiana and New York. Indeed,
practically every year is marked by amendments whose tendency is in
general to strengthen the laws and enlarge their scope.
The extension of compensation legislation to five States in 1917,
one in 1918, and four in 1919, besides the inclusion of public employees
of the District of Columbia, marks the present bounds of compensa
tion legislation. Of these, two of the laws of 1918 and one in 1919
provide for a State insurance system, though in only one of them'is
this system exclusive.
The following table shows in chronological order the States, etc.,
that have enacted compensation laws:
STATES, ETC., HAV IN G COMPENSATION L AW S, W IT H TH E D AT E OF T H E IR EN ACT
M ENT AN D COMING INTO EFFECT.

State.
United £
Washington.........
Kansas...................
Nevada..................
New Jersey...........
California..............
New Hampshire..
Wisconsin.............
Illinois...................
Ohio.......................
Massachusetts___
Michigan...............
Rhode Island.......
Arizona................ .
West Virginia___
Texas............
Iowa..............
Nebraska___
Minnesota...
Connecticut.
New York
Maryland___
Louisiana___

Approved.

Effective.

May 30,1908 Aug. 1,1908
Mar. 14,1911 Oct. 1.1911
1.1912
____do............. Jan.
Mar. 24,1911 July 1.1911
Apr. 4,1911 July 4.1911
Apr. 8,1911 Sept. 1.1911
Apr. 15,1911 Jan. 1.1912
May
3,1911 May 3.1911
June 10,1911 May 1.1912
1.1912
June 15,1911 Jan.
July 28,1911 July 1.1912
Mar. 20,1912 Sept. 1.1912
Apr. 29,1912 Oct. 1.1912
June 8,1912 Sept. 1.1912
Feb. 22,1913 Oct. 1.1913
Feb. 25,1913 July 1.1914
Apr. 16,1913 Sept. 1.1913
Apr. 18,1913 July 1.1914
Apr. 21,1913 July 17,1913
Apr. 24,1913 Oct. 1.1913
May 29,1913 Jan.
1.1914
Dec. 16,1913 July 1.1914
Apr. 16,1914 Nov. 1.1914
June 18,1914 Jan.
1.1915

State.

Approved.

Effective.

Wyoming................... Feb. 27,1915 Apr. 1.1915
Indiana........................ Mar. 8,1915 Sept. 1.1915
Montana *................... ....... do............. July 1.1915
Oklahoma................... Mar. 22,1915 Sept. 1.1915
Vermont..................... Apr. 1,1915 July 1.1915
Maine.......................... ....... do............. Jan. 1.1916
Colorado...................... Apr. 10,1915 Aug. 1.1915
Hawaii........................ Apr. 28,1915 July 1.1915
Alaska......................... Apr. 29,1915 July 28,1915
Pennsylvania............. June 2,1915 Jan. \ 1,1916
Kentucky *................. Mar. 23,1916 Aug. 1,1916
Porto Rico................. Apr. 13,1916 July { 1,1916
South Dakota............ Mar. 10,1917 June 1,1917
New Mexico............... Mar. 13,1917 June 8,1917
Utah............................ Mar. 15,1917 July 1,1917
Idaho........................... Mar. 16,1917 Jan. 1,1918
Delaware..................... -Apr. 2,1917
Do..
Virginia....................... Mar. 21.1918 Jan. 1,1919
North Dakota............ Mar. 5,1919 July 1,1919
Tennessee................... Apr. 15.1919
Do.
Missouri a.................... Apr. 28,1919 Nov. 1,1919
District of Columbia 1 July 11,1919 July 1,1919
Aug. 23,1919 Jan. 1,1920
Alabama...............

1 Public employees only.
* Earlierlaws of Montana (1909), New York (1910), and Kentucky (1914) were declared unconstitutional.
* The law of Missouri is suspended awaiting the results of a referendum.

The dates given-above are the dates of the actual inception of com
pensation methods in the various jurisdictions. As indicated by the
footnotes, earlier laws were enacted in a few States, but were never
really operative. The existing laws of a number of jurisdictions,
widely differing in some instances from those enacted at the dates
given above, are of more recent enactment; but the operation of a
compensation law has been continuous since the original act became
effective. There are therefore but six States in the southeastern
portion of the Union that are without compensation laws, unless the
referendum in Missouri should prove adverse to the act of that State.
It also rests with Congress to provide for private employments in
the District of Columbia and for interstate employees in transporta
tion and for maritime workers.

WORKMEN ?S COMPENSATION LAWS OF THE UNITED STATES.

Besides the statutory enactments noted above, there have been
constitutional provisions made in a number of States, adopted with
a view to the removal or forestalling of objections to compensation
legislation on grounds of constitutionality. Thus the constitution
of ^Arizona, adopted on the admission of that State into the Union
in 1910, provides specifically for the enactment of a compensation
law. Amendments in favor of such legislation were adopted in 1911
in (California, in 1912 in Ohio, 1913 in New York and Vermont, 1914
in\Wyoming, and in 1915 in Pennsylvania. In Oklahoma alone, of
all (the States where the question has been submitted to the people,
was such an amendmqnt rejected. This took place on August 1,1916,
the amendment failing along with eight others submitted at the time.
Of -this.it has been said that the questions passed upon were rejected
as a whole on account of other facts than the attitude of the public
toward this particular subject*
The importance of such amendments to the constitution as pre
liminary to the enactment of compulsory laws has been greatly dis
counted by reason of decisions of the Supreme Court of the United
States, upholding compensation laws of various types and form, as
not in conflict with constitutional provisions; so that, in the absence
of specific limitations which may be found by way of exception in
some State constitutions, no bar appears to the enactment of a com
pensation law compulsory in form, and of general application.
However, in but two States (California and Illinois) thus far has an
original elective law been supplanted by a compulsory one.
TYPES OF LAWS.10

The rapid growth of compensation legislation, involving, as it has,
the almost simultaneous enactment of laws in a number of States,
has operated to prevent the adoption of any one form of law as a
type,, so that, although a single fundamental principle underlies the
entire group of laws of this class, its expression and application pre
sent great diversity of details in the different States. This extends
not only to the primary factors of the scope of the laws and the
amount of compensation payable under them, but the matter of
making the laws compulsory or voluntary in their acceptance, the
securing or not securing the payments of the benefits, the mode of
securing where it is required, methods of administration, of election
or rejection, etc.
No fixed form of analysis or summary presentation can give in
complete detail the provisions of the laws under consideration. They
relate not only to the compensation of accidents, but to accident re
porting, safety provisions, the enforcement of safety laws, the estab
10A detailed comparison of the provisions of existing laws appears as Bulletin No. 275.

TYPES OP LAWS.

lishment of insurance systems, premium rates, investments, the scaling
of payments in cases of certain forms of negligence or their increase
under certain conditions, procedure in arbitration, forms of appeal,
and a great variety of subjects on which it would be impossible to
generalize, and which can be discovered only by a reading of the
individual statutes, though the use of the index to the laws will aid
in this. The adoption by a few States of laws generally similar can
be clearly recognized, but it is obvious that at the present time it can
not be said that any one type of law is predominantly approved.
However, it seems none the less certain that the welfare of both
employer and employee, as well as the public interest generally,
would be served by the general adoption of uniform laws, just and
certain in their operations, and not dependent for their acceptance
on the personal views or interests of individuals or groups of
individuals.
It is encouraging to note in this connection that, though there is
such diversity, and a manifest disposition on the part of some admin
istrative and legislative bodies to regard variations as warranted by
local conditions, if not absolutely desirable, there are certain discov
erable tendencies to move in a common direction, and thus approach
a common end.
Thus a comparison of the new and amendatory enactments from
year to year discloses a movement toward an increase in the rate of
compensation. Until the year 1919, a majority of the laws used a
50 per cent basis for compensation awards, while at present a larger
number pay from 60 to 66§ per cent of the wages as benefits. Wait
ing time has been reduced from a general standard of two weeks to
a predominant limitation of one week or less, eight States shortening
the waiting time in 1919, and 9 or 10 others by earlier amendments.
Perhaps in no aspect have the laws been more generally liberalized
than in regard to medical and surgical aid, important changes taking
place each year, though there is yet room for improvement. Admin
istration by a commission instead of by courts is increasingly recog- j
nized as necessary, three States having provided for them after
experience, without them, leaving but 10 which are at present without
such an agency.
j
Compensation laws may be classified first as compulsory or elective. ]
A compulsory law is one which requires every employer within its|
scope to accept the act and pay the compensations specified. Usually,
but not always, the employee must also accept the provisions of the]
act. In Arizona, for example, the law is compulsory as applied to
the employer, but the employee, after an injury, has the option of
accepting compensation or suing for damages.

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 st a t e s .

An elective act is one in which the employer lias the option of
either accepting or rejecting the act, but, in case he rejects, the cus
tomary common-law defenses are abrogated. In other words, the
employer is subjected to a higher degree of liability if he does not
elect. In most States the employee also has the right to accept or
reject the act, although in Texas he has no option and must accept
if his employer elects.
^
None of the compensation laws covers all employments. Usually
agriculture, domestic service, employments casual in nature or not
conducted for the purpose of the employer’s business, and in some
laws nonhazardous employments, are exempted from the provisions
of the act. It may be provided, however, that such employments
may come under the provisions of the law through the voluntary
acceptance of the employer or the joint election of employer and
employee in these exempted classes, but the employer loses no rights
or defenses if he does not accept, and to this extent the compensation
law is a voluntary one. Thus a law may be either compulsory or
elective as to the employments covered and voluntary as to other
employments.
Furthermore, an act may be elective as to private but compulsory
as to public employments. Classification, however, is based exclu
sively upon private employments.
Besides the distinction as to the compulsory or elective application
of the law, it may require the employer coming under it, whether
voluntarily or by compulsion, to insure his liability to make payments,
or it may leave the matter of insurance to his own choice. On the
basis of these two facts the following classification of State laws
appears:11
n The term State is used in this discussion to include the Territories of Alaska and Hawaii, and the Island
of Porto Rico.' Since the Federal law applies only to public employees, it is not, as a rule, considered.

TYPES OF LAWS.

Compensation compulsory, 14.

Insurance required, 13.

California.
Hawaii.
Idaho.
Illinois.
Maryland.
New York.
North Dakota.
Ohio.
Oklahoma.
Porto Rico.
Utah.
Washington.
Wyoming.

Insurance not
required, 1.

Arizona.

Compensation elective, 31.

Insurance required, 26.

Colorado.
Connecticut.
Delaware.
Indiana.
Iowa.
Kentucky.
Maine.
Massachusetts.
Michigan.
Missouri.
Montana.
Nebraska.
Nevada.
New Hampshire.
New Jersey.
New Mexico.
Oregon.
Pennsylvania.
Rhode Island.
South Dakota.
Tennessee. #
Texas.
Vermont.
Virginia.
West Virginia.
Wisconsin.

Insurance not
required, 5.

Alabama.
Alaska.
Kansas.
Louisiana.
Minnesota.

Very considerable differences appear in the methods provided by
the laws of *the 39 States in which insurance is obligatory. Thus
the State may make provision for the carrying of such insurance,
and require all employers coming under the act to avail themselves
of such provision; or the State fund may simply offer one of alter
native methods. Again, the State may refrain entirely from such
action, but require insurance in private companies, stock or mutual;
and lastly, self-insurance may be permitted—i. e., the carrying of the
risk by the individual, subject to such safeguards as the law may
prescribe.
177982°— 21— Bull. 272------ 2

W o r k m e n ’s com peinsation l a w s o f t h e u n it e d s t a t e s .

The following table shows the groupings on the bases indicated:
COMPULSORY

INSURANCE

STATES,

CLASSIFIED
ALLOW ED.

KINDS

INSURANCE

State fund (17).
Private insurance (31).
Exclusive (8).

Self-insurance (31).

Competitive (9).
California..
Colorado..

Idaho-

Maryland.
Michigan..
Montana..

California........ .
Colorado...........
Connecticut. . .
Delaware..........
Hawaii..............
Idaho............... .
Illinois___ ■____
Indiana........... .
Iowa..................
Kentucky....... .
Maine................
Maryland.........
Massachusetts..
Michigan......... .
Missouri.......... .
Montana...........
Nebraska........ .

California.
Colorado.
Connecticut.
Delaware.
#
Hawaii.
Idaho.
Illinois.
Indiana.
Iowa.
Kentucky.
Maine.
Maryland.

New Hampshire1
New Jersey..........
New Mexico.........

New Hampshire.1
New Jersey.
New Mexico.

New York.
Oklahoma.

New York.
Ohio.3
Oklahoma.

Pennsylvania.

Rhode Island.
South Dakota.
Tennessee........
Texas...............
Utah.................
Vermont.........
Virginia...........

Rhode Island.
South Dakota.
Tennessee.
tltali.
Vermont.
Virginia.

Wisconsin.

West Virginia.3
Wisconsin.

Nevada.

Michigan.
Missouri.
Montana.
Nebraska.

North Dakota.
New York.
Ohio2.........
Oregon.......
Pennsylvania..
Porto Rico.

Utah.,
Washington. . .
West Virginia 3
Wyoming.

1 The New Hampshire law requires employers accepting the act to furnish proof of solvency or give
bond, but makes no other provisions for insurance.
2 Ohio permits self-insurance, but all employers are required to contribute their proportionate share to
the State insurance fund surplus.
*
* West Virginia permits self-insurance, but employers desiring to carry their own risk must contribute
their proportionate share of the administrative expenses of the law.

It is to be observed that the terms “ exclusive” and “ competitive”
as used in the foregoing table relate to the competition of other insur
ance carriers; self-insurance being permitted in some States from
which competing companies are barred.
Besides the 17 States here noted as having State funds, the law of
Virginia mentions the State fund as one of the insurance carriers
for employers coming under the act, but makes no provision for the
creation of such fund. It will be noted that three12 of the seven
States which are classed in the foregoing table as having exclusive
State funds are shown by the table next above to ha\e an elective
system of compensation. However, should employers in these States
accept the compensation system, insurance in the State fund is

i2 Nevada., Oregon, and West Virginia.

TYPES OF LiAWS.

obligatory, except that in West Virginia approved employers may
carry their own liabilities.
The law of Idaho affords some difficulty as to classification of the
Insurance system. Payments under the act are to be secured by
insuring in the State fund, or by a deposit of satisfactory security.
*‘ Such security may consist of a surety bond or guaranty contract
with any company authorized to do surety or guaranty business in
Idaho.” This has been construed by the attorney general of the
State to permit both surety bonds and insurance contracts to be
received as security.
The compensation laws of three States13provide for a State mutual,
association, though, except in Kentucky, the management is entirely
in the hands of directors chosen by insuring subscribers. In Ken
tucky the governor appoints 3 of the 15 directors. Massa
chusetts was the first State to provide for this type of insurance.
The original purpose was to create an insurance monopoly conducted
by an employers’ mutual company and supervised by the State.
Before the law was finally enacted, however, private companies
were given practically the same privileges as the so-called State
company, which at present is a regular competing private company.
The other two States practically copied the provisions of the Massa
chusetts law. Massachusetts and Texas do not permit self-insurance,
while Kentucky does.
The accompanying map shows the extent of existing legislation
and the nature of the laws (L e., elective or compulsory), and whether
or not insurance is required; also the States having a State insurance
fund and its type. An analysis of the law of each State, in compar
able form, is presented on the following pages.

is Kentucky, Massachusetts, and Texas.

20
WORKMEN ’s COMPENSATION
LAWS OF THE

LAW

FUND

in su ra n c e |

E le c tiv e
q

ul RE d mriTn

E X C LU SIV E
.C O M P E T IT IV E

C O M P E N S A T IO N

COMPULSORY

__JREQU/RED

INSURANCE | n o ^

frfr'til

RFQUiRED E Z S 3

O
O

STATES.

co m p e n sa tio n

UNITED

STATE

----- — --------- ^----------------

NO COMPENSATION

ANALYSIS OF THE PRINCIPAL FEATURES OF THE LAWS.
ALABAMA.
Date of enactment.—August 23, 1919. Effective January 1, 1920.
Injuries compensated.—Injuries caused by accident arising out of and in the course
of the employment, causing disability for more than two weeks, or death, not caused
by employee’s willful misconduct, intoxication, or willful failure to observe rules
or statutory duties.
Industries covered.—All except those employing less than 16 persons, common
carriers while engaged in interstate commerce and domestic and agricultural service.
Municipalities and employers of less than 16 employees (except farm laborers), may
elect to come under the act.
Persons compensated.—Private employment: All persons in the industries covered,
including minors, but excepting casual employees. Public employment: Not
covered unless employer elects.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
(a) Burial expenses not to exceed $100.
(b) Total dependents: To widow, 30 per cent of wages; to dependent husband,
25 per cent; to widow or widower and one child, 40 per cent; to widow or
widower and two or three children, 50 per cent; to widow or widower and
four or more children, 60 per cent; to dependent orphan, 30 per cent; for
each additional orphan, 10 per cent, maximum 60 per cent; to one parent,
25 per cent, both 35 per cent; to grandparent, brother, sister, mother-in-law,
father-in-law, if one, 20 per cent, if more than one 25 per cent.
Compensation payable in the order named and ceases on death or remarriage,
and upon arrival of children at age of 18.
(c) To partial dependents: A proportion of the above corresponding to the relation
the contribution of the deceased to their support bore to his wages.
Maximum weekly payment, $12; minimum, $5. Total period, 300 weeks; total
maximum $5,000.
Compensation for disability:
(a) Reasonable medical, etc., treatment for the first 60 days, not exceeding $100.
(b) For temporary total disability, 50 per cent of wages for not over 300 weeks.
(c) For partial disability, 50 per cent of wage loss for not over 300 weeks.
For certain specific injuries (mutilations, etc.)? 50 per cent of wages for fixed
periods (10 to 400 weeks).
(d) For permanent total disability, 50 per cent of wages for 550 weeks, not over
$5 weekly after 400 weeks.
Maximum weekly payments, $12; with one wholly dependent child, $13; with
two children, $14; with three or more children, $15; minimum, $5.
No compensation payable for first two weeks. Compensation may be commuted
to lump-sum payments by agreement or by the court.
Revision of benefits.—Awards payable for more than six months may be revised by
agreement or by court.
Insurance.—Employers may insure whole or part of compensation. Insurance not
required.
Security for payments.—Compensation is not assignable, nor subject to garnishment,
and is entitled to the same preferences as unpaid wages.
Settlement of disputes.— Settlements not made by agreement are determined by
the courts.
21

w o r k m e n ’s c o m p e n s a tio n la w s

of th e

u n ite d s t a t e s ,

ALASKA.
Date of enactment—April 29, 1915; in effect July 28, 1915; amended, chapter 44,
acts of 1917Injuries compensated.—Personal injury causing disability for more than two weeks,
or death, arising out of and in course of employment, not due to the employee’s willful
intention to injure himself or another, or to his intoxication.
Industries covered.—Mining operations in which five or more persons are employed,
unless election to the contrary is made (includes development and construction work,
stamp and roller mills, reduction work and processes, coke ovens, etc.).
Persons compensated.—Private employment: All employees in industries covered,
contractors and subcontractors excluded. Public employment not included.
Burden o f payment.—All on employer.
Compensation for death;
(a) If married, $3,000 to widow, 1000 additional for each child under 16 years of
age, or child wholly dependent by reason of mental or physical incompeteney, or unborn or posthumous child, and to dependent parent or parents
if any; if no widow, $3,000 to any minor orphan, and $600 additional for
each child under 16; no total to exceed $6,000.
lb) If unmarried, and dependent parent or parents, $1,200 to each.
(c) If no dependents, funeral expenses not to exceed $150, and other expenses,
if any, to same amount.
Compensation for disability:
(a) Permanent total: $3,600 to workman alone; $1,200 additional if wife is living;
$600 additional for each -child under 16, posthumous child, or child over 16,
dependent by reason of physical or mental incompetency; total not to
exceed $6,000. If no wife or children, $600 to each dependent parent.
(b) Temporary total disability: 50 per cent of weekly wages for not over six
months.
■(c) Permanent partial disability: Fixed sums for specified injuries in lieu of
other payments, varying with conjugal condition and number of children.
Revision o f benefits.—Readjustment must be made if within two years an injury
develops or proves to be such as to warrant a different award from any previously
made.
Insumnce.—No provision.
Security of payments.—Attachment may be had pendingxesult of action, or employer
may deposit cash or bond with court. Payments are exempt from execution.
Settlement o f disputes.—By courts, either with or without jury trial.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

ARIZONA.
Date of enactment.—June 8, 1912; in effect September 1, 1912; amended, chapter 7,
acts of 1913.
Injuries compensated.—All accidental injuries causing disability of at least two
weeks, or death, arising out of and in the course of the employment, caused in whole
or in part, or contributed to, by a necessary risk or danger of, or inherent in the nature
of the employment, or by failure of the employer or his agents to exercise due care
or to comply with any law affecting the employment.
Industries covered.—All especially dangerous employments (enumerated list), includ
ing the construction, operation, and maintenance of steam and street railroads; work
with or near explosives; building work using iron or steel frames or hoists, derricks, or
ladders or scaffolds 20 or more feet above ground; telegraph, telephone, or other elec
trical work; work in mines, quarries, tunnels, subways, etc.; work in mills, shops, and
factories using power machinery. Elective as to other industries.*
Persons compensated.—Private employment: All employees in industries covered.
Public employment: No provision.
Burden of 'payment.—Entire cost rests upon the employer.
Compensation for death:
(а) To persons wholly dependent, a lump sum equal to 2,400 times one-half the
daily wages or earnings of the deceased employee, but not to exceed $4,000.
Payments to children cease on reaching the age of 18 years.
(б) If no dependents, the reasonable expenses of medical attendance and burial
of deceased employee.
Compensation for disability:
(а) For total disability, 50 per cent of the employee’s semimonthly earnings dur
ing the time he is unable to work at any gainful occupation.
(б) For partial disability, a semimonthly payment equal to one-half the wage
decrease.
(c) The total amount of payments for total or partial disability caused by a single
injury not to exceed $4,000.
Revision of benefits.—Examinations as to the nature of injury and degree of inca
pacity, etc., may be required by either party at intervals of not less than three months.
Insurance.—The employer may insure provided the liability for compensation is
not less than the compensation fixed by law.
Security of payments.—A judgment for compensation issued by a court is collectible
without relief from valuation or appraisement laws and has the same preferential
claim as is allowed by law for unpaid wages or personal services.
Settlement of disputes.—Disputes may be settled by (a) written agreement between
the parties, (b) arbitration, or (c) reference to the attorney general of the State. In
case of failure or refusal to agree by any of the modes above provided, then by a civil
action at law.

w o r k m e n ’s COMPENSATION LAWS OF THE UNITED STATES.

CALIFORNIA.
Date o f enactment.—April 8, 1911; in effect September 1, 1911; new act, chapter 176,
acts of 1913, in effect January 1, 1914; new act, chapter 586, acts of 1917, in effect
January 1, 1918; amended chapter 471, acts of 1919.
Injuries compensated.— Injuries or disease arising out of and in the course of employ
ment, including injuries to artificial members, causing disability for more than 7 days,
or death, not intentionally self-inflicted and not the result of the intoxication of the
injured employee.
Industries covered.—All except agriculture and domestic service, which services may
come under the act by joint election.
Persons compensated.—Private employment: All employees, including apprentices
and aliens, excepting casual employees not in the course of the employer’s trade or
business. Public employment: Persons employed by the State and its political
subdivisions and all public corporations, including officers and enlisted men of the
National Guard.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
(a) The reasonable expense of burial, not exceeding $100.
(b) To persons wholly dependent, three times the annual earnings of the deceased
employee; not less than $1,000 nor more than $5,000, payable at least
semimonthly in installments equal to 65 per cent of the wages. Payments
to children cease on their reaching the age of 18 years, unless mentally or
physically incapacitated for earning a living.
(c) If only partial dependents survive, three times the annual contribution of
the deceased to their support, subject to the same limitations as above.
(d) If no dependents, burial expenses, and $350 to be paid to rehabilitation fund.
Any disability payments made and burial expenses paid are to be considered
as parts of the foregoing totals.
Compensation for disability:
(a) Such medical, surgical, and hospital treatment as may reasonably be required
to cure and relieve from effects of injury.
(b) For temporary total disability, 65 per cent o average weekly earnings during
such disability.
(c) For temporary partial disability, 65 per cent of weekly loss of wages during
such disability.
(d) For permanent disability, 65 per cent of average weekly earnings for periods
varying from 4 to 240 weeks, according to the degree of disability. After
the expiration of 240 weeks a further benefit varying from 10 to 40 per
cent of the weekly earnings is payable during the remainder of life, when
the degree of disability reaches or exceeds 70 per cent.
The aggregate amount of benefits for a single injury causing temporary disa
bility is limited to three times the annual earnings of the injured person,
with a maximum benefit period of 240 weeks.
In case of permanent incapacity or death, a lump sum may be substituted for
benefits, such lump sum to equal the present value of the benefits computed
at 6 per cent.
Average weekly earnings shall be considered as not less than $6.41 nor more
than $32.05.
Revision of benefits.—Decisions and awards may be reviewed at any time during the
first 245 weeks, after legal notice received.
Insurance.—Insurance is required in the State insurance fund or in an authorized
insurance company, unless the employer furnishes proof of ability to carry M b own
insurance. Municipalities are required to insure in the State fund unless the risk is
refused.
Security of payments.—A claim for injury or death of an employee or any award
shall have the same preference over other unsecured debts as is given b y law to claims
for wages, but not so as to impair a lien of a previous award. Policies inure directly
to the benefit of employees, who also have a first lien on any amount due the employer
from the insurance company. Self-insurers may be required to give bond or deposit
securities.
Settlement of disputes.—Disputes are settled by the State industrial accident com
mission, subject to a limited review by the courts.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

COLORADO.
Date of enactment.—April 10, 1915; in effect August 1,1915. Reenacted, chapter
210, acts of 1919.
Injuries compensated.—-Injuries caused by accident arising out of and in course of
employment, not intentionally self-inflicted, and causing death within two years or
disability for more than ten days.
Industries covered.—All, except interstate commerce and domestic and agricultural
labor, irr which four or more persons are employed, if employers elect to come
under the act; others may elect, but lose no defenses if they do not.
Persons compensated.—Private employment: All employees, including aliens and
minors, whether lawfully or unlawfully employed, but excluding employees whose
work is but casual and not in the usual course of the employer’s business. Public
employees: All under any appointment or contract of hire; elective officials and
officers and enlisted men of the National Guard excluded.
Burden of payment.—All on employer.
Compensation for death:
(a) To persons wholly dependent, including acknowledged illegitimate children,
50 per cent of the weekly wages for six y ears, $10 maximum, $5 minimum,
total not to exceed $3,125 nor to be less than $1,560. If death occurs from
any cause during receipt of disability benefits, any unaccrued and unpaid
remainder goes to dependents.
(b) If only partial dependents survive, 50 per cent of the weekly wages, $10
maximum, $5 minimum, for such part of six years as the commission may
determine, total not to exceed $3,125. If death occurs from any cause
during the receipt of disability benefits, partial dependents shall receive
not more than four times the amount contributed by the deceased during
his last year of employment, the aggregate of disability and death benefits
not to exceed $3,125.
(c) If no dependents, medical services and $75 funeral expenses.
(d) Payments to any beneficiary cease on death; to widow or dependent widower
on remarriage, but a lump sum equal to one-half the unpaid balance shall be
paid to the spouse if there are no children; if there are dependent children,
the unpaid balance is payable to them; to children, on reaching the age of
18, unless physically or mentally incapacitated from earning.
Payments lapsing for any reason go to surviving dependents, if any.
Benefits to aliens are one-third the amounts payable to citizens, and may not
exceed $1,041.66 in all.
Compensation for disability:
(a) Medical and surgical assistance for first 60 days, not more than $200 in value
and $100 for dental services.
(b) For temporary total disability, 50 per cent of weekly wages during continu
ance, $5 minimum, $10 maximum; full wages if less than $5.
(c) For permanent total disability, 50 per cent of average weekly wages, maxi
mum $10, minimum $5, for life.
(d) For permanent partial disability, 50 per cent of the weekly wage decrease, $10
maximum; total not to exceed $2,600. Special schedule for specified
injuries, 50 per cent of weekly wages for periods ranging from 4 to 208 weeks,
in addition to other payments. Facial disfigurements may also be com
pensated for in an amount not exceeding $500.
(e) For temporary partial disability, 50 per cent of wage loss during disability;
maximum $10, minimum $5 weekly, aggregate maximum $1,300.
Payments may be commuted to a lump sum after six months.
Revision of benefits.—Awards may be reviewed after making, and may be appealed
from within 20 days.
Insurance.—Insurance in State fund, stock, or mutual company, or proof of financial
ability to make payments, is required. Public employees must be insured in the
State fund.
Security of payments.—Insurers are primarily liable to a workman or his beneficiaries
entitled to benefits; notice to employer is notice to insurer; insolvency of employer
does not release insurer. Claims are not assignable, and payments are exempt from
attachment or execution. Claims to have same preference as to lien as wages, but
not limited as to amount.
Settlement of disputes.—Disputes are determined by the industrial commission, with
limited appeal to courts.

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

CONNECTICUT.
Date o f enactment.—May 29, 1913; in effect January 1, 1914; amended, chapter 228,
acts of 1915; chapter 368, acts of 1917; chapter 284, acts of 1918; chapter 142, a»ts of 1919.
Injuries compensated.—All injuries arising out of and in the course of employment,
disability of more than 7 days, or death, except when injury is caused by willful and
serious misconduct of the injured employee, or by his intoxication. Occupational
diseases are included.
Industries covered.—All industries in which five or more persons are employed, in
absence of contrary election by employer.
Persons compensated.—Private employment: All employees of an employer accept
ing the act, in absence of contrary election, outworkers"and casual employees who
are employed otherwise than for the purposes of the employer’s business excepted.
Public employment: Employees of the State and any public corporation within the
State using the services of another for pay.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
(а) $100 for burial expenses.
(б) To persons wholly dependent, a weekly compensation equal to one-half
the earnings of the deceased employee.
(c) If only partial dependents survive, a weekly compensation, determined
according to the measure of dependence, not exceeding one-half the earn
ings of the deceased employee.
(d) Compensation shall in no case be more than $18 or less than $5 weekly, and
shall not continue longer than 312 weeks.
A widow’s or widower’s dependence ceases with remarriage, and a child’s
upon reaching 18 years of age, unless physically or mentally incapacitated.
If a widow or dependent widower remarries or dies during the term of benefit
payments, subsequent payments go to other dependents, if any.
Aliens receive only one-half of above compensation.
Compensation for disability:
(a) Reasonable medical and surgical aid and hospital service.
(b) For total disability, a weekly compensation equal to one-half the employee’s
earnings, not more than $14 or less than $5 weekly, or for longer than 520
' weeks.^
(c) For partial disability, a weekly compensation equal to one-half the wage
loss, but not more than $18 per week, or for longer than 520 weeks. For
specified injuries causing permanent partial disability, one-half the average
weekly earnings for fixed periods in lieu of all other payments.
Lump-sum payments may be approved by the commissioner, ’provided th^y
equal the value of the compensations.
Revision o f benefits.—Review may be. had upon request of either party, when
ever it shall appear to the compensation commissioner that the incapacity or the
measure of dependence has changed. The commissioner retains control over awards
during their whole period, with power to take proper action thereon at any time.
Insurance.—Approved schemes may be substituted, provided^ the benefits are
equivalent to those provided by law. Insurance may be taken in approved stock
or mutual companies or associations.
Security o f payments.—Employer must furnish the insurance commissioner satis
factory proof of his solvency and financial ability to pay awards, file satisfactory security
with the insurance commissioner, or insure in approved stock or mutual companies
or associations. Payments are not assignable, are exempt from execution, and are
entitled to the same preference as wage debts.
Settlement o f disputes.—Disputes are to be settled by the compensation commis
sioners. Appeals from findings and awards of any commissioner may be made to the
superior court of the county without cost to either party.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

DELAWARE.
Date of enactment.—April 2, 1917; in effect January 1, 1918; amended, chapter 203,
acts of 1919.
Injuries compensated.—Injuries by accident arising out of^ and in course of
employment, causing disability for more than 14 days, or death within one year, and
not due to the employee’s intoxication or willful negligence or intent to injure him
self or another.
Industries covered.—All,' except agriculture and domestic service, in which five
or more persons are employed, unless contrary election is made.
Persons compensated.—Private employment: All persons under contract for hire
for a valuable consideration except casual employees not in the regular course of the
trade or business of the employer, and outworkers. Public employment: Not
included.
Burden of payment.—All on the employer.
Compensation in case of death:
(a) Funeral expenses, not exceeding $100.
(b) To the widow or widower alone, 25 per cent of the wages of the deceased
employee; if ore child, 40 per cent, and 5 per cent for each additional
child; not over 60 per cent m all. If one or two orphan children, 25 per
cent, and 10 per cent for each additional child, the total not to exceed
60 per cent. If none of the foregoing, and a dependent parent or
parents survive, 20 per cent; if no parents, to dependent brothers or
sisters, 15 per cent for one, with 5 per cent for each additional, the total
not to exceed 25 per cent. Aliens (v/idows and children only) receive
one-half the above amounts.
Payments are for a period of 285 weeks, nrinusany disability benefits paid
the injured person prior to his death, but cease on the death of a bene
ficiary, the remarriage of a widow or widower, or on a child attaining the
age of 16 years.; but orphan children or those abandoned by the surviv
ing parent continue to receive benefits until the age of 16, regardless osf
the limitation of 285 weeks. Shares lapsing are redistributed.
Wages used in computing death benefits shall be reckoned as not less than
$10 nor more than $30 per w^eek.
Compensationfor disability*:
(а) Medical and surgical aid as may be reasonably required during the first
14 days, unless refused by the employee, but not to exceed $75.
(б) For total disability, for the first 475 weeks, 50 per cent of the injured
person’s wages, not more than $15 nor less than $5 per week, unless the
wages were less than $5, when full wages shall be paid, the total not to
exceed $4,000.
(c) For partial disability, 50 per cent of the wage loss, not more than $15 per
week, for not more than 285 weeks; for specified injuries, 50 per cent
of the wages for fixed periods, in lieu of all other payments, the amount
to be not more than $15 nor less than $5, per week, unless the wages
were less than $5, when the full wages shall be paid.
Periodical payments may be commuted to lump sums on the application
of either party, with due notice to the other.
Revision of benefits.—On application of any party in interest, but not oftener
than once in six months, a review of awards may be had and changes made as the
condition of the injured person or the status of beneficiaries may warrant.
Insurance.—Insurance is required in an approved organization, unless adequate
proof of the employer’s financial ability to meet obligations is furnished.
Self-insurers may be required to give bond or make a deposit to secure the payment
of liabilities.
Security of payments.—Policies must inure directly to the benefit of the person
entitled to compensation. Payments have the same priority as wage debts, and are
not subject to assignment or execution.
Settlement of disputes.—Disputes are settled by the State industrial accident board,
subject to appeal to the courts, to be tried without the aid of a jury.

w o r k m e n ’ s COMPENSATION LAWS OF THE UNITED STATES.

DISTRICT OF COLUMBIA.
Date of enactment.—July 11, 1919; in effect July 1, 1919.
This act extends the provisions of the act compensating civil employees of the
United States to “ employees of the government of the District of Columbia so far
as they may be applicable,’ ’ except pensionable members of the police and fire
departments. For analysis, see page 67.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

HAWAII.
Date of enactment.—April 28, 1915; in effect July 1, 1915; amended, act No. 227,
acts of 1917.
Injuries compensated.—Personalinjury by accident arising out of and in course of
employment, including #occupational diseases, causing disability for more than
seven days or death within six months, and not due to the employee’s intention to in
jure himself or another or to his intoxication.
Industries covered.—All public and all industrial employment for pecuniary gain.
Persons compensated.—Private employment: All persons under contract of employ
ment or apprenticeship, other than casual employees, whose pay does not exceed
$36 per week. Public employment: All except elective officials and employees who
receive salaries in excess of $1,800 per year.
Burden o f payment—All on employer.
Compensation for death:
(a) $100 funeral expenses.
(b) 40 per cent of the average weekly wages to widow or dependent widower
alone, 50 per cent if one or two dependent children, 60 per cent if three or
more;#30 per cent to one or two orphans, 10 per cent additional for each
child in excess of two* total not to exceed 50 per cent. If ro consort or
child, but other dependents, 25 to 40 per cent.
(c) Payments to widow cease on death or remarriage, and to widower on ter
mination of disability or remarriage; to child on reaching age of 16,
unless incapable of self-support, when they may continue to 18; to
other beneficiaries, on termination of disability; no payments except
to children to continue longer than 312 weeks. Basic wages not less than
$5 nor more than $36 weekly.
Compensationfor disability:
(а) Reasonable surgical, medical, and hospital services during disability,
not exceeding $150 in amount.
(б) For total disability, 60 per cent of weekly wages, $3 minimum, $18 maxi
mum, for not longer than 312 weeks; total not to exceed $5,000. If
wages are less than $3, full wages will be paid unless disability is per
manent, when $3, will be paid.
(c) For partial uisability, 50 per cent of wage decrease, $12 maximum, not
over 312 weeks, total not to exceed $5,000. Fixed awards are made
in lieu of all other payments for specified injuries.
Payments may be commuted to ore or more lump sums in any case.
Revision of benefits.—Agreements or awards may be reviewed at any time, but
not oftener than once in six months.
Insurance.—Privrte employers must carry insurance, secure guaranty insurance,
deposit security, or furnish proof of financial ability to make payments.
Security oj payments.—Payments%are preferred claims, the same as wage debts.
Employees have direct recourse to insuring company; insolvency of employer does
not release insurer.
Settlement o f disputes.—Industrial accident boards for each county with aid of a
committee of arbitration, if desired by either party; appeals to courts.

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

IDAHO.
Date of enactment.—March 16, 1917; in effect January 1, 1918.
Injuries compensated.—Injury by accident arising out of and in course of employmentj not due to the employee’s willful intention to injure himself or another or to his
intoxication, causing death within two years, or disability for more than seven days.
Industries covered.—Compulsorily, all public employment and all private employ
ment carried on by the employer for pecuniary gain, except agricultural and domestic
service and employment by charitable organizations. Exempted industries may
come under the act by written agreement of both parties.
Bersons jcompensated. Private employment: All employees except casual, out
workers, persons earning more than $2,400 per annum, and members of the’employer’s
family dwelling in his house. Public employment:^ All except those receiving
salaries in excess of $2,400 per annum and elected officials.
Burden o f payment.—All on employer; but provision may be made for employees to
contribute to a hospital fund.
Compensationfo r death:
(a) Burial expenses not to exceed $100.
(b) To a dependent widow or widower alone, 45 per cent of the employee’ s av
erage weekly wages; if a child or children, 55 per cent. Orphan children
receive 25 per cent if one, and 10 per cent additional for each child more
than one, the total not to exceed 55 per cent. To a dependent parent or
parents, any sum not paid to the foregoing, the total not to exceed 55 per
cent of the weekly wages; or if none of the foregoing dependents, 25 per
cent to one dependent parent or 20 per cent to each if both are dependent .
Also other dependents may receive benefits within the 55 per cent limits,
if any sum remains.
(c) If there are no dependents, the employer shall pay $1,000 into the industrial
administration fund.
(d) No payment shall extend beyond 400 weeks, and shall terminate on the death
or remarriage -of a widow or widower, on a child reaching the age of 18
unless incapable of self-support, or on a parent or grandparent ceasing to
be dependent. Benefits terminating before the end of 400 weeks may be
reapportioned.
Death benefits may not exceed $12 per week nor be less than $6, or the
actual weekly earnings if less than $6. Alien dependents receive only 50
per cent of the above compensation.
Compensation for disability:
(a) Seasonable medical, surgical, and hospital service, and crutches and appa
ratus as may be required or requested at the time of the injury and for a
reasonable period thereafter.
(b) For total disability, 55 per cent of the injured person’s wages, not less than $6
nor more than $12 for400weeks, and $6 per week thereafter. For temporary
disability the benefits shall not exceed wages, but for permanent dis
ability they shall not fee less than $6.
(c) For partial disability, 55 per cent of the wage loss for not more than 150 weeks;
schedule for designated permanent partial disabilities, ranging from 3 to
200 weeks, in lieu of other payments.
Lump-sum settlements may be approved for part or all the benefits, for
either disability or death.
Revision o f benefits.—Agreements or awards m$y be reviewed on the application of
either party, but not oftener than once in six months.
Insurance.—Employers must insure in the State insurance fund or deposit satis
factory security or surety bond to guarantee payments.
Security o f payments.—Policies of insurance in the State fund and all guaranty con
tracts must provide that the employee may have direct recourse thereto, and the
insolvency of the employer is no release of his surety. Benefits have the same priority
as wage payments, and are exempt from assignment, attachment, etc.
Settlement o f disputes.—The act is administered by an industrial accident board.
Agreements between employers and employees must be approved by this board. On
failure to agree, a committee of arbitration must be formed, whose award is valid unless
a review by the board is requested within 30 days. A limited appeal from the findings
of the board may be taken to the courts.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAY/S.

ILLINOIS.
Date of enactment.—June 10, 1911; in effect May 1, 1912. New act, June 28, 1913;
in effect July 1, 19lS; amended June 28,1915, May 31, June 25, 1917, June 28, 1919.
Injuries compensated.—Accidental injuries arising out of and in the course of employ
ment causing permanent disfigurement, disability of over six working days, or death.
Industries covered.—Public employment; private employments (enumerated list),
and all enterprises in which the law requires safety devices. Other employers may
elect, but forfeit no defenses if they do not.
Persons compensated.—Private employment: All employees except those not
engaged in the usual trade, etc., of the employer. Public employment: All persons
employed by the State, county, municipality, etc., except officials.
Burden o f payment.—Entire cost rests on the employer.
Compensation for death:
( a) To persons wholly dependent, a sum equal to four years’ earnings, not less than
$1,650 (to a widow with one child under 16, $1,750, and if two or more
children, $1,850), nor more than $3,500 (to a widow with one child under
16, $3,750, and if two or more children, $4,000).
(b) If only dependent collateral heirs survive, such percentage of the above sum
as the support rendered during the last two years was of the earnings of
the deceased.
(c) If no dependents, a burial benefit not exceeding $150.
Compensation for disability:
(а) Medical and surgical aid for not over eight weeks, and not over $200 in value;
also necessary hospital, medical and surgical aid during the period for
which compensation may be payable.
(б) For total disability beginning with eighth day second day if permanent), a
weekly sum equal to 50 per cent of the employee’s earnings, $7 minimum,
$12 maximum, during disability or until payments equal a death benefit ;
thereafter, if the disability is permanent, a sum annually equal to 8 per
cent of a death benefit, but not less than $10 per month.
(c) For permanent partial disability, 50 per cent of the loss of earning capacity,
but not more than $12 per week.
(d) For certain specified injuries (mutilations, etc.), a benefit of 50 per cent of
weekly wages for fixed periods, in addition to temporarv total disability
payments.
(e) The basis of 50 per cent shall be increased 5 per cent for each child under 16
years of age, the maximum to be 65 per cent. The minimum sum of $7
per week is to be increased $1 for each such child, the total not to exceed
$10. The maximum weekly payment of $12 is to be increased $1 per
week for each such child, the total not to exceed $15. ^
(/) For serious and permanent disfigurement, not causing incapacity and not
otherwise compensated, a sum not exceeding one-fourth the death benefits.
No payments are to extend beyond eight years, except in case of permanent
total incapacity.
Lump-sum payments for either death or disability may be substituted by
the industrial board for periodic payments.
Revision of benefits.—Medical examination may be had not oftener than every four
weeks. The industrial board may, on request, review installment payments within
18 months after the award or agreement thereon.
Insurance.—The employer must insure, furnish proof of ability to pay, or make other
provision for security of payment; or he may maintain a benefit system, but may not
reduce his liability under the act.
Security of payments.—In case of insolvency, awards constitute liens upon all
property of the employer within the county, paramount to all other claims, except
wages, taxes, mortgages, or trust deeds. Exempt from garnishment, attachment, or
execution.
The rights of an insolvent employer to insurance indemnities are subrogated to
injured employees.
Settlement of disputes.—Disputes are determined by the industrial commission
through an arbitrator or arbitration committee, subject to review by the board.
Questions of law may be reviewed by the courts.

w o r k m e n ’s c o m p e n s a tio n la w s o f t h e u n it e d s t a t e s .

INDIANA.
Date o f enactment.—March 8, 1915; in effect September 1, 1915; amended, chapters
63, 81, 165, acts of 1917, chapters 57, 71, acts of 1919.
Injuries compensated.—Personal injury causing disability for more than seven days,
or death within 300 weeks by accident arising out of and in course of employment,
not due to willful misconduct, intention to injure self, intoxication, or willful failure
or refusal to use safety appliance or perform duty required by statute.
*
Industries covered.—All except interstate and foreign commerce, for which Federal
laws make provision, railroad employees engaged in train service, and domestic and
agricultural labor, unless employer makes contrary election; compulsory as to State
and its municipalities, and corporations engaged in mining coal.
Persons compensated.—Private employment: All employees and contractors’
employees engaged upon the subject matter of the contract; employees whose work
is casual and not in the usual course of the employer’s business are excepted. Public
employment: All employees.
Burden o f payment.—All on employer.
Compensation for death:
(а) $100 for funeral expenses, if death from the injury occurs within 300 weeks.
(б) 50 per cent of weekly wages to persons wholly dependent; to those partially
dependent, amounts proportionate to decedent’s contributions to their
support. The term of payment is limited to 300 weeks from the receipt
of the injury.
(c) Payments cease on remarriage of widow or dependent widower, or on children
attaining the age of 18 years, unless mentally or physically disabled for
earning. Wages are to be considered as not above $24 nor less than* $10
weekly, no total to exceed $5,000.
Compensation for disability:
(a) Medical and hospital services for first 30 days, and longer at option of employer;
industrial board may extend period 30 days; employees must accept unless
otherwise ordered by industrial board.
(b) For total disability, 55 per cent of wages for not more than 500 weeks.
(c) For partial disability, 55 per cent of wage loss for not more than 300 weeks.
(d) For certain specified injuries, 55 per cent of wages for designated periods
ranging from 10 to 250 weeks in lieu of all other payments; for permanent
disfigurement impairing opportunity or usefulness, benefits for not over
200 weeks.
Wage basis and total amounts are limited as for death benefits.
In unusual cases payments may be commuted to a lump sum after 26 weeks.
Revision o f benefits.—Awards may be reviewed at any time by industrial board on *
its own motion or the request of either party, but without retroactive effect.
Insurance.—Required unless satisfactory proof of financial ability to meet payments
is furnished.
Security o f payments.—Contracts of insurance must inure directly to the benefit of
the person entitled to payments under an award. Payments have same preference
and priority as unpaid wages, and are exempt from claims of creditors.
Settlement o f disputes.—Disputes are determined by the industrial board, with
appeal to courts on questions of law.

ANALYSIS OF PRINCIPAL FEATURES OP THE LAWS.

IOWA.
Date of enactment.—April 18, 1913; in effect July 1, 1914. Amended, chapters 188,
270, 336, 409, 418, acts of 1917; chapter 220, acts of 1919.
Injuries compensated.—All personal injuries arising out of and in the course of the
employment causing disability for more than two weeks, or death, except when
caused by the injured employee’s willful intention to injure himself or another, or
by the intoxication of the employee.
Industries covered.—All industries, except agriculture and domestic service, in
absence of contrary election by employer. Compulsory as to the State and its
municipal ities.
Persons compensated.—Private employment: All employees in industries covered in
absence of contrary election, except clerks not subjected to the hazards of the industry
and casual employees, or those not employed for the purpose of the employer’s trade
or business. Public employment: All except policemen and firemen entitled to
benefits from pension funds.
Burden of payment.—Entire burden is on employer.
Compensation for death:
(а) Reasonable expenses of the employee’s last sickness and burial,'not to exceed
$100.

(б) To persons wholly dependent, a weekly payment equal to 60 per cent of the
wages of the deceased employee, but not more than $15 nor less than $6
per week, for 300 "weeks.
(c) If only partial dependents survive, such a proportion of the above as the
amounts contributed by the employee to such paitial dependents bear to
his annual earnings.
(d) If the employee was a minor whose earnings were received by the parent, a
sum to the parent equal to two-thirds of the amount provided for persons
wholly dependent.
If the spouse dies during the compensation period, the unpaid balance goes
to other dependents, if any; if she remarries, and there are no dependent
children, payments cease.
Compensation for disability:
(а) Reasonable surgieai, medical, and hospital services and supplies for first four
weeks, not exceeding $100 and $100 additional in exceptional cases.
(б) For temporary total disability, 60 per cent of waees, not more than $15 nor
less than $6 (unless wages are less than $6, tl en full wages), for not more
than 300 weeks.
(c) For permanent total disability, the same compensation as for temporary
disability, to be paid for a period of not more**than 400 weeks.
(d) For permanent partial disability (specified maimings), 60 per cent of average
weekly wages for fixed periods, beginning with the date of injury. Pay
ments under (b) and (c) for the fifth, sixth, and seventh weeks are 100
per cent of the weekly earnings, if the disability continues during these
periods, respectively.
Lump-sum payments may be substituted in any case where the term can be
determined, on approval of the industrial commissioner and an order by the
court.
Revision of benefits.—Payments may be reviewed by the industrial commissioner at
the request of either party.
Insurance.—Employers must insure in approved companies or mutual associations,
or furnish satisfactory proof of financial ability to make payments, or deposit security
with the State insurance department; or they may maintain approved substitute
schemes, provided there is no diminution of benefits.
Security of payments.—In case of insolvency of the insurer a claim for compensation
becomes a first lien, and in case of legal incapacity of insured to receive the amount
due, the insured must settle directly with the beneficiary.
Settlement of disputes.—Disputes may be settled by committees of arbitration, with
the industrial commissioner as chairman; limited appeal to courts.
177982°— 21—Bull. 272------3

WOBKMB.N’S COMPJBHSAXIO# I*A.WS OS' THE UNITED STATES.

KANSAS.
Date of enactment.—March 14,1911; in effect January 1,1912; amended, chapter 21 6.
acts of 1913; chapter 226. acts of 1917; chapter 222, acts of 1918.
Injuries compensated.^Injuries by accident arising out of and in the course of em
ployment, not due to intoxication or deliberate intention of injured employee, or
caused by his willful failure to use safeguards provided by statute or furnished by
employer, causing incapacity to earn full wages for at least one week, or death.
Industries covered.—Railways, factories, quarries, electrical, building or engineering
work, laundries, natural-gas plants, county and municipal work, employments requir
ing the use of dangerous, explosive, or inflammable materials, if employing five or
more persons; and mines, without reference to the number of employees, all in absence
of contrary election; employers in other industries and those employing less than five
persons may also elect.
Persons compensated.—Private employment: All employees, including apprentices,
but excluding those employed otherwise than for the purpose of the employer’s
business. Public employment: Workmen on county and municipal work.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
(a) To persons wholly dependent, a sum equal to three years’ earnings of
the deceased employee, not less than $1,400 nor more than $3,800. For
nonresident alien beneficiaries (except in Canada) the maximum is $750.
(b) If only partial dependents survive, a sum proportionate to the injury to
such dependents.
(c) If no dependents are left, a reasonable expense for burial, not exceeding $150.
7 Compensation ceases upon the marriage of any dependent, or when a minor,
not physically or mentally incapable of wage earning, shall become 18
years of age.
Compensation for disability:
(a) On demand, medical, surgical, and hospital treatment, not over $150 in
value, for not more than 50 days.
(b) For total incapacity, payments during incapacity after the first week, equal
to 60 per cent of earnings, but not less than $6 nor more than $15 per
week.
(c) For partial incapacity, 60 per cent of wage loss during incapacity, after the
first week. Lump sums equal to 50 per cent of the wages for specified
periods are to be paid for designated injuries, in lieu of all other compen
sation.
No payments for total or partial disability shall extend over more than eight
years.
After six months, lump-sum payments may be substituted at the employer’s
option, the sum to be agreed upon or determined by the court; or the
workman may apply for a lump-sum settlement at any time.
Revision of benefits.—Any award may be modified at any time Tby agreement, or
either party may demand a revision.
Insurance.—The employer may insure in any approved insurance scheme which
provides compensation not less favorable than is provided in this act.
Security of payments.—Lump sums awarded by the court may be secured by order
of the court by a good and sufficient bond when there is doubt of security of payment.
If the employer was insured the insurer shall be subrogated to the rights and duties
of the employer. Claims,and awards are not assignable or subject to execution, etc.
Settlement of disputes.—Disputes not settled by agreement may be Teferred to arbi
trators subject to an appeal to courts.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

KENTUCKY.
Date of enactment.—March 23,1916; in effect August 1,1916; amended, ch. 176,1918.
Injuries compensated.—Personal injuries by accident arising out of and in course
of employment, causing incapacity for more than seven days, or death within two
years, not self-inflicted, or due to intoxication or willful misconduct. Results of pre
existing diseases are not included.
Industries covered.—All except domestic service and farm labor where three or more
persons are employed; excepted industries may become subject to the act by joint
application by employers and employees.
Persons compensated.—Private employment: All employees in establishments com
ing under the act, if the employees elect. Public employment: All employees of
municipalities coming under the act, if the employees elect.
Burden of payment.—All on the employer.
Compensation for death:
(a) Reasonable burial expenses, not to exceed $75.
(b) To persons wholly dependent, 65 per cent of the average weekly earnings,
not more than $12 nor less than $5 per week, for 335 weeks, the total not
to exceed $4,000.
If only partial dependents survive, a proportion of the amount for total de
pendency, determined by the degree or dependence.
(d) If no dependents, $100, payable to the personal representative.
Payments to a widow or widower cease on remarriage and to a child on reach
ing the age of 16, unless incapacitated for wa^e earning.
Payments thus terminated go to other beneficiaries, if any.
Compensation for disability:
(а) Medical, surgical, and hospital aid for 90 days, unless another period is fixed
by the board, the cost not to exceed $100.
(б) For total disability, 65 per cent of average weekly wages, not more than $12
nor less than $5, for eight years, total not to exceed $5,000.
(c) For-partial disability, 65 per cent of the weekly wage loss, not to exceed $12,
for not more than 335 weeks, total not to exceed $4,000.
Compensation periods are fixed for special injuries, in lieu of other payments.
Lump-sum awards may be made after six months if approved by the board.
Revision of benefits.—Review may be had on the request of either party or on the
motion of the board, changing or revoking any previous order.
Insurance.—Employers accepting the act must insure in a stock or mutual company
or the State Employees’ Insurance Association, or give proof of financial ability to
pay compensation direct.
Security of payments.—Insurance policies must provide for direct liability to the
beneficiaries. Self-insurers must furnish bond or other security. Benefits have the
same priority as wage debts and are not subject to assignment or attachment.
jSettlement of disputes.—Disputes are settled by the workmen’s compensation board,
or a member thereof, or a referee appointed by it; limited appeal to courts.

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 st ate s .

LOUISIANA.
Date of enactment.—June 18, 1914; in effect January 1, 1915; amended, Nos. 38,
39, 1918.
Injuries compensated.—Personal injury by accident arising out of and in course of
employment causing disability for more than 2 weeks, or death within 1 year, and
not due to willful intention to injure, to intoxication, to deliberate failure to use
safeguards, or to deliberate breach of safety laws.
Industries covered.—Hazardous trades, businesses, or occupations in absence of con
trary election; extensive list, and others may be so adjudged or brought within the
act by voluntary agreement. Compulsory as to employees of the State and its munici
palities and public boards.
Persons compensated.—Private employment: Every person performing services
arising out of and incidental to his employer’s trade, business, or occupation, if the
same is within the act. Public employment: Every person in the service of the
State, etc., except officials.
Burden of payment.—All on employer.
Compensation for death:
(a) $100 expenses of burial.
(b) To widow or dependent widower alone, 25 per cent of weekly wages, 40 per
cent if 1 child, and 55 per cent if 2 or more. If 1 child alone, 25 per cent,
40 per cent for 2, and 55 per cent for 3 or more. For 1 dependent jftrent,
25 per cent; for 2, 55 per cent; if 1 brother or sister, 25 per cent and 10 per
cent additional for each other. The total in no case may exceed 55 per
cent of the weekly wages, $3 minimum payment, $16 maximum, for not
over 300 weeks. Payment to any beneficiary ceases on death or marriage,
to children on reaching the age of 18, unless mentally or physically
incapacitated.
Compensation for disability:
(a) Reasonable medical, surgical, and hospital services, not to exceed $150 in
value.
( b) For total disability, 55 per cent of the weekly wages, $16 maximum, $3 mini
mum, unless the wages are less than $3, then full wages, for not more than
400 weeks.
(c) For partial disability, 55 per cent of the wage loss, for not more than 300
weeks.
(d) Fixed schedule for specified injuries, for periods from 10 to 200 weeks, in lieu
of other payments. Payments in any case may be commuted to a lump
sum on agreement of the parties and approval by the courts.
Revision of benefits.—Judgments may be modified at any time by agreement of the
parties and approval by the courts; or after 1 year, they may be reviewed by the
court on application of either party.
Insurance.—Not required.
Security of payments.—Policy of insurance must give claimants right to direct
payment regardless of the default or bankruptcy of the employer. Compensation
payments have the same preference as wage debts.
Settlement of disputes.—Disputes are settled by judges of the courts in simple,
summary procedure.

ANALYSIS OF PRINCIPAL FEATURES OF. THE LAWS.

MAINE.
Date of enactment.—April 1,1915; in effect January 1, 1916; reenacted April 4, 1919.
Injuries compensated.—Injury sustained in course of employment, causing disability
for more than 10 days, or death, not due to willful intention to injure himself or another,
and not due to intoxication unless fact or habit of intoxication was known or cogni
zable to employer.
Industries covered.—All except agricultural and domestic labor, logging, and seamen
in interstate or foreign commerce, in which more than five persons are employed, if
employer elects. Abrogation of defenses does not affect cutting, hauling, driving, or
rafting of logs.
Persons compensated.—Private employment: All persons in industries covered,
employees whose work is casual or not in the usual course of the employer’s business ex
cepted. Public employment: Employees of the State, cities, and counties, and of
towns accepting the provisions of the act, other than officials; but cities and towns
may continue injured firemen on the pay roll at full pay, in lieu of compensation.
Burden of payment.—All on employer. If employees contribute to substitute
scheme, additional proportionate benefits must be paid.
Compensation for death:
(а) To persons wholly dependent, 60 per cent of weekly wages for 300 weeks, $6
minimum, $15 maximum, not over $3,500 in all.
(б) If only partial dependents survive, amounts proportionate to the relation of
the contribution paid by deceased, and his average wage, for 300 weeks.
(c) If no dependents, not above $200 expenses of last sickness and burial.
Payments to children cease at age of 18 unless mentally or physically inca
pacitated for earning a living.
Compensation for disability:
(a) Reasonable medical and hospital service during first 30 days of disability,
not over $100 in value, unless by agreement or order of commission a longer
period or larger amount is provided for.
(b) For total disability, 60 per cent of the wages for not more than 500 weeks, $6
minimum, $15 maximum, total not to exceed $4,200.
(c) For partial disability, 60 per cent of the weekly wage loss, not over $15, for
not more than 300 weeks. For specified injuries causing permanent
partial disability, 60 per cent of the wages for various fixed periods, then
compensation on basis of wage loss, if any, for not more than 300 weeks in all.
Lump-sum payments may be approved by the commission after weekly pay
ments for not less than six months.
Revision of benefits.—Agreements or awards may be reviewed at the instance of
either party at any time within two years.
Insurance.—Insurance in approved companies is required unless the employer gives
satisfactory proof of solvency and makes deposit or bond to secure payments.
Security of payments.—Claims have same preference over unsecured debts as do
wages for labor.
Settlement of disputes.—Disjmtes are to be settled by the industrial accident com
mission, with appeal to courts on question of law.

WORKM EN’s COMFBKSAIiOJJ LAWS OF THE CNlTliJ) STATES.

MARYLAND.
Date o f enactment.—April 16, 1914; in effect November 1, 1914; amended, special
session, chapter 6, ,1917, chapters 86, 368, 379, 597, 713, acts of 1916.
Injuries compensated.—Accidental personal injury arising out of and in course of
employment, not due to willful intention or intoxication, and causing disability for
more than two weeks or death within two years.
Industries covered.—Extrahazardous (enumerated list); others by joint election of
employers and employees. Farm and domestic labor, country blacksmiths and wheel
wrights are excluded.
Persons compensated.—Private employment: All industries covered, except casual
employees and those receiving more than $2,000 annually. Public employment:
Workmen employed for wages in extrahazardous work, unless the municipality makes
other equal or better provision.
Burden o f payment.—All on employer.
Compensation for death:
(a) Funeral expenses, not over $75.
(b) To persons wholly dependent, 50 per cent of the weekly wages for eight years;
not more than $4,250 nor less than $1,000.
(c) To persons partly dependent, 50 per cent of the weekly wages for such portion
of eight years as the commission may fix, the amount not to exceed $3,000.
(d) If no dependents, funeral expenses only.
(e) Payments to widow cease on remarriage, and to children on reaching the age
of 16 years, unless mentally or physically incapacitated.
Compensation for disability:
(a) Medical, surgical, etc., expenses, not-above $150 in value.
Ib) For total disability, 50 per cent of weekly wages, $5 minimum, $12 maximum,
during its continuance, total not to exceed $5,000. If wages are less than
$5, full wages will be paid.
(c) For partial disability, 50 per cent of weekly wage loss, $12 maximum, total
not over $3,000; specific periods for specified maimings, in lieu of other
payments.
Where the injured employee is a learner, with prospect of increase of wages,
this fact may be considered in fixing awards. *
Payments may, in the discretion of tne commission, be made in part or in
whole in lump sums.
Revision o f benefits.—??he commission may modify its findings and orders at any
time for justifiable cause.
Insurance.—Insurance in State fund, stock or mutual company, or proof of finan
cial ability, is required.
Security of payments.—Policies must permit action by commission to secure pay
ments to any person entitled. Payments may not be assigned, nor are they subject
to execution or attachment.
Settlement of disputes.—Disputes are to be settled by the industrial accident com
mission with appeal to courts.

ANALYSE OF PRINCIPAL FEATURES OF THE LAWS.

MASSACHUSETTS.
Date o f enactment.—July 28, 1911; in effect, July 1, 1912; amended, chapters 571,
acts of 1912; 48, 448, 568, 696, 746, acts of 1913; 338, 708, acts of 1914; 123, 275, 314,
acts of 1915; 72, 90, acts of 1916; 198, 249, 269, acts of 1917; 113,119, acts of 1918; chap
ters 197, 198, 204, 205, 226, 272, 299, acts of 1919.
Injuries compensated.—-Injuries arising oat of and in the course of employment
causing incapacity for 10 days, or death, unless the injury is due to the serious and
willful misconduct of the injured employee.
Industries covered.—All industries except farm labor and domestic service. Ex
empted employments may come under the act if the employer so elects.
Persons compensated.—Private employment: All employees, except masters of ves
sels and seamen engaged in interstate or foreign commerce and employees whose work
is not in the usual course of the employer’s business, where the employer is an insurer
under this act. Public employment: The State shall, and any county, city, town, or
district having power of taxation and accepting the act may, compensate its laborers,
workmen, and mechanics.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
(a) The reasonable expense of burial, not exceeding $100. If dependents survive,
this sum shall be deducted from the compensation payable.
(b) To persons wholly dependent, a .weekly payment equal to two-thirds the
average weekly wages of the deceased employee, but not less than $4 nor
more than $10, for a period of 500 weeks, the total not to exceed $4,000.
(c) If only partial dependents survive, a sum proportionate to Hie portion of
earnings contributed to their support by the deceased employee. Children
cease to be dependents at 18 (16 if living apart from parent legally bound
to render support), unless mentally or physically incapacitated from earning
a living.
Compensation for disability:
(a) Reasonable medical and hospital services, and medicines as needed, for the
first two weeks after injury, and in unusual cases for a longer period, in the
discretion of the board.
(b) For total disability, a sum equal to two-thirds the average weekly wages,
but not less than $7 nor more than $16 per week, not exceeding 500 weeks,
nor $4,000 in amount.
(c) For partial disability, two-thirds the wage loss, but not to exceed $16 per
week, nor $4,000 in amount.
(d) In specified injuries (mutilations, etc.), two-thirds the weekly wages, not
exceeding $10 nor less than $4 per week, for fixed periods, in addition to
other compensation.
Lump-sum payments may be substituted in whole or part, after pay
ments ior injury or deatn have been made for not less than six months.
Revision o f benefits.—Either party may demand a revision of payment-at any time.
Insurance—Employers under the act must subscribe to the State employees’ insur
ance association or insure in some authorized company,
Security o f payments.—Payments are not subject to assignment, attachment, or
execution.
Settlement o f disputes.—Disputes are decided primarily by a member of the indus
trial accident board, whose decision is subject lo review by the board, with limited
appeal to the courts.

w o rk m e n ’ s; co m p en sa tio n la w s o f t h e u n ite d s t a t e s .

MICHIGAN.
Date of enactment.—March 20,1912; in effect September 1,1912; amended, Nos. 50,
79, 156, 259, acts of 1913; Nos. 104, 153, 170, 171, acts of 1915; Nos 41, 206, 235, 249,
acts of 1917; Nos. 64, 110, acts of 1919.
Injuries compensated.—Injuries causing incapacity to earn full wages for a period of
one week, or death, arising out of and in the course of employment, unless such injuries
resulted from intentional and willful misconduct of the injured person.
Industries covered.—Compulsory as to the State and its municipalities, and each
incorporated public board and commission authorized to hold property and to sue
and be sued. All industries having one or more persons in service under contract of
hire if the employer elects.
Persons compensated.—Private employment: All employees, including aliens and
minors legally permitted to work. Public employment: All employees except
officials of the State or of a municipality.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
(а) To persons wholly dependent, a weekly payment equal to 60 per cent of the
deceased workman’s average weekly wages, but not less than $7 nor more
than $14 per week for a period of 300 weeks.
(б) If only partial dependents survive, such proportion of the above as the amount
of previous contributions bears to such earnings.
(c) If no dependents, the reasonable expense of the last sickness and burial, not
exceeding $200 in addition to any medical services.
Payments to children cease at 16, unless mentally or physically incapacitated
from earning.
Compensation for disability:
(a) Reasonable medical and hospital services for the first 90 days after injury.
(b) For total incapacity, a weekly payment equal to 60 per cent of the earnings,
but not less than $7 nor more than $14 per week, nor for a period longer than
500 weeks from the date of the injury, and not exceeding $6,000.
(c) For partial incapacity, a weekly payment equal to 60 per cent of the wage loss,
but not more than $14 per week, and for not longer than 500 weeks.
(d) For certain specified injuries (mutilations, etc.), 60 per cent of the average
weekly earnings for fixed periods, in lieu of other payments.
Payments begin with the eighth day after the injury, but if the disability
continues for six weeks or longer, compensation is computed from the date
of injury.
After six months lump sums may be substituted for weekly payments.
Revision of benefits.—Weekly payments may be reviewed by the industrial accident
board at the request of either party.
Insurance.—Employer must furnish proof of financial ability to pay the required
compensation, or insure in an authorized employers’ liability company, or in an em
ployers’ insurance association organized under State laws, or become a member of a
State insurance fund administered by the State commissioner of insurance.
Security of payments.—In case of insolvency, claims constitute a first lien upon alt
property of the employer. Employers must furnish proof of financial ability to pay
compensation, or insure in approved companies or with the State.
Settlement of disputes.—Either party may request the industrial accident board to
appoint a committee of arbitration, whose decisions are subject to review by the board
The supreme court may review questions of law.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

MINNESOTA.
Date o f enactment.—April 24, 1913; in effect October 1, 1913; amended, chapters
193, 209, acts of 1915; chapters 302, 351, acts of 1917; chapters 176, 185, 354, 356,358,
363, 367, 416, 439, 442, 508, acts of 1919, and chapter 44, special session, 1919.
Injuries compensated— Injury by accident arising out of and in the course of em
ployment causing disability for more than one week, or death, unless intentionally
caused, or due to the intoxication of the injured person.
Industries covered.—All excepting common carriers by steam railroad and farm and
domestic service, in the absence of contrary election by employers.
Persons compensated.—Private employment: All employees, including aliens and
minors lawfully employed, in the absence of contrary election, employees whose work
is casual and not in the usual course of the employer 's business excepted. Public
employment: Included, except employees of State, those elected or appointed for
regular terms, and employees of cities whose charters provide for compensation.
Burden of payment.—Cost rests upon the employer, except that upon agreement
with employee contributions may be required.
Compensation for death:
(a) $100 funeral expenses.
(b) To a widow alone, 40 per cent of monthly wages of deceased, increasing to 66J
per cent if four or more children; 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 of 66§ per cent; if none of the above,
35 per cent to one parent and 45 per cent if both survive; if none of the
foregoing, to other relatives wholly dependent, if but one, 30 per cent, or if
more than one, 35 per cent, divided equally.
Widows, on remarriage, receive in lump sum one-half the unpaid compensa
tion.
(c) If only partial dependents survive, that proportion of benefits provided for
actual dependents which contributions bore to wages earned.
(d) When no dependents are left, expense of last sickness and burial.
Maximum weekly compensation $15, minimum $6.50.
Payments continue for not over 300 weeks, and cease when a child reaches the
age of 18, unless physically or mentally incapacitated, and upon the death or
marriage of other dependents unless otherwise specified.
Compensation for disability:
(a) Reasonable medical and surgical treatment, not exceeding 90 days nor $100
in value, unless ordered in exceptional cases, when $200 is the limit.
(b) For temporary total disability, 66f per cent of wages for not over 300 weeks.
(c) For permanent total disability, 66$ per cent of the wages for 550 weeks, but
not more than $6.50 per week after 400 weeks.
(d) For temporary partial disability, 66f per cent of wage loss, not over 300 weeks.
(e) For specified permanent partial disability (mutilations, etc.), 66J per cent of
the earnings for fixed periods, in lieu of other payments, maximum of 400
weeks; for other permanent partial disabilities, not over 300 weeks.
Payments for disability may not be more than $15; nor may they be less than
$6.50, unless the wages were less than $6.50, then full wages.
Lump sums must be substituted for periodical payments, but in case of death,
permanent total disability, or certain maimings, the consent of the court
must be obtained.
Revision of benefits.—After six months from the date of an award either party may
apply to the court for revision.
Insurance.—Employers may insure in any authorized company, stock or mutual,
or maintain cooperative schemes, assuming other and greater risks.
Security and payments.—Insured workmen have an equitable lien upon any policy
becoming due, and in case of the employer’s incapacity the insurer shall make pay
ment directly to them. Claims have same preference as unpaid wages.
Settlement of disputes.—15y judge of district court, in a summary manner, subject to
review by the supreme court as to questions of law.

WOEKMfK ’s CO M fS g§A T IO-g LAWS OF THE VittXED STATES.

MISSOURI.
Date of enactment.—April 28,1919. Effective: [Deferred by referendum.^
Injuries compensated.—Injuries by accident arising out of and in course of employ
ment causing disability for more than seven days, or death within 350 weeks, unless
due to employee’s or another’s willful misconduct, including intentional self-inflicted
injury, intoxication, or willful failure or refusal to use a safety appliance or perform a
duty required by statute or failure to obey reasonable safety rule.
Industries covei'ed.—All where employer has five or more employees, except farm
labor and domestic servants provided employer fails to reject; compulsory as to the
State and its municipalities except where the employee has rejected the act.
Employers not included may elect to accept act.
Persons compensated.—Private employment: All employees in industries covered,
including minors but excluding casual employees not engaged in the usual business
of the employer, and outworkers. Public employment: All employees except
officials of political subdivisions and those who reject act.
Burden of payment.—Entire cost rests upon the employer.
Compensationfor death:
(a) Burial expenses not to exceed $100 and if not otherwise covered, $200 for
expenses of last sickness.
(b) To total dependents, two-thirds of average annual earnings for not to exceed
300 weeks. Payments for more than one dependent child to be divided in
the discretion of the commission. If more than one person is dependent
the compensation is to be divided equally.
(c) To partial dependents according to the facts but only when there are no total
dependents.
The maximum weekly payment is to be $15 and minimum $6.
Payments to children cease at 17, unless physically or mentally incapacitated.
Compensation for disability:
(a) Such medical, surgical and hospital, etc., treatment as may be reasonably
required for first eight weeks, not exceeding $200 in value.
(b) For temporary total disability, two-thirds of wages for not over 400 weeks.
(c) For temporary partial disability, two-thirds of wage loss, for not over 200
weeks, not in excess of $12 per week.
(d) For permanent partial disability, two-thirds of wages for periods fixed by
commission, but not in excess of 400 weeks; for certain specific injuries
(mutilations, etc.), two-thirds of wages for fixed periods, in addition to
all other compensation; for disfigurement in an amount not to exceed $750.
(e) For permanent total disability, two-thirds of wages for 240 weeks, and there
after for life on basis of 40 per cent of wages.
Except where otherwise limited the maximum weekly payment is $15 per
week and the minimum $6.
No compensation is payable for the first seven days after the injury unless
disability continues for more than six weeks.
The commission may commute the compensation by the payment of a lump
sum.
Revision of benefits.—Readjustment of compensation may be made by the com
mission on its own motion or on application.
Insurance—An employer under the act must insure his liability for compensation
in an authorized insurance company ot furnish proof of ability to carry own liability.
Security of payments.—Compensation is not assignable, and is exempt from attach
ment, garnishment, and execution, and from set-off or counter claim, or any liability
for any debt, and is entitled to the same preference as claims for wages without limit
as to time or amount.
Settlement of disputes.—Disputes are decided primarily by the Missouri Workmen’s
Compensation Commission, with right of appeal to the circuit court on questions of
law\

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

.43

MONTANA.
Date of enactment.—March 8, 1915; in effect July 1, 1915. Amended, chapters 95,
100, acts of 1919.
Injuries compensated.—Injuries arising out of and in course of employment, resulting
from some fortuitous event, causing death, or disability for more than two weeks.
Industries covered.—“ All inherently hazardous works and occupations,’ ’ in which
employers elect, including manufactures, construction work, transportation, and repair
of the means thereof, but not including agricultural or domestic labor; compulsory
as to public employment.
Persons compensated.—Private employment: All persons other than independent
contractors, employed in the industries covered, whether as manual laborers or other
wise, except casual employees whose work is not in the usual course of the employer’s
business. Public employment: All employees in the industries covered.
Burden of payment.—AM on employer; employees may contribute to hospital fund.
Compensation for death:
(а) $75 for funeral expenses if death occurs within six months of injury.
(б) To beneficiaries (widow, widower, child, or children under 16, or invalid
child above 16), 50 per cent of wages of the deceased if residents of the
United States; if not, 25 per cent, unless otherwise required by treaty.
To major dependents (father or mother), in case there are no beneficiaries,
40 per cent. To minor dependents (brothers or sisters actually dependent),
if no beneficiary or major dependent, 30 per cent. Nonresident alien
dependents receive nothing unless required by treaty, nor do beneficiaries
if citizens of a Government excluding citizens of the United States from
equal benefits under compensation laws; not over 50 per cent of above rates
in any case. Term of payments may not exceed 400 weeks, $12.50 maxi
mum, $6 minimum; if wages less than $6, then full wages. Payments cease
on remarriage of widow or widower, or when child, brother, or sister reaches
the age of 16, unless an invalid.
Compensation for disability:
(a) Medical and hospital services during first two weeks after happening of
injury, not over $50 in value, unless there is a hospital contract.
(b) For temporary total disability, 50 per cent of wages during disability, $12.50
maximum, $6 minimum, unless wages are less than $6, when full wages
will be paid, for not more than 300 weeks.
(c) For permanent tetal disability, same scale as above for 400 weeks, then $5
per week while disability continues.
(d) For partial disability, 50 per.cent of the wage loss, not over $6.25 per week,
nor 75 per cent of the compensation provided for loss of the injured member;
payments to continue not more than 150 weeks for permanent cases, and
50 weeks if temporary.
(e) For specified maimings, 50 per cent of wages but not more than $12.50 per
week nor less than $6 per week unless wages are less, then full wages.
Periodical payments may be converted in whole or in part to lump sums.
jRevision of benefits.—Decisions and awards may be rescinded or amended at any
time by the industrial accident board for good cause.
Insurance.—The employer may carry his own risk on a showing of financial ability;
security may be required for probable liabilities and must be given when a continuing
payment is ascertained. Insurance may be carried in any company authorized to
do business in the State, or the employer may contribute to a State fund.
Security of payments.—In case of bankruptcy, etc., liabilities under this act are a
first lien upon any deposit made by an employer, and if this is not sufficient, then
on any property of the employer or insurer within the State, and shall be prorated
with other lienable claims.
Settlement of disputes.—By industrial accident board, with limited appeal to courts.

4 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 st a te s .

NEBRASKA.
Date of enactment.—April 21, 1913; in effect December 1, 1914. [Deferred by ref
erendum.] Amended, chapter 85, acts of 1917; chapter 91, acts of 1919.
Injuries compensated.—Injury causing disability for more than seven days, or death,
caused by accident arising out of and in the course of employment, except accident
caused by or resulting in any degree from willful negligence or intoxication.
Industries covered.—All industries where one or more persons are employed by the
employer in the regular trade, business, or occupation of the employer, except do
mestic service, agriculture, and interstate or foreign commerce, in the absence of
contrary election. Exempt employers may make an affirmative election.
Persons compensated.—Private employment: All employees, including aliens and
minors, but excluding employees whose work is but casual or not for the purpose of
gain or profit of the employer or not in the usual course of the employer’s business,
and home workers. Public employment: All persons employed by the State, or any
Government agency created by it, not elected or appointed for a regular term.
Burden of payment.—The entire cost rests upon the employer.
Compensation for death:
(a) In addition to any other benefits, a reasonable amount not exceeding $150 to
cover expenses of last sickness and burial.
(b) To persons wholly dependent, 66f per cent of the employee’s wages, but not
less than $6 nor more than $15 per week, during dependency, but not ex-,
ceeding 350 weeks; if the wages of the deceased were less than $6 per week
then full wages are to be paid as compensation.
(c) If only partial dependents survive, a proportion of the above corresponding
to the relation the contribution of the deceased to their support bore to his
wages.
Compensation to children ceases when they reach the age of 16 years, unless
they are physically or mentally incapacitated from earning.
Compensation for disability:
(a) Medical and hospital services not exceeding $200 in value.
(b) For total disability, 66| per cent of the weekly wages, but not more than $15
nor less than $6 per week for 300 weeks; thereafter, for life or while dis
ability lasts 45 per cent of such wages, but not more than $12 nor less than
$4.50 per week unless wages are less, then full wages.
(c) For partial disability, 66f per cent of loss of earning capacity, but not exceed
ing $15 p ^ week nor exceeding 300 weeks.
(d) For certain specified injuries (mutilations, etc.), 66f per cent of wages for
fixed periods in lieu of other benefits, $15 maximum, $6 minimum, unless
wages are less, then wages.
Payments begin with the eighth day, but if disability continues six weeks or
longer, compensation is computed from the date of injury.
Lump sums may be substituted for periodic payments, but if for death or
permanent disability, the approval of the court must be obtained.
Revision of benefits.—Benefits running for a period of six months or longer may be
revised at any time by agreement of the parties, with the approval of the compensa
tion commissioner, or after six months by application of either party to a court.
Insurance.—An employer under the act must insure his liability for compensation
in an authorized stock or mutual insurance company, or furnish proof of financial
ability to make payments.
Security of payments.—Insurance policies must inure directly to the benefit of bene
ficiaries and be enforceable in an action by them.
Compensation rights and awards have the same preference against the assets of the
employer as unpaid wages for labor.
Settlement of disputes.—All disputed claims must be submitted to the compensa
tion commissioner, from whose award either party may appeal to the district court of
the county, the case to be heard and determined as a cause in equity, with the right
of further appeal to the supreme court.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

NEVADA.
Date of enactment.—March 15, 1913; in effect July 1, 1913; amended, chapter 190,
acts of 1915; chapter 233, acts of 1917; chapter 176, acts of 1919.
Injuries compensated.—Injuries arising out of and in the course of employment,
causing incapacity to earn full wages for more than seven days or death, except when
caused by the employee’s willful intent or intoxication.
Industries covered.—All except domestic and farm labor, provided the employer
elects; compulsory as to the State and its municipalities.
Persons compensated.—Private employment; All employees in the industries covered,
including aliens and minors, whether lawfully or unlawfully employed, but excluding
employees whose work is both casual and not in the usual course of the employer’s
business. Public employment: All employees.
Burden of payment.—.The entire cost rests on the employer, except that he may
deduct one-half the cost of an “ accident benefit fund,” not more than $1 per month,
from each employee’s wages for medical, etc., expenses.
Compensation for death:
(a) Burial expenses not to exceed $125.
(b) To widow or dependent widower, 30 per celit of the average monthly wages,
with 10 per cent additional for each child under 18 years of age. " If only
children survive, 15 per cent for each child; the total in either case not to
exceed 66§ per cent. If there are none of the foregoing, one dependent
parent may receive 25 per cent, and two 35 per cent; if dependent brothers
or sisters under 18, 20 per cent for one, and 30 per cent if more than one.
Other cases of dependency are to be dealt with according to the facts.
Payments to a widow or dependent widower cease on remarriage; widow
receives two years’ benefits in a lump sum. Payments to children cease
at 18, unless incapable of self-support.
Payments to nonresident alien beneficiaries are 60 per cent of the above.
No excess of wages above $120 per month shall be considered in awarding
benefits.
,
No lump-sum settlements are allowed in case the widow, dependent children,
or other persons are wholly dependent.
Compensation for disability:
(а) Reasonable medical, surgical, and hospital aid for not more than 90 days, but
may be extended to 1 year by the industrial commission.
(б) For temporary total disability, an amount equal to 60 per cent of the average
monthly wages, but not less than $30 nor more than $72 for not over 100
months, with $10 per month additional if injured person had dependents,
total amount not to exceed $7,200.
(c) For permanent total disability, 60 per cent of the average monthly wage,
not less than $30 nor more than $60, payable during life.
(d) For temporary partial disability, 60 per cent of the loss of earning capacity,
but not more than $40 per month for not more than 60 months, wages in
excess of $120 per month not to be considered.
(e) For certain specific injuries (mutilations, etc.), a monthly payment equal to
one-half the monthly wages, not less than $30 nor more than $60, for fixed
periods, in addition to the payments for temporary total disability.
No compensation is payable for the first week of disability, but if it continues
one week beyond the first seven days or longer compensation is paid from
the date of the injury.
The industrial commission may permit the substitution of lump sums for
monthly payments in an amount not exceeding $5,000.
Revision of benefits.—Readjustment of compensation may be made by the com
mission on application therefor.
Insurance.—Employers coming under this act must insure in the State insurance
fund.
Security of payments.—State management of the insurance fund and collection of
premiums by the State. Payments are not assignable and are exempt from attach
ment, etc.
Settlement of disputes.—All matters relating to the amount of compensation to bo
paid are determined by the industrial commission.

WORKMENS COMPENSATION LAWS OF XHE UNITED STATES.

NEW HAMPSHIRE.
Date o f enactment.—April 15, 1911; in effect January 1,1912, ch. 163.
Injuries compensated.—Any injury to an employee arising out of and in the course
of employment causing disability of over two weeks, or death, unless due to willful
misconduct, intoxication, or violation of law.
Industries covered.—Industries dangerous to life or limb (enumerated list), includ
ing the operation and maintenance of steam and electric railroads, work in shops,
mills, factories, etc., employing five or more persons; work about lines or cables
charged with electricity; operations dangerously near explosives used in the industry,
or to a steam boiler owned and operated by the employer; and work in or about any
quarry, mine, or foundry (enumerated list); provided the employer elects.
Persons compensated.—Private employment: All workmen engaged in any of the
employments covered by this law. tu b lie employment: Government employees are
not mentioned.
Burden o f payment.—Entire cost rests upon the employer.
Compensation for death:
(a) To persons wholly dependent, a sum equal to 150 times the average weekly
earnings of the deceased, not to exceed $3,000.
(b) If only partial dependents survive, such proportion of the above compensation
as corresponds to the portion of wages contributed to their support.
(c) If nor dependents are left, expenses of medical care and burial to a reasonable
amount, not in excess of $100.
Compensation for disability:
(a) For total disability, a sum beginning with the fifteenth day, not exceeding 50
per cent of average weekly earnings.
(b) For partial disability, a sum not in excess of 50 per cent of the loss of earning
capacity.
In no case is compensation to exceed $10 a week nor run for a longer period
than 300 weeks.
The court may determine the amount of lump sums payable as a substitute
for weekly payments.
Revision o f benefits.—The injured person, when requested by the employer, must
submit to medical examination not oftener than once a week.
Insurance.—No provision.
Security o f payments. The employer must satisfy the commissioner of labor of his
ability to pay the required compensation or file a bond conditioned on the discharge
of all liability incurred under the act.
Weekly payments have the same preferential claims against the assets of the em
ployer as is allowed for unpaid wages or personal services.
Settlement of disputes—All questions not settled by agreement are determined by
an action in equity.

ANALYSIS OF PRINCIPAL. FEATURES OF XIZ& 1AWS.

NEW JERSEY.
Bate of enactment.—April 4, 1911; in effect July 1, 1911; amended by chapter 174,
acts of 1913; chapter 244, acts of 1914; chapter 149, acts of 1918; and chapter 9$, acts
of 1919.
Injuries compensated.—Injury by accident arising out of and in the course of em
ployment causing disability of over 10 days, or death, unless intentionally self-inflicted
or due to intoxication.
Industries covered.—All employments in the absence of contrary election.
Persons compensated.—Private employment: All employees except casual. Non
resident aliens receive no benefits. Public employment: Every employee of the
State, municipality, etc., except persons receiving a salary greater than $1,200 per
year, and those holding an elective office.
Burden o f payment.—The entire cost rests upon the employer.
Compensation for death:
(а) The expense of the last sickness not exceeding $200, and not exceeding $100
for burial.
(б) To one dependent, 35 per cent of the wages of the deceased person, and for each
additional dependent 5 per cent additional, the total not to exceed 60 per
cent, payable for not more than 300 weeks. Compensation not to be less
than $6 nor more than $12 per week, unless the earnings were less than $6
when full wages are paid.
(c) If no dependents, chapter 203, acts of 1918, requires the sum of f 400 to be paid
to the commissioner of labor.
No compensation is allowed to nonresident alien dependents.
Payments to all dependents cease at death, to widows on remarriage, and to
- orphans on reaching the age of 18, unless physically or mentally deficient.
A lump-sum payment may be substituted at the discretion of die court of
common pleas.
Compensation for disability:
(a) Reasonable medical and hospital services for 27 consecutive days following
the day of the accident, not exceeding $50 in value, which may be extended
to 17 weeks and $200 in value in exceptional cases.
(b) For temporary disability 66f per cent of wages, payable during disability, but
.not beyond 300 weeks.
(c) For permanent total disability, 66f per cent of wages during such disability,
not beyond 400 weeks.
(d) For certain specific injuries (mutilations, etc.) producing partial but perma
nent disabilities, 66| per cent of wages during fixed periods, in addition to
payments for any period of total disability.
All weekly payments are subject to a minimum of $6 per week and a maximum
of $12 per week unless earnings were less than $6 when full wages are paid.
A lump-sum payment may be substituted at the discretion of the workmen’s
compensation bureau.
Revision o f benefits.—At any time after one year from the time an award becomes
operative, either party may demand a revision of benefits.
Insurance.—'No provision in the principal act. Supplemental acts (ch. 178 and ch.
262, acts of 1917) require every employer, whether accepting the compensation act or
not, to furnish proof of ability to carry nis own insurance, or to be insured in an author
ized company; the insurance* provisions do not apply to farm laborers or domestic
service.
Security o f payments.—Insurance policies must be for the benefit of the employees,
and be directly available on suits by them for their enforcement. The right of com
pensation has the same preference against the assets of the employer as is now or may
hereafter be allowed by law for a claim for unpaid wages.
Settlements o f disputes.—A workmen’s compensation bureau created by chapter
149. acts of 1918, is charged with the duty of hearing and determining disputes, subject
to an appeal to the courts.

WORKMEN’S COMPENSATION LAWS OP THE UNITED. STATES.

NEW MEXICO.
Date of enactment.—March 13, 1917; in effect June 8, 1917; amended, chapter 44,
nets of 1919.
Injuries compensated.—Injury by accident arising out of and in course of employ
ment, causing disability for more than 14 days, or death within one year, not due to
the intoxication of the injured man or willfully suffered by him or intentionally
inflicted by himself or another. Failure to observe statutory safety regulations or to
use safety devices will cause the compensation to be reduced 50 per cent.
Industries covered.—Extrahazardous occupations (enumerated list) in which
four or more persons are employed, unless contrary election is made. If the injury
is received while at work on a derrick, scaffold, etc., 10 or more feet above ground,
the act applies without regard to the number of employees. Other occupations may
be included by joint written agreement.
Persons compensated.—Private employment: All employees in the industries
covered, except those purely casual and not for the purpose of the employer’s trade
or business. Public employment: Not mentioned.
Burden of payment.—All on employer.
Compensation for death:
(а) $75 for funeral expenses if death occurs as a proximate result.
(б) 40 per cent of earnings to dependent widow or widower alone, with 5 per cent
additional for each child; 25 per cent to one or two orphans, 10 per cent
additional for each additional child, totals in either case not to exceed 60
per cent. If no spouse or child survives, .a parent or parents in any degree
dependent receives 20 per cent; if none of the foregoing survive and there
are brothers or sisters in any degree dependent, 15 per cent shall be paid
for one, and 5 per cent for each additional one, the total not to exceed 25
per cent.
(c) No payment shall extend beyond 300 weeks, nor shall amounts paid partial
dependents exceed the actual contributions made by the deceased to
their support. Payments cease on the remarriage of a widow or widower,
on a child, brother, or sister attaining the age of 18, unless mentally or
physically incapacitated for earning, on the death of any dependent, the
adoption of an infant, or his becoming self-supporting .before reaching 18
years of age.
The earnings upon which death benefits are computed shall be taken as
not above $30 per week, nor less than $12 per week except where the
earnings are less than $12 per week, then the amount of the earnings.
Compensation for disability:
(а) Medical, surgical, and hospital services ft* the first 14 days, not over $50 in
value, unless an adequate scheme of hospital service has been provided
for, in which case such scheme shall be followed out.
(б) For total disability, 50 per cent of the workman’s earnings, for a term not to
exceed 520 weeks.
Weekly benefits shall be not more than $12 nor less than $6 per week, un
less the earnings are less than $6, when the full amount shall be paid.
(c) For permanent pirtial disability, 50 per cent of earnings for specified injuries,
for various periods ranging from 3 to 150 weeks, in addition to payments
for any period of total disability; other cases to be compensated propor
tionately; disfigurement of head or face, not over $500.
Weekly benefits shall be not more than $12 nor less than $6 per week, unles3
the earnings are less than $6, when the full amount shall be paid.
Lump-sum settlements may be approved foi* part or all the benefits, for
either disability o* death.
Revision of benefits.—The employer may at any time require a medical examina
tion of a beneficiary, and the court may adjust awards accordingly.
Insurance.—Employers under the act must file with the district court of the county
insurance or security for the payment of benefits provided by this act, unless a cer
tificate of financial ability is obtained.
Security of payments.—Policies of insurance must inure directly to the benefit
of claimants. Benefits are exempt from attachment, garnishment, or execution, and
can not be assigned.
Settlement of disputes.—Act is administered by courts. Proceedings are to be sum
mary as far as possible. Appeals lie to the supreme court.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

NEW YORK.
[Compulsory law.]

Date, of enactment.—December 16, 1913; in effect July 1, 1914; amended, chapters
41, 316; acts of 1914; chapters 167, 168, 615, 674, acts of 1915; chapter 622, acts of
1916; chapter 705, acts of 1917; chapters 249, 633, 634, 635, acts of 1918; chapters 45S,
498, 629, acts of 1919.
Injuries compensated.—Accidental injuries arising out of and in course of employ
ment, and disease or infection naturally and unavoidably resulting therefrom, caus
ing disability for more than two weeks, or death, unless caused by the willful in
tention of the injured employee to bring about the injury or death of himself or an
other, or by his intoxication while on dyty.
Industries covered.—“ Hazardous employments,” including extensive classified
list; also all othei^employments not so enumerated, in which four or more workmen
or operatives are regularly employed, domestic and farm labor excepted.
Persons compensated.—Private employment: All employees in industries covered.
Public employment: Included.
Burden of payment.—Entire cost rests on employer.
Compensation for death:
(a) $100 for funeral expenses.
(b) To a widow or dependent widower alone, 30 per cent of wages of deceased,
10 per cent additional for each child under 18; dependent orphans under
18 receive 15 per cent each, and dependent parents, brothers, or sisters
receive 15 per cent each; aggregate payments in no case to exceed 66§ per
cent.
(c) Payments to widow or widower cease on death or remarriage or when de
pendence of widower ceases, with two years’ compensation on remarriage;
payments to children, brothers, and sisters cease at 18, and to parents
when dependence ceases.
In computing the above benefits no wages in excess of $100 monthly are
considered.
Compensation for disability:
(a) Medical and surgical treatment and hospital services for 60 days, or longer
where the conditions require, costs to be approved by the commission.
(b) For total disability, 66| per cent of wages during continuance.
(c) For partial disability, 66§ per cent of wrage loss; for specified permanent
partial disabilities (mutilations, etc.), 66f per cent of wages for fixed periods,
in lieu of other payments; separate provision for disfigurements.
The foregoing payments may not be less than $5 nor more than $15 per week,
except for certain maimings the maximum may be $20.
Payments begin on the fifteenth day, but if the disability continues for
more than 49 days, compensation is allowed from the beginning.
Revision of benefits.—Awards may be reviewed at any time, and ended or increased
or decreased within the limits fixed.
Insurance.—Employer must give proof of financial ability to make payments (de
posit of securities may be required), or must insure in State fund or mutual or stock
company.
Security of payments.—Insurance may be made to inure directly to the benefit
of claimants; insolvency of employer does not release insurance company. Pay
ments have same preference as unpaid wages for labor without limit as to amount.
. Settlement of disputes.—Disputes are settled by the State industrial commission,
with limited appeal to courts.
177982°— 21—Bull. 272------4

WORKMEN'S COMPENSATION LAWS OP THE UNITED STATES.

NORTH DAKOTA.
Date of enactment.-—Approved March 5,1919; effective July 1,1919, ch. 162; amended
by chapter 73, special session of 1919.
Injuries compensated.—Injuries arising in the course of the employment causing
disability for more than seven days or death within 6 years, not caused by employee’s
willful intention to injure himself or to injure another.
Industries covered.— ‘ *Hazardous employments, ’ ’including any employment in which
one or more employees are regularly employed in the same business or establishment,
except agricultural or domestic service and common carriers by steam railroad. Em
ployments not classed as hazardous may elect to come under act.
Persons compensated.—Private employment: All persons engaged in hazardous
occupations, including minors, apprentices, and aliens, but excluding casual employ
ees whose work is both casual and not in the course of the employer’s business. Public
employment: All employees of the State or any political subdivision thereof.
Burden o f payment.—All on employer.
Compensation for death:
(a) Burial expenses not to exceed $100.
•
(b) To widow or wholly dependent widower without children, 35 per cent of the
average weekly wages until death or remarriage; 10 per cent additional for
each child under the age of 18, but not to exceed 66§ per cent of the
average weekly wages. Upon remarriage of widow she shall receive 156
weeks’ compensation in a lump sum.
To orphans under 18, 25 per cent for one and 10 per cent for each addi
tional not to exceed 66f per cent of the average weekly wages. Payments
cease at 18 unless incapable of self-support.
To one dependent parent, 25 per cent, and to two, 20 per cent each when there
is no widow, dependent widower, or child; if there are, then such amount
as may remain after the widow, widower, or child are provided for, the
total not to exceed 66f per cent of the average weekly wages, to continue
until death.
To wholly dependent sister, brother, grandparent or grandchild, if no widow,
widower, or child survives, if one, 20 per cent, if two, 30 per cent to be
equally divided, to continue for eight years or until death, marriage, or
termination of dependency.
(c) To partly dependent parents, brothers, sisters, grandparents, or grandchildren
such percentages as may be allowed by board.
Payments are to be computed on the basis of a minimum wage of $18 and a
maximum of $30 per week.
Compensationfor disability:
(a) Such medical, etc., service and supplies as the injury may require.
b) For total disability,66§ per cent of the average weekly wages during disability.
(c) For temporary partial disability, 66§ per cent of the loss of earning capacity.
(d) For permanent partial disability, 66§ per cent of weekly wages for fixed peri
ods determined by percentages of total disability.
Compensation is paid from date of the injury if disability continues beyond
seven days.
The maximum weekly compensation is $20 per week, and the minimum $6.
Lump-sum payments may be made instead of weekly payments when bureau
thinks it to be to the best interest of the beneficiary.
Revision o f benefits.—Bureau may review at any time, on its own motion or on appli
cation.
Insurance.—Insurance in the State fund is required of all employers in hazardous
work.
Security o f payments.—Fund is administered by workmen’s compensation bureau.
Agreements to waive rights to compensation are invalid, and all assignments of com
pensation are void. Compensation is exempt from claims of creditors.
Settlements of disputes.—All disputes are settled by the workmen’s compensation
bureau, with limited appeal to the district courts.

ANALYSIS OP PRINCIPAL FEATURES OF THE LAWS.

OHIO.
Date o f enactment.—June 15, 1911;'in effect January 1, 1912; amended pages 72,
396, acts of 1913; 193, acts of 1914; 508, acts of 1915; 6, 157, 450, 528, acts of 1917; 277,
313, 555, acts of 1919.
Injuries compensated.—All injuries, not self-inflicted, received in the course of em
ployment, causing disability beyond one week, or death.
industries covered.—All industries employing five or more persons regularly in the
same business; also establishments with less than five workmen, if the employer elects
to pay the premiums provided by this act.
Persons compensated.—Private employment: All employees excluding persons
whose employment is but casual and not in usual course of trade or business of employer
but including aliens and minors. Public employment: Persons in the service of the
State, or its political subdivisions, excepting the officials of the State or municipal
governments, and policemen and firemen m cities where pension funds are estab
lished and maintained by municipal authority.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
(а) Burial expenses not to exceed $150.
(б) To persons wholly dependent, 66$ per cent of the average weekly earnings of
the deceased workman, not to exceed $15 weekly, for eight years after the
date of the injury, not less than $2,000 nor more than $5,000.
(c) If only partial dependents survive, a proportionate sum, not to exceed $15
weekly, to continue for all or such portion of the period of eight years as the
industrial commission may determine in each case, not exceeding a maxi
mum of $5,000.
(d) If no dependents, medical and hospital services not exceeding $200 in value
and burial expenses as above,
Dependence of children not presumed after 16 unless physically or mentally
incapacitated.
Compensation for disability:
(а) Medical, hospital, etc., services, not to exceed $200, but more may be allowed
in cases of actual necessity.
(б) For temporary total disability, a weekly payment of 66§ per cent of average
weekly wages, during disability, not less than $5 nor more than $15 per
week, but not for longer than six years, nor exceeding $3,750.
(c) For permanent total disability, a weekly payment as above, continuing until
death.
(d) For partial disability, 66J per cent of loss of earning capacity, during the con
tinuance thereof, but not exceeding $12 per week, or a total of $3,750.
(e) In certain specified injuries (mutilations, etc.), compensation of 66§ per cent
of wages, for fixed periods, with the same maximum and minimum limita
tions as noted above.
Payments under (d) and (e) are in addition to payments during temporary
total disability.
In all cases, if wages are less than prescribed minimum, then total wages are
paid as compensation; an expected increase in wages may be given con
sideration.
Revision o f benefits.—The industrial commission may from time to time make such
modification or change in its former findings of fact as it deems necessary.
Insurance.—The law creates a State insurance fund, under control of an industrial
commission, in which employers under the act must insure, or give proof of ability to
provide benefits equal to those provided by the State insurance fund. Noninsuring
employers may be required to give security or bond to guarantee the payment of ben
efits falling due.
Security of payments.—Insurance is under State control. Claims for compensation
under this law have the same preference against the assets of the employer as is or
may be allowed by law on judgments rendered for claims for taxes.
Settlement of disputes.—The commission hears and determines all cases within its
jurisdiction, limited right of appeal to the civil courts being reserved to the claimant.

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 f t h e u n i t e d s t a t e s

OKLAHOMA.
Date of enactment.—March 22, 1915; in effect September 1, 1915. Amended, chap
ter 14, acts of 1919
Injuries compensated.—Personal injuries causing disability for more than seven
days arising out of and in course of employment, not due to the willful intention of
the injured employee to injure himself or another, intoxication, or willful failure to
use statutory safeguard. If disability continues for 21 days compensation is paid
from date of injury. Fatal injuries not covered.
Industries covered.— “ Hazardous ” (enumerated list and general clause), in which
more than two persons are employed, including work by State or municipalities;
agriculture, horticulture, stock raising, retail stores, and interstate railways not
included.
Persons compensated.—Private employment: Persons engaged in manual or mechan
ical work or labor in industries covered. Public employment: Workmen employed
for wages in any hazardous work within meaning of this act.
Burden of payment.—All on employer. Schemes requiring contribution from em
ployees may be approved by commission if they provide greater benefits.
Compensation for death.—Fatal injuries not covered.
Compensation for disability:
(a) Necessary medical, surgical, or other treatment for first 60 days not to exceed
$100 in value unless in the judgment of the commission a greater period or
amount is required.
(b) For temporary total disability, 50 per cent of average weekly wages for not
more than 300 weeks.
(c) For permanent total disability, 50 per cent of average weekly wages for not
more than 500 weeks.
(d) For partial disability, 50 per cent of wage loss for not more than 300 weeks;
for specified permanent injuries, 50 per cent of weekly wages for fixed
periods in lieu of other compensation.
*
Payments may not exceed $18 per week nor be less than $8 unless wages were
less than $8, when full wages will be paid. Periodical payments may
be commuted to lump sums, and aliens who are nonresidents may have
payments commuted to lump sums equal to one-half the value of the
present worth.
Revision of benefits.—Awards may be reviewed at any time on application of any
party in interest.
Insurance.—Employer must insure with a stock or mutual company or association
of the State or companies out of the State issuing approved policies, or maintain a
benefit fund, or provide satisfactory proof of ability to make compensation payments.
Security of 'payments— Insurance companies or fund systems must be approved
by the commission. Claims can not be assigned, and payments are exempt from levy,
execution, etc. Deposits with the commission to secure payments may be required
of employers or insurers.
Settlement of disputes.—Disputes are to be settled by the industrial commission,
subject to appeal to the supreme court.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

OREGON.
Date of enactment.—February 25, 1913; in effect June 30, 1914. [Deferred by
referendum.] Amended, chapters 271, 334, acts of 1915; chapter 288, acts of 1917;
chapters 55, 288, 397, acts of 1919.
Injuries compensated.—Injuries or death by accident arising out of and in the
course of employment, except those brought about intentionally.
Industries covered.—All hazardous occupations, including factories, mills, and
workshops employing machinery, etc. (enumerated list); all in absence of contrary
election. Other employers may accept the law by affirmative election.
Persons compensated.—Private employment: Any workman employed in enumer
ated hazardous employments in absence of contrary election, except farm laborers, who
may be brought under the law by election. Nonresident alien beneficiaries other
than parent, spouse, or child are not included unless otherwise provided by treaty.
Public employment: State and municipalities, irrigation districts, etc., may elect
to come under the act.
Burden of payment.—The employer deducts 1 cent from employee’s daily earnings,
and himself contributes this sum and a percentage of his monthly pay roll, fixed
according to industry. The State gives a subsidy.
Compensation for death:
(a) Burial expenses not to exceed $100.
(b) To widow or invalid widower, a monthly payment of $30, and to each child
under 16 (daughters 18) $8 a month, the total monthly payments not to
exceed $50.
(c) To orphans under 16 years of age (daughters 18), a monthly payment of $15
each; the total monthly payments not to exceed $50.
(d) To other dependents, there being none of the foregoing, a monthly payment
to each of 50 per cent of the average support received during the preceding
year, but not to exceed $30 a month in all.
(e) To parents of an unmarried minor, a monthly payment of $25, until such
time as he would have been 21, after which time compensation shall be
paid according to (d) above.
Payments to widow or widower continue until death or remarriage. On
remarriage of widow she receives a lump sum of $300. Payments to a
male child cease at 16 and to a female at 18, unless the child is an invalid.
Compensation for disability:
(a) Medical, surgical, and hospital expenses not exceeding $250 in value.
(b) For permanent total disability, monthly payments as follows: (1) If un
married at the time of the injury, $30; (2) if with wife or invalid husband,
but no child under 16 years, $35; if the husband is not an invalid, the sum
is $30; (3) if married or a widow or widower with a child or children under
16 years, $8 additional to the provision under (2) above for each child until
16 years of age; the total monthly payments not to exceed $50.
(c) For temporary total disability, the above payments apply during disability,
increased 50 per cent for first six months, but in no case to exceed 60 per
cent of monthly wages.
(d) For temporary partial disability, a proportionate amount, corresponding to
loss of earning power for not exceeding two years.
(e) For certain specified injuries (mutilations, etc.), monthly payment of $25
per month payable for fixed periods, less the time during which any pay
ments were made on account of total disability. A lump sum at the option
of the injured person is provided in some cases.
Partial lump-sum payments to any beneficiary may be substituted at the
discretion of the commission, but not to exceed $4,000.
Revision of benefits.—The rate of compensation may be readjusted either upon the
application of the beneficiary or by the State industrial accident commission upon its
own initiative.
Insurance.—Insurance is effected through the State industrial accident fund,
under supervision of the State industrial accident commission.
Security of payments.—Insurance under State control.
Settlement of disputes.—Any decision of the commission is subject to review by the
circuit court, and appeals lie from the circuit court as in other civil cases.

WORKMEN’S COMPENSATION LAWS OS' THE UNITED STATES.

PENNSYLVANIA.
Date of enactment.—June 2, 1915; in effect January 1, 1916; amended, acts No. 57,
359, 395, acts of 1917; acts No. 277, 306, 310, 441, 455, acts of 1919.
Injuries compensated.—Personal injury by accident in the course of employ
ment, causing disability for more than 10 days or death in 300 weeks, not intention
ally self-inflicted or due to the intentional act of a third person for reasons not con
nected with the employment.
Industries covered.—All, unless employer makes election to the contrary. A sup
plemental act (No. 359, acts of 1917) requires all contracts with the State or any
municipality to contain a provision that the contractor shall accept the provisions of
the compensation law. (Agricultural and domestic employees are excluded by a
separate act.)
Persons compensated.—Private employment: All persons rendering service to
another for a valuable consideration, casual employees whose work is not in the regu
lar course of the employer’s business, and outworkers excepted. Public employment:
All employees.
Burden of payment.—All on employer.
Compensation for death:
(а) $100 funeral expenses.
(б) 40 per cent of weekly wages to widow or dependent widower, 10 per cent
additional for each child, total not to exceed 60 per cent; if no parent,
30 per cent if one or two children, 10 per cent additional for each child
in excess of two, total not to exceed 60 per cent; if no consort or child under
16, but dependent parent, brothers, or sisters, 15 to 25 per cent of wages.
(c) Payments cease on death, remarriage of widow or widower, cessation of depend
ence of widower, or when a child, brother, or sister attains the age of 16;
not to continue beyond 300 weeks, unless for children under 16, when 15
per cent of wages will be paid for one and 10 per cent additional for each
additional child, total not to exceed 50 per cent. Basic wages are not
less than $10 nor more than $20 weekly.
Upon remarriage a widow is to receive the then value of the compensation
for one-third of the unpaid period.
Compensation for disability:
(а) Reasonable medical and surgical expenses for first 30 days after disability
begins, cost not to exceed $100; in addition, hospital treatment for 30 days
at prevailing costs.
(б) For total disability, 60 per cent of weekly wages for 500 weeks, $6 minimum,
$12 maximum, total not to exceed $5,000, if wages less than $6 full wages
will be paid.
(c) For partial disability, 60 per cent of weekly wage loss, $12 maximum, for
not over 300 weeks; fixed periods for specified injuries, in lieu of other
payments, $6 minimum, $12 maximum, full wages if less than $6.
Payments may be commuted to a lump sum.
Revision of benefits.—Agreements and awards may be reviewed by the board at
any time for proper cause.
insurance.—Employers must insure in the State fund, a stock or mutual com
pany, or give proof of financial ability.
Security of payments.—Agreements or claims may be filed with a prothonotary,
who enters them as a judgment, and if approved by the board they become a lien
on the property of the employer. A separate act provides for direct payments from
insurance companies to the beneficiaries, in case of the employer’s failure to make
payments of benefits.
Settlement of disputes.—Disputes are settled by a workmen’s compensation board,
with appeal to courts.

ANALYSIS 03? PRINCIPAL FEATURES OF THE LAWS.

PORTO RICO.
Date of enactment.—April 13, 1916; in effect July 1, 1916; amended, act No. 9, acts
of 1917. New act, February 25, 1918; in effect July 1, 1918.
Injuries compensated.—All personal injuries by accident occurring to a laborer
in the course of his employment and due thereto, causing death within one year or
disability, excepting injuries due to an attempt to commit crime or to injure himself,
his employer, or another person; intoxication, or gross negligence, or the criminal act
of a third person.
Industries covered.—All industries employing three or more persons except domestic
service and agricultural work without mechanically driven machinery.
Persons compensated.—Private employment: All employees of employers covered
by the act, clerical employees in offices and commercial establishments where ma
chinery is not used excepted; also excepting employees whose earnings exceed $1,500
per year. Public employment: Included.
Burden of payment.—All on employer.
Compensation for death.—A compensation of three to four thousand dollars as a
maximum to persons wholly dependent, the amount to be graded according to the
earning capacity of the deceased, and the number of beneficiaries. Benefits may be
apportioned among the dependent legal heirs by the will of the decedent if not in
conflict with this act or the code.
Compensation for disability:
(a) Medical attendance, medicines, also hospital services when necessary, and
sustenance, as the workman’ s relief commission may prescribe; but the
allowance for medicine and food supplies shall be deducted from the com
pensation granted, and none allowed after the award.
(b) For temporary disability an amount equal to one-half the weekly wages, not
less than $3 nor more than $7, for not more than 104 weeks.
(c) For permanent total disability not less than $2,000 nor more than $4,000, in
proportion to the rate of wages earned at the time of injury.
(d) For permanent partial disability not more than $2,500, m proportion to the
rate of wages earned at the time of injury. The time and manner of pay
ments are to be determined by the workman’s relief commission.
Revision of benefits.—No provision.
Insurance.—All payments are made from the workman’s relief trust fund established
by the act, to which all employers covered by the act contribute.
Security of payment.—Fund is administered by the treasurer of the island. Rights
and actions not assignable nor subject to attachment.
Settlement of disputes.—Claims are passed upon by the workman’s relief commis
sion, with limited appeal to the courts.

w o r k m e n ’s

COMPENSATION LAWS OF THE tTNITED STATES.

RHODE ISLAND.
Date of enactment.—April 29, 1912; in effect October 1, 1912; amended, chapter
937, acts of 1913; chapter 1268, acts of 1915; chapter 1534, acts of 1917; chapter 1795,
acts of 1919.
Injuries compensated.—Personal injuries by accidents arising out of and in the course
of employment causing incapacity for earning full wages for a period of more than
two weeks, or death, except where the injury resulted from the willful intention of
the injured person to injure himself or another, or from intoxication.
Industries covered.—All industries except domestic service and agriculture, if the
employer elects. Defenses in suits for damages are not abrogated unless more than
five persons are employed.
Persons compensated.—Private employment: All employees in establishments
covered by this act in absence of contrary election, employees whose work is of a casual
nature and who are employed otherwise than for the purpose of the employer’s busi
ness, and those earning above $1,800 a year excepted. Public employment: Employ
ees of the State, and such classes of employees of cities and towns electing to accept
the act as are designated in the act of acceptance, but not including members of
regularly organized fire and police departments.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
(a) To persons wholly dependent, a weekly payment equal to one-half the average
weekly earnings of the deceased employee, but not less than $4 nor more
than $10 per week, for a period of 300 weeks.
(b) If only partial dependents survive, a sum proportionate to the amount which
the annual contributions bore to the annual earnings of the deceased, for not
exceeding 300 weeks.
(c) If no dependents, the expense of the last sickness and burial of the deceased
employee, not exceeding $200.
Payments to children cease on their reaching the age of 18 years unless they
are physically or mentally incapacitated.
Compensation for disability:
(a) The necessary medical and hospital services for the first four weeks after the
injury.
(b) For total incapacity, a weekly payment equal to one-half the wages, but not
less than $7 nor more than $14 per week, during such incapacity, but not
for a longer period than 500 weeks, nor more than $5,000.
(c) For partial incapacity, a weekly payment equal to one-half the loss of earning
power, but not exceeding $10 per week, during such incapacity, and not
for a longer period than 300 weeks.
(d) For certain specified injuries (mutilations, etc.), in addition to the above,
one-half the wage3, weekly payments to be not less than $4 nor more than
$10 per week, for fixed periods.
Payments begin on the fifteenth day, but if the incapacity extends beyond
four weeks, they revert to the date of the injury.
Lump-sum payments may be substituted by order of the superior court after
compensation has been paid for six months for either death or injury.
Revision of benefits.—Amounts payable may be reviewed and modified by the
superior court at any time within two years, if the time for payments has not expired.
Insurance.—Employers must insure, give proof of financial ability to make direct
payments, or furnish security or bond. If employees contribute to any approved
scheme or insurance plan, proportionate added benefits must be provided.
Security of payments.—Insurers are directly liable to claimants; beneficiaries have
a first lien on any sum due from insurers to the employer on any policy.
Settlement of disputes.—Disputes are settled by the superior court on a petition in
the nature of a petition in equity, filed by any party in interest. Appeals may be
carried to the supreme court by any aggrieved person.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

SOUTH DAKOTA.
Date of enactment.—March 10, 1917; in effect June 1, 1917; amended, chapters 363,
314, acts of 1919.
Injuries compensated.—Injuries by accident arising out of and in course of employ
ment, causing disability for more than 10 days or death, not due to intoxication or
willful misconduct.
Industries covered.—All except agriculture and domestic service, in the absence of
contrary election. Exempt occupations may come in by voluntary election.
Persons compensated.—Private employment: All persons in service under a con
tract of hire or apprenticeship, except those whose'employment is both casual and
not in the usual course of the business or trade of the employer. Public employees:
Employees of the State and its municipalities are included.
Burden of payment.—All on the emplover, except that one-half of the fees of arbi
trators may be charged to the compensation allowed in any case.
Compensation in case of death:
(a) To a dependent widow, child, or children, a sum equal to four times the
average annual earnings of the deceased person, not less than $1,650 nor
more than $3,000; if none of these, similar amounts may be paid to a de
pendent parent, grandparent, brother, or sister. If there are none of the
foregoing, collateral dependent heirs may receive such a percentage of the
same amount as the deceased workman’s contributions to their support
during the preceding two years are of his earnings during such period.
(b) If there are no dependents, the employer shall pay burial expenses in an
amount not exceeding $150.
Payments are to be made in installments equal to one-half the wages, as the
wages were paid, or weekly, if that is not feasible. Payments cease on the
death of a beneficiary or the remarriage of a widow; but if there are de
pendent children, amounts otherwise due her go to the children. *
Compensation for disability:
(a) Necessary medical, surgical, and hospital services for not more than 12 weeks
nor in an amount above $150.
(b) For total disability, 55 per cent of the weekly earnings, not more than $12
nor less than $6.50, unless earnings are less, then full wages, until four years’
earnings are paid, not to exceed $3,000.
(c) For partial disability, 55 per cent of the wage loss, not over $12 weekly, for
not longer than six years; for specified injuries payments are to be made
for fixed periods, in addition to the amount paid during any period of total
disability.
(d) For serious and permanent disfigurement of the hand, head, or foot not giv
ing rise to other awards, an agreed or arbitrated award of not more than
one year’s earnings.
No payment is made for disability of not more than 10 days’ duration, but
if it continues for 6 weeks or more, compensation is payable from the date
of the injury. Commutation to lump sums may be arranged for on a proper
showing.
Revision of benefits.—Awards may be reviewed by the industrial commissioner
at the request of either party, and modified according to the findings.
Insurance.—Insurance in an approved company or association is required, unless
satisfactory proof of financial ability to make payments is furnished, or sufficient
security is deposited with the State insurance department to guarantee payments.
Security of payments.—Insurance policies are to be valid regardless of the employer’s
solvency, and must provide that the workman shall have a first lien upon any amount
becoming due him thereunder. Claims are unassignable, and payments are exempt
from execution. .
Settlement of disputes.—Arbitrators are to be chosen, one by each party, the indus
trial commissioner acting as chairman. If review is claimed, the commissioner may
revise the decision or refer it back to the arbitration board. Appeal lies to the courts
only on questions of law.

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

TENNESSEE.
Date of enactment.—April 15, 1919; effective July 1, 1919.
Injuries compensated.—Injury by accident arising out of and in course of the employ
ment, causing disability for more than 14 days, or death, not due to employee’s intoxi
cation, willful, misconduct, or intentional self-inflicted injury, or refusal to use a
safety appliance or perform a duty required by law.
Industries covered.—All employing 10 or more persons, except common carriers while
engaged in interstate commerce, domestic and agricultural service, and coal mining.
Those employing less than 10 persons, coal mines, and public employers may elect to
come under the act.
Versons compensated.—Private employment: All employed in the industries covered
except employees whose work is casual and not in the usual course of the employer’s
business. Public employment: Employees are not covered unless the employer
elects to come under the act.
Burden of payment.—Entire cost rests upon the employer.
Compensation for death:
(a) Burial expenses not to exceed $100.
(b) To widow, 30 per cent; with one child, 40 per cent; two or more children,
50 per cent. One orphan child, 30 per cent; each additional orphan, 10 per
cent; total not to exceed 50 per cent. Dependent widower, 20 per cent.
One dependent parent, 25 per cent; two dependent parents, 35 per cent.
One grandparent, sister, brother, mother, or father-in-law, 20 per cent; two
or more, 25 per cent, of the average weekly wages, in the order named, until
death or marriage.
(c) If only partial dependents survive, a proportion of the above corresponding to
the relation of the contribution of the deceased to the total income of such
dependents.
Payments to children cease upon their reaching the age of 18 years, unless
incapable of self-support.
The maximum weekly compensation is $11 per week and the minimum $5,
unless wages are less than $5, when full wages are paid, for not over 400
weeks.
Compensation for disability:
(a) Reasonable medical and surgical treatment for 30 days after notice of accident,
not to exceed $100.
(b) For temporary total disability, 50 per cent of average weekly wages, for not
over 300 weeks.
(c) For temporary partial disability, 50 per cent of wage loss for not over 100
weeks.
(d) For permanent partial disability, 50 per cent of wage loss for not over 300
weeks; for certain specific injuries (mutilations, etc.) producing permanent
partial disabilities, 50 per cent of wages during fixed periods.
(e) For permanent total disability, 50 per cent of wages for not to exceed 550
weeks reduced to $5 per week after 400 weeks, with maximum total of
$5,000.
Payments are to begin on the fifteenth day unless disability continues for
more than six weeks, when they date from the injury.
Payments may not exceed $11 per week nor be less than $5, unless wages are
less than $5, when full wages are paid, and may be commuted to a lump
sum.
Revision of benefits.—Revision of payments for more than six months may be made
by the court on agreement of parties; or, in case of disagreement, on application of
one party.
Insurance.—Insurance is required in an authorized insurance company or associa
tion, or bond or proof of financial ability to make payments.
Security of payments.—Insurance policies must inure directly to the benefit of the
beneficiaries and be enforceable in an action by them.
Settlement of disputes.—Disputes are settled by the judge or chairman of the county
court, with right of appeal to the courts.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

TEXAS.
Date of enactment.—April 16, 1913; in effect September 1, 1913; amended, chapter
103, acts of 1917.
Injuries compensated.—Personal injury sustained in the course of employment
causing incapacity to earn full wages for at least one week, or death, not due to the
act of God, unless the employment is specially exposing, nor to the intentional act of
a third person committed for personal reasons not connected with the employment,
nor to the injured man’s willful intent to injure himself or another, nor received
while intoxicated.
Industries covered.—All in which three or more persons are employed, if the employer
elects, except domestic and farm labor, railways (steam or electric) operated as com
mon carriers, and vessels in interstate and foreign commerce.
Persons compensated.—Private employment: All employees in industries included,
except those not in the usual course of the employer’s trade or business. Public
employment: No provision.
Burden of payment.—The entire cost rests upon the employer.
Compensation for death:
(а) To the legal beneficiaries of the deceased employee, a weekly payment equal
to 60 per cent of his wages, not less than $5 nor more than $15, for a period
of 360 weeks, distributed according to law governing property distribution.
(б) If no beneficiaries are left, the expenses of the last sickness and in addition a
funeral benefit not to exceed $100.
Compensation for disability:
(a) Medical and hospital care for the first two weeks; hospital care for two weeks
additional if necessary.
(b) For total incapacity, a compensation equal to 60 per cent of the average
weekly wages of the injured person, but not less than $5 nor more than $15
per week, during such disability, but not exceeding a period of 401 weeks.
(c) For partial incapacity, a compensation equal to 60 per cent of the loss of
earning power during such disability, in no case to exceed $15 per week,
but not exceeding 300 weeks, or for both partial and total disability, 401
weeks.
(d) For certain specified injuries (mutilations, etc.), compensation equal to 60
per cent of the average weekly wages of the injured person, for fixed periods,
not less than $5 nor more than $15 per week, in lieu of all other compensation.
A lump-sum payment may be substituted for weekly payments in cases of
death or permanent total disability, subject to the approval of the industrial
accident board.
Revision of benefits.—On its own motion or on application of an interested party,
the industrial accident board may at any time review an award.
Insurance.—Employers come under the law only by taking insurance, which may
be effected through the Texas Employers’ Insurance Association, or in any company
admitted to do business in the State.
Security of payments.—Compensation is payable directly by the insurance associa
tion. Policies in other companies are subject to the provisions of the act. All bene
fits are nonassignable, and exempt from garnishment, attachment, etc.
Settlement of disputes.—Disputes are referable to the industrial accident board,
whose decisions are subject to appeal to any court of competent jurisdiction.

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

UTAH.
Date of enactment.—March 15, 1917; in effect July 1, 1917; amended chapter 63,
acts of 1919.
Injuries compensated.—-Injuries by accident arising out of and in course of employ
ment, causing disability for more than three days, or death within 3 years.
Industries covered.—Compulsorily, all except agriculture and domestic service, in
which three or more persons are employed; elective as to all exceptions.
Persons compensated.—Private employment: All persons regularly employed under
any contract of hire, including aliens and minors legally permitted to work, but not
including persons whose employment is but casual and not in the usual course of the
employer’s business. Public employment: Every person in the service of the State
or a municipality, including regular members of the police and fire departments of
cities and towns, excepting elective officials and officials receiving more than $2,400
per year salary.
Burden of payment.—All on employer, but employees may contribute to benefit
schemes for benefits additional to those provided by the act.
Compensation for death:
(a) Funeral expenses, not exceeding $150.
(b) To parsons wholly dependent, 60 per cent of the average weekly earnings of
the deceased employees, not to exceed $16, for not over six years, $2,000
minimum, $5,000 maximum.
(c) To persons partly dependent, the same amount, subject to the same limit3
as to maximum, for all or such part of the pariod of six years as the com
mission may in each case determine.
Payments to beneficiaries cease on their death or remarriage; to female children
on their attaining the age of 18, and to males on reaching the age of 16,
unless mentally or physically incapacitated from earning.
(d) When there are no dependents the employer or his insurer must pay, in
addition to medical and funeral expenses, the sum of $750 into the State
treasury for a second-injury fund, unless the employer is insured in the
State fund.
Compensation for disability:
(a) Such medical, n*irse, and hospital services and medicines as the employer
or insurer may deem proper, not over $500 in value.
(b) For permanent total disability, 60 per cent of average weekly wages for five
years, and 45 per cent thereafter until death, $16 maximum, $7 minimum.
(c) For temporary total disability 60 per cent of weekly wages for 6 years, hot to
exceed $5,000; $16 maximum, $7 minimum.
(id) For partial disability, 60 per cent of the weekly wage loss, not over $16 per
week, for not more than six years. For specified injuries causing permanent
partial disability, 60 per cent, not over $16 weekly, is to be paid for fixed
periods, in addition to payment for temporary total disability; proportionate
awards for disfigurement or injuries not enumerated.
Any periodical payment under special circumstances may be commuted to a
lump sum by the commission.
Revision of benefits.—Revision may be made from time to time as in the opinion
of the commission may be justified.
Insurance.—Employers must insure in the State fund, in a stock or mutual insurance
company, or give proof of ability to meet their own compensation payments; but
approved benefit schemes may be maintained.
Security of payments.—Policies in private insurance companies are binding without
regard to the solvency of the employer, and are enforceable by the employee directly.
Self-insurers may be required to deposit security or give a bond.
Settlement of disputes.—Disputes are settled by the State industrial commission, with
limited appeal to the courts.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

VERMONT.
Date of enactment.-^-April 1, 1915; in "effect July 1, 1915; amended, Nos. 171, 173,
174, 175, acts of 1917; Nos. 158, 159, acts of 1919.
Injuries compensated.—Personal injury causing disability for more than seven days
(14 days until July 1, 1918), or death within two years, arising out of and in course of
employment, not due to the employee’s willful intention to injure himself or another,
his intoxication, or failure to use a safety appliance.
Industries covered.—All industrial establishments in which more than 10 persons are
employed, and commerce as far as permissible under Federal laws, domestic labor
excepted, unless election to the contrary is made.. Public service under municipali
ties which elect compensation system.
Persons compensated.—Private employment: All under contract with or in service
of an employer, domestic and casual employees, those not in the usual course of the
employer’s business, and those receiving more than $2,000 excepted. Public employ
ees; All except those elected by popular vote or receiving in excess of $2*000 annually.
Burden of payment.—All on employer.
Compensation for death:
(a) $100 for funeral expenses if death occurs within two years.
(b) 331 per cent of weekly wages to dependent widow or widower, 40 per cent if
there be one or two children, and 45 per cent if more than two; if no parent,
25 per cent to one or two children, 10 per cent additional for each child in
excess of two, total not to exceed 40 per cent; if no consort or child under 18,
and dependent parent, grandparent, or grandchild, 15 to 25 per cent of wages.
(c) Payments to widow cease on death or remarriage; to widower on remarriage or
cessation of dependency; to children on reaching age of 18 unless incapable
of self-support, in no case to exceed 260 weeks or $3,500 in amount; payments
to other classes of beneficiaries end in 208 weeks at most. Basic wages are
not less than $5 weekly.
Compensation for disability:
(a) Medical and hospital services for first 14 days,, not to exceed $100.
(b) For total disability 50 per cent of weekly wages for not more than 260 weeks,
$3 minimum, $12.50 maximum, total not to exceed $4,000. If wages are less
than $3, full wages will be paid.
(c) For partial disability, 50 per cent of wage decrease, maximum $10, for not
more than 260 weeks.
(d) For certain specified injuries, 50 per cent of weekly wages, but not more than
$12.50 nor less than $3, for designated periods ranging from four to 170 weeks,
following the period of total disability, the total not to exceed 260 weeks.
Payments may be commuted to one or more lump sums in any case.
Revision of benefits.—Awards may be reviewed on application at any time, but not
oftener than, once in six months.
Insurance.—Required unless deposit of security is made, or satisfactory proof of
financial responsibility.
Security of payments.—Employees may have direct recourse to insuring company;
insolvency of employer does not release insurer; compensation rights are preferred
claims.
Settlement of disputes.—Disputes are determined by a commissioner of industries,
with appeal to courts.

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

VIRGINIA.
Date of enactment.—March 21, 1918; in effect January 1,1919, ch. 400.
Injuries compensated.—Injuries caused by accident arising out of and^ in course o!
employment, not due to the injured person’s willful misconduct, intoxication,
intention to injure himself or another, or failure to use a safety appliance or to per
form some duty required by law or to obey a rule of the employer, and causing disa
bility for more than 14 days or death within 6 years.
Industries covered.—All employing regularly more than 10 persons, in absence of
contrary election, domestic and farm labor and interstate commerce and intrastate
common carriers using steam excepted.
Persons compensated.—Private employment: All employees of employers under the
act who do not themselves make a contrary election, including minors and appren
tices, except employees whose employment is not in the usual course of the employer’s
business. Public employment: All employees.
Burden of payment.—All on employer.
Com
dy payment equal to one-half the aver
age weekly wages of the deceased; $10 maximum, $5 minimum.
(c) If only partial dependents survive, such proportion of the above as the
amount contributed bears to the annual earnings of the deceased em
ployee.
(d) Payments may not extend beyond a period of 300 weeks, nor to children
after they attain the age of 18 years, unless physically or mentally inca
pacitated. Payments to a widow or widower are, on remarriage, to be
divided among other dependents, if any.
Compensation to alien dependents (Canada excepted) may not exceed
$1,000.

The total compensation may not exceed $4,000.
Compensation for disability:
{a) Necessary medical attention for the first 30 days; additional services, includ
ing surgical and hospital services and supplies, may be furnished at the
employer’s option, and must be accepted unless the industrial commis
sion orders otherwise.
(b) For total disability, one-half the weekly wages, not more than $10 nor less
than $5 per week, for not more than 500 weeks, the total not to exceed
$4,000.
(c) For partial disability, one-half the wage loss, not more than $10 per week, for
not more than 300 weeks; for specified injuries (loss of member or mem
bers) 50 per cent of the wages for fixed periods.
Lump sums may be substituted for periodic payments in any case after 26
weeks on agreement of the parties and the approval of the industrial com
mission.
Revision of benefits.^-The industrial commission may review an award on its own
motion before a judicial determination, or at any time on the application of a party in
interest on the ground of a change in condition.
Insurance—Every employer coming under the act must insure in a stock or mutual
company, or in a State fund, or furnish satisfactory proof of financial ability to make
direct payment.
Security of payments.—Claims are not assignable, and are exempt from claims of
creditors; payments have the same preference for full amount as wage debts. Notice
to the employer is notice to the insurer, and policies must inure directly to the benefit
of the person entitled to compensation.
Settlement of disputes.—Disputes are settled by the industrial commission, subject
to limited appeal to courts.

ANALYSIS OF PRINCIPAL FEATURES 03T THE LAWS,

WASHINGTON.

—

Date of enactment. March 14, 1911; in effect October 1 1911; amended, chapter
138, acts of 1913; chapter 188, acts of 1915; chapters 28, 120, acts of 1917; chapters
67, 129, 130, 131, acts of 1919...............................
Injuries compensated.—Injuries causing disability for more than eight days, or death,
except injuries brought about intentionally.
Industries covered.—All extrahazardous employment (enumerated list and covering
clause), but not including railway employees engaged in interstate commerce; public
utilities; State, county, and municipal undertakings involving extrahazardous work.
Persons compensated.—Private employment: All employees in industries covered
by the act; including employees on the pay roll at a rate not less than the average
named in such pay roll. Public employment: All employees in industries covered
by the act.
Burden of payment.—The entire burden rests upon the employer, except as to the
medical aid fund, to which the employee contributes one-half; or an approved relief
fund may be maintained by joint action.
Compensation for death:
(a) Expenses of burial not to exceed $75 if unmarried, $100 if widow or child.
survives.
(b) To widow or invalid widower, a monthly payment of $30; to each child under
16; $5 per month, the total not to exceed $50 per month.
A widow receives in addition to monthly payments a lump sum of $250
where the burial expenses do not exceed the amount allowed.
(c) If no parent survives, a monthly payment of $10 to each child under 16
years of age, the total not to exceed $40 per month.
(d) To other dependents, if none of the above survive, a monthly payment to
each, during dependency, equal to 50 per cent of the average amount
previously contributed to the dependent, the total not to exceed $20 per
month.
(c) To the parent or parents of an unmarried minor a monthly payment of $20
until the time he would have been 21. In case of dependence, payments
to parents of minors are governed by (d).
Payments to a widow or widower cease on death or remarriage, and
to a child on reaching the age of 16 years, or 18 years if invalid. If a
widow remarries, she receives a lump sum of $240.
Compensation for disability:
(a) Proper medical, etc., services and care during the period of disability, if
temporary; if permanent, until awards are made.
(b) For permanent total disability: (1) If unmarried, $30 per month; (2) if wife
or invalid husband, but no child, $30 a month; if husband is not an in
valid, $15; (3) if married, or a widow or widower with child or children
under 16 years, $5 a month additional for each child, the total not to ex
ceed $50; if constant attendance is required, $20 per month additional.
In case of death from whatever cause, while totally disabled, death benegp fits acrue as above.
(cj For temporary total disability, payments as for permanent total disability
during disability with specified rates for first six months, according to
number of dependents.
(d) For temporary partial disability, the payment as for total disability con
tinues m proportion to the loss of earning power, if over 5 per cent.
(e) For specified permanent partial disabilities, lump sums ranging from $500 to
$2,000, in lieu of other payments, other disabilities to be compensated
proportionately; parents of an injured minor receive in addition 10 per
cent of the award to such minor.
No benefits are to be paid for the first 8 days unless the disability continues
for more than 30 days.
Monthly payments may be converted into a lump-sum payment, not over
$4,000, in case of death or permanent total disability.
Revision of benefits.—Revision may be had upon application of the beneficiary or
upon the motion of the department.
Insurance.—Insurance is required in a State accident fund.
Security of payments.—Accident fund under State control.
Settlement of disputes.—By industrial insurance department, whose decisions are
subject to review by the superior court, from which appeal lies as in other civil cases.

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 .

WEST VIRGINIA.
Date o f enactment.—February 22, 1913; in effect October 1, 1913; amended, Febru
ary 20 and March 13, 1915; ch. 131, February 13, 1919.
Injuries compensated.—All personal injuries not the result of willful misconduct
or intoxication of the injured employee, disobedience to rules of employer, failure
to use a safety device, or self-inflicted, causing incapacity for more than one week,
or death within one year.
Industries covered.—All except domestic or agricultural labor, including the State
and all government agencies.
Persons compensated.—Private employment: All employees in industries covered,
including aliens, except members of firms, traveling salesmen, persons not legally
employed, and the officers, managers, etc., of corporations. Public employment:
Included, except elective officials.
* Burden o f payment.—Employer, 90 per cent; employees, 10 per cent.
Compensation for death:
(а) Reasonable funeral expenses, not to exceed $150.
(б) To the widow or invalid widower, $20 per month, and $5 per month additional
for each child under the age of 15 years.
(c) To other persons wholly dependent, if no widow, invalid widower, or child
under the age of 15 years is left, 50 per cent of the average monthly support
received from the deceased during the preceding year, not exceeding $20
per month, for six years.
(d) If the deceased was a single minor, to a dependent parent, 50 per cent of the
earnings, not to exceed $6 per week for 6 years unless parents were only
partially dependent or deceased was under 15 years of age, then until the
time when he would have become 21.
(e) If only partial dependents survive, a compensation computed as in (c), with
the same maximum.
Payments to a widow or widower cease on remarriage, and to children on
reaching the age of 15 years unless child is an invalid. If widow or invalid
widower remarry within two years of death of employee, he or she is to be
paid 20 per cent of balance of 10 years’ benefits.
Compensation for disability:
(a) Medical, nurse, and hospital services, not exceeding $150 ($300 in special
cases, which may be increased to $600 by1!he commissioner).
(b) For temporary disability, during such disability, 50 per cent of the average
weekly earnings for not exceeding 52 weeks, except that for certain un
united fractures, etc., the period may be 78 weeks.
(c) For permanent disability, 50 per cent of wages for periods varying with degree
of disability (from 5 to 85 per cent, with special schedule for maimings),
periods ranging from 20 to 340 weeks; above 85 to 100 per cent disability,
50 per cent of wages for life.
Lump-sum payments may be substituted for periodic payments in case of
either injury or death.
Payments for all disabilities $5 minimum, $12 maximum.
Revision o f benefits.—Awards may be modified at any time.
Insurance.-*-Insurance is effected through a State fund under the control of the
compensation commissioner, or employers of approved ability may carry own risks,
giving bond for performance of requirements not less than those of the law, without
contributions from their employees.
Security o f payments.—Payments may be made only to beneficiaries, and are exempt
from claims of creditors or attachment or execution.
Settlement of disputes.—Disputes are settled by the commissioner; limited appeal
to the supreme court of appeals.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

WISCONSIN.
• Date of enactment—May 3, 1911; in effect same date; amended, chapters 599, 707,
772, acts of 1913; 121, 241, 316, 369, 378, 462, acts of 1915; 624, 637, acts of 1917; 136,
457, 568, 577, 668, 680, 692, acts of 1919.
Injuries compensated.—Personal injury by accident causing disability of at least
one week, or death, while performing service growing out of and incidental to the
employment, not intentionally self-inflicted; occupational diseases included.
Industries covered.—All, if the employer elects; election presumed where there are
three or more employees, except as to agriculture and railroads. Compulsory as to
the State and its municipalities. .
Persons compensated.—Private employment: All employees except those not
employed in the usual trade, business, or occupation of the employer, including
aliens, in the absence of contrary election. Public employment: All employees of
the State or its political subdivisions, officials excepted.
Burden of payment.—Entire cost rests upon the Employer.
Compensation for death:
(а) The reasonable expense of burial, not exceeding $100.
(б) To persons wholly dependent, a sum equal to four years’ earnings, but which
when added to any prior compensation for permanent total disability shall
not exceed six years’ earnings.
(c) If only partial dependents survive, a sum not to exceed four times the amount
provided for their support during the preceding year.
All payments are to be made in weekly installments equal to 65 per cent of
the average weekly earnings. Benefits for death resulting from intoxica
tion are reduced 15 per cent.
Dependence of children ceases at 18, unless physically or mentally incapaci
tated.
Compensation for disability:
(a) Medical, surgical, and hospital treatment for 90 days, and for such additional
time as will in the judgment of the industrial commission lessen the period
of compensation; artificial members are also to be supplied. Employee
may have Christian Science treatment unless employer elects to the
contrary.
(b) For total disability, 65 per cent of the average weekly earnings during such
disability.
(c) For partial disability, 65 per cent of loss of earning power.
(d) For certain specified injuries (mutilations, etc.), a sum equal to 65 per cent
of average weekly wages for fixed periods, ranging from 6 to 320 weeks, in
lieu of other payments.
(e) For serious permanent disfigurement, a lump sum may be allowed, not exceed
ing $750.
Payments begin with the eighth day, but if disability continues for more
than 28 days, payment is to be made for the first 7 days.
In case of temporary or partial disability the aggregate compensation for a
single injury shall not exceed four years’ earnings; for permanent disability
payments are limited to periods of from 9 to 15 years, according to the age
of the injured person. Compensation is reduced 15 per cent if injury was
due to intoxication.
Lump-sum payments may be substituted at any time after six months from
the date of injury.
Revision o f benefits.—The commission may modify or change its order or award
within 10 days if a mistake is discovered; or a review by the court may be had on
appeal within 20 days.
Insurance.—Insurance in approved companies is required unless the employer
gives proof of financial ability; but the liability of the employer may not be reduced
by such insurance.
Security o f payments.—Claims for compensation are given the same preference as
claims for labor, and are nonassignable and exempt from attachment or execution.
The industrial commission may require security for payments of awards running six
months or more.
Settlement o f disputes.—Disputes are settled by the industrial commission, subject
to a limited review by the courts.
177982°—21—Bull. 272----- 5

WORKMEN !S OOMPEJNSATION LAWS OF TH E UNITED STATES.

WYOMING.
Date of enactment.—Chapter 124, February 27,1915; in effect April 1,1915; amended,
chapter 69, acts of 1917, chapter 117, acts of 1919.
Injuries compensated.—Personal injury causing disability for more than 10 days,
or death, as a result of employment and not due to the culpable negligence of the
injured employee or to the willful act of a third person due to reasons personal to such
employee or because of his employment.
Industries covered.—Extra hazardous (enumerated list), in which three or more
workmen are employed, interstate railroads, and persons whose employment is purely
casual and not for the purpose of the employer’ s business excepted; public employ
ments and use of explosives and work 10 or more feet above ground included, without
reference to number of employees.
Persons compensated.—Private employment: All employees in industries covered.
Public employment: All employees in classes of employment designated.
Burden of payment.—All on employer.
Compensation for death:
(a) $50 for funeral expenses, unless other arrangements exist under agreement.
(b) Lump-sum payments of $2,000 to widow or invalid widower, and additional
sum, equal to $100 per year, until the age of 16 is reached for each child
under the age of 16, the total for children not to exceed $3,000. If there
are dependent parents and no spouse and no child under 16, a sum calcu
lated on a basis of 50 per cent of the monthly support of the last year’s
contribution, for the period of probable support, not exceeding $1,000.
Payments to nonresident alien beneficiaries are limited to 33J per cent of the
amounts above provided, and only the widow and children under 16 years
of age are considered.
Compensation for disability:
(a) In cases of total disability and permanent partial disability, medical attention
and care in a hospital, maximum $100.
(b) For permanent total disability, lump sum of $2,500 if single or with wife or
invalid husband, and a sum equal to $100 per year for each child under 16,
until the age of 16 is reached, the total for children not to exceed $5,500.
(c) For temporary total disability, $35 per month if single, $40 if married, and $6
monthly for each child under 16, the total monthly payment not to exceed
$60, ana the aggregate not to exceed the amount payable if the disability
were permanent.
(d) For permanent partial disability, fixed lump sums, from $225 to $1,500, for
specified injuries in lieu of other payments; others in proportion.
No payments are made for the first 10 days unless disability continues for more
than 30 days, when they date from the injury.
All payments are lump sums, except for temporary total disability.
Revision of benefits.—No provision.
Insurance.—Insurance in State fund required.
Security of payments.—Insurance under State control; payments not assignable or
subject to execution, attachment, etc.
Settlement of disputes.—Disputes are settled by the district courts of the counties,
with appeal to the supreme court of the State.

AV& jm 0$

PRINCIPAL

IA W S .

UNITED STATES—CIVIL EMPLOYEES.
Date o f enactment.—Public No. 267, September 7, 1916; in effect same date.
Injuries compensated.—Personal injuries sustained while in the performance of duty,
not due to intoxication, willful misconduct, or intention to bring about injury, causing
death within 6 years, or disability for more than three days.
Industries covered.—All civilian employments of the United States Government
and the Panama Railroad Co.
Persons compensated.—All civil employees of the United States and of the Panama
Railroad Co.
Burden of payment.—All on the employer.
Compensation for death:
(a) $100 burial expenses, and transportation of body of resident of the United
States dying away from home, if relatives desire it.
(b) To widow or dependent widower alone, 35 per cent of the monthly wages
of the deceased, with 10 per cent additional for each child, the total not to
exceed 66$ per cent.
(c) If no parent survives, 25 per cent to one child, and 10 per cent additional for
each additional child, the total not to exceed 66$ per cent.
(d) To dependent parents of deceased, 25 per cent if one, 40 per cent if both are
dependent; if there is a widow, widower, or child, the parents’ rights are
subordinate, and the total awards may not exceed 66$ per cent.
(c) Other dependent relatives receive benefits in smaller amounts subject to the
claims of the foregoing relatives.
Payments to a widow or dependent widower terminate on their death or
remarriage; to a child on marriage, reaching the age of 18, or if over 18 and
incapable of self-support, on becoming capable' <3 self-support; payments
to other beneficiaries are subject to the above limitations, but may in no
case continue beyond eight years.
All payments are subject to a maximum of $66.67 per month, and to a minimum
ox $33.33, unless the actual earnings are less than that amount, when the
compensation shall equal the earnings.
Compensation for disability:
(a) Reasonable medical, surgical, and hospital services and supplies.
(b) For total disability, 66$ per cent of the monthly pay during the continuance
of such disability.
(c) For partial disability , 66$ per cent of the difference in wage-earning capacity
due to such disability.
Payments are subject to the same maximum and minimum amounts as in case
of death.
Payments on account of death or permanent disability may be commuted
to lump sum.
Revision of benefits.—Awards may be reviewed at any time, either on request or by
the commission on its own motion.
Insurance.—No provision.
Security of payments.—Compensation is paid from special compensation fund.
Settlement of disputes.—The United States Employees’ Compensation Commission
decides all questions arising under the act.

W O RK M E N ’ s COMPENSATION LAWS OF THE' UNITED STATES.

UNITED STATES—WAR RISK.
Date of enactment.—September 2, 19]4; in effect same date; amended, June 12,
1917; October 6, 1917.
Injuries compensated: (1) In the case of masters, officers, and crews of merchant
vessels, death or personal injury (including disease) by the risks of war, and detention
following capture by the enemy.
(2) In the case of officers and enlisted men in the Arm / and Navy, and members
of the Army Nurse Corps (female) and Navy Nurse Corps (female), death or disability
from personal injury or disease contracted in the line of duty, but not for injury or
disease due to the willful misconduct of the victim.
Industries covered.— (1) Employment on American merchant vessels. (2) Military
and naval service, including nursing by the Army Nurse Corps (female) and Navy
Nurse Corps (female).
Persons compensated.—(1) Masters, officers, and crews of merchant vessels. (2)
Officers, enlisted men, and members of services named.
Burden of payment.—(1) On owners of vessels. (2) On Government.
Compensation for death:
(1) In merchant marine, one year’s earnings, $1,500 minimum, $5,000 maximum.
(2) In Army and Navy:
(a) Burial expenses, not exceeding $100.
(b) For widow alone, $25 per month; $10 additional for one child, $12.50
for two, and $5 each for third and fourth.
(c) For child alone, $20; for 2 children, $30; for 3, $40; and $5 each for
fourth and fifth.
(d) For a widowed mother, $20, or such part thereof as will not exceed an
aggregate of $75 taken with (6) or (c).
Payments to a widow or widowed mother continue until death or remar
riage, and to a child until the age of 18, or, if incapable of self-support,
during such incapacity.
Compensation for disability:
(1) In merchant marine, for permanent total disability, same as for death; various
percentages of the same in cases of permanent partial disability. Other
losses and disabilities may also be provided for by the Bureau of War-Risk
Insurance.
(2) In Army and Navy:
(a) Reasonable medical and surgical aid, hospital services, and artificial
limbs and other appliances as may be needed.
(b) For total disability, if single, $30 monthly; if wife alone, $45; $10 addi
tional for each child, the maximum not to exceed $75. If no wife,
but one child, $40, with $10 additional for the second child and $10
for the third. If a dependent widowed mother, $10 in addition to
the above amounts. If constant attendance is required, an addi
tional sum, not over $20 per month, may be allowed; or if perma
nently helpless and bedridden, $100 is to be paid in lieu of all other
compensation.
(c) For partial disability, if not less than 10 per cent, a proportionate per
centage of the amounts payable for total disability. A schedule of
ratings is to be formulated by the bureau.
Rehabilitation, reeducation, and vocational training are to be provided;
refusal to accept causes suspension of benefits.
In the merchant marine, (arnings continue during detention fol
lowing capture by the enemy, to be determined substantially as
provided for in case of death.
Revision of benefits.—In Army and Navy, awards reviewable at any time.
Insurance.—In the merchant marine, owners are to insure, and in default the Secre
tary of the Treasury is to act at their expense.
Security of payments.— (1) In the merchant marine, insurance is to be with the
Bureau of War-Risk Insurance, or on terms satisfactory to the Secretary of the Treasury.
(2) In Army and Navy, payments from special fund.
Settlement of disputes.—Act is administered by the Bureau oi War-Risk Insurance,
under the Secretary of the Treasury.

W O EK M E N ’ s COMPENSATION LAWS OF THE UNITED STATES. 6 9

CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.

Especially in the early commission reports was great stress laid on
the question of constitutionality, as the laws under consideration
were obviously wide departures from the principles that had been
applied theretofore. Until the decisions of the courts of several
States passing upon the constitutionality of the laws of such States
were available, there was nothing of controlling authority to which
reference could be made as directly supporting laws of this class.
There were, however, carefully worked out arguments presented in
the report of the New York commission, as well as in those of Minne
sota and Ohio, others devoting less space to this subject. In all these
it was necessary to proceed on the basis of analogies, and.it was not
until the compulsory statute of New York (ch. 674, Acts of 1910)
was considered by the courts of that State that there was any direct
judicial ruling on the points involved in compensation statutes.
This, ofcourse, is excluding from consideration the Maryland statute
of 1902, which, as already pointed out, was a cooperative insurance
law applicable only to a very limited class of employments. This
law was held unconstitutional by the court of first instance on the
ground that it deprived the parties of their right to trial by jury,
and as conferring judicial or at least quasi-judicial functions on an
executive officer. The case was not carried up, so that no opinion of
a higher court was ever secured.
However, at the present time, there is such a wealth of favorable
judicial decisions, including several by the Supreme Court of the
United States, that one can but wonder on what grounds or with
what hopes the constitutionality of such legislation can now be
challenged. Entitled to first rank as authority are the decisions of
the Supreme Court handed down March 6, 1917, upholding as con
stitutional the laws of Iowa,14 New York,15 and Washington;10 that
on the Texas statute handed down March 3, 1919,17 and one on the
Arizona law, rendered June 9, 1919.18
The Iowa statute is elective, requiring insurance, but with no
provision for a State fund; that of New York is compulsory, and
offering a State fund as an optional means of carrying the required
insurance; while that of Washington is compulsory, insurance in

m Hawkins v. Bleakly, 243 U. S. 210, 37 Sup. Ct. 255.
13 New York Central R. Co. v. White, 243 U. S. 188, 37 Sup. Ct. 247.
i®Mountain Timber Co. v. Washington, 243 U. S. 219, 37 Sup. Ct. 260.
17 Middleton v. Texas Power & Light Co., 249 U. S. 152, 39 Sup. Ct. 227.
18Arizona Copper Co. t\ Hammer, 250 U. S. 400, 39 Sup. Ct. 553.

W O RK M E N ’S COMPENSATION LAWS OF THJ^UNITED STATES.

the State fund being likewise obligatory. In the Texas case a stat
ute elective as to the employer, but compulsory on the employee
when the employer elects, was held not to violate constitutional
rights, thereby controverting the position taken on this point by the
Court of Appeals of Kentucky in declaring the law of 1914 of the
State unconstitutional,19 chiefly by reason of the alleged inequity of
such a provision.
The Arizona statute presents differences from any previously
considered by the Supreme Court, and especially in the provision
that gives the injured worker an election to accept compensation
under the act or to sue in damages. The same legislature that
enacted the compensation law enacted also a liability law giving
damages in cases in which the employee is free from negligence.
The contention was made that this option of the employee is inequi
table, the employer being deprived of property without due process
of law, and denied the equal protection of the laws, since liability is
imposed without fault, and, it is claimed, without an equivalent
protection. This contention was rejected, four justices dissent
ing.20 The majority held that no new burden of cost is added to
industry by these laws, if justly administered, but that an existing
burden is merely brought to recognition and placed upon the em
ployer as a cost of production, instead of being left upon the em
ployee, to be borne without the power of distribution.
The dissenting apinions held the view that the acts violate the
employer’s right guaranteed to him by the fourteenth amendment,
while the employee’s rights are also vitiated, inasmuch as recovery
thereunder is uncertain, delayed, and indefinite.
The form of law thus validated closely approaches, if it is not
identical in principle with, the double liability law of Montana,
which was declared unconstitutional by the supreme court of the
State in 1911 (Cunningham v. Northwestern Improvement Co., 44
Mont. 180, 119 Pac. 562); and in spite of the status thus given such
legislation by the majority opinion, it can not be regarded as con
forming to the generally approved ends of compensation legislation,
which include certainty of adjustment, the avoidance of litigation,
and such uniformity of procedure as will enable each p'arty to rea
sonably anticipate the course of events incident to the employment
relation.
In view of these decisions, it may be said that every essential fea
ture of every compensation law has been approved by this highest
authority. Moreover, this has been done without reference to au
thorizations contained in the constitution of the State of enactment.
In other words, while the court of appeals of New York found itself
19 State Journal Co. v. Workmen's Compensation Board, 161 Ky. 562, 170 S. W . 437.
*° The same justices dissented in the case, Mountain Timber Co. v. Washington, supra.

CONSTITUTIONALITY AND CONSTRUCTION OF STATUTES.

able in 1915 to sustain the compulsory law of that State,21 in con
trast to its position in 1911 as to the law of 1910,22 because an amend
ment to the State constitution authorizing such a law had been
adopted in the interval between the two acts, the Supreme Court
found it possible to sustain the law as within the fundamental
police power of the State, with reference to the amendment.
A striking illustration of the diversity of attitudes taken on the
subject is afforded by comparing the opinion of the Supreme Court
in the White case and that of the New York Court of Appeals in the
Ives case. Diametrically opposite opinions are set forth on the sub
jects of the police power, the doctrine of liability without fault, due
process of law, and the destruction of property interests. The one
regarded the theory of compensation as “ not merely new in our sys
tem of jurisprudence, but plainly antagonistic to its basic idea,” the
court being unanimous. The other likewise unanimously recognized
“ that the legislation under review does measurably limit the free
dom of employer and employee to agree respecting the terms of
employment, and that it can not be supported except on the ground
that it is a reasonable exercise of the police power of the State,” but
added: “ In our opinion it is fairly supportable on that ground.”
The present status is indicated by a summary statement citing
many cases made by Mr. Justice Pitney in the decision on the Texas
statute:
In recent years many of the States have passed elective workmen’s
compensation laws not differing essentially from the one here in ques
tion, and they have been sustained by well-considered opinions of the
State courts of last resort against attacks based upon all kinds of
constitutional objections.
And the attack and support are, if possible, even more vigorous in
regard to the compulsory laws.
In the face of this series of opinions, it would seem that the consti
tutionality of such laws would be regarded as established. However,
the law of North Dakota (1919) was attacked on the ground that it
violates the rules as to classification, in that it classed clerical em
ployments as hazardous, and so within the law, and that it interferes
with the freedom of contract guaranteed by the Constitution, as well
as with the equal privileges and immunities of citizens. All these con
tentions were overruled, both on principle and on authority (State v.
Hagan (Oct. 25, 1919), 175 N. W. 372). On the other hand, a circuit
court judge of Davidson County, Tenn., found the law of that State
objectionable to the constitution of the State, holding that the deci
sions of the Supreme Court and the courts of last resort of the States
upholding the various laws were not precedents, in view of the pecu

» Jensen t>. Southern Pacific Co., 215 N. Y . 514,109 N. E. 600;
a Ives v . South Buffalo R. Co; ;201 N. Y . 271,94 N . E. 431.

W O R K M E N ^ COMPENSATION LAWS OF THE UNITED STATES.

liar provisions of the State constitution; however, the court did cite
with approval the Kentucky and New York decisions against the
earlier laws of these States, though they have been in effect entirely
overthrown by specific rulings of the Supreme Court. When this
case came to the supreme court of the State, however, the position
taken by the lower court was rejected, and the act was declared to
be constitutional.
Under the peculiar system in vogue in Massachusetts, the question
of the constitutionality of its statute was determined in advance of
its enactment, the State senate having submitted the bill to the su
preme judicial court of the State for its opinion on this point. In
Ohio the State treasurer refused to pay a bill for supplies for the State
board of awards on the ground that the act was unconstitutional, thus
enforcing an early decision; in Washington also practically the same
method of securing prompt court review was adopted. Tn the other
States, as a general rule, interested parties raised questions attacking
the general principles of the laws, thus securing adjudication in the
customary order. The principal points will be considered in the light
of the discussions of the various courts.
DUE PROCESS OF LAW.

Naturally, in the case of such wide departure from established pro
cedure, doing away with trial by jury, questions of negligence, con
tributory negligence, and the old methods of legal process generally, and
establishing a system contemplating practically automatic compensa
tion and placing the burden of industrial accidents on the industry
rather than on any particular member of it, the question arose as to
whether or not there was a deprivation of “ liberty or property without
due process of law,” in violation of the fourteenth amendment. As to
what constitutes due process of law the Ohio Supreme Court said
(State v. Creamer, 85 Ohio St. 349, 97 N. E. 602):
Perhaps no exact definition of due process of law has been agreed
on. Judge Story defines it in his work on the Constitution, section
1935: ‘ ‘The right to be protected in life and liberty, and in the acqui
sition of property under equal and impartial laws, which govern the
whole community. This puts the State upon its true foundation for
the establishment and administration of general justice, justice of
law, equal and fixed, recognizing individual rights and not impairing
them.”
c
n Cooley on Constitutional Limitations, section 356, it is said:
“ Due process of law in each particular case means such an exercise of
the government as the settled maxims of the law permit and sanc
tion, and under such safeguards for the protection of individual
rights as those maxims prescribe for the classes of cases to which the
one in question belongs.”
The Ohio statute under consideration was an elective one, and the
court found that there was in it “ no resemblance to waiver” of any

DUE PROCESS OF LAW.

constitutional right, and in the light of the foregoing definitions
concluded:
We think that in a case such as is presented here, in which the
State itself has undertaken a great enterprise in the interest of the
general good, and in th8 exercise of its police power, and presents to
its citizens the option to join in the undertaking and receive its pro
tection and benefit on a right of action being withdrawn by the
legislature which experience has shown to be difficult of practical
enforcement, while preserving the valuable and substantial kindred
rights of action, it can not be said that in such withdrawal there is
a violation of the constitution in the respects claimed.
The elective laws of Massachusetts and Wisconsin were likewise
upheld by the supreme courts of the respective States as against the
charges that they had violated this principle, the Massachusetts court
(In re Opinion of Justices, 209 Mass. 607, 96 N. E. 308) laying par
ticular stress on the voluntary or noncompulsory features of the pro
posed law, and holding that there was nothing unconstitutional in its
proposals and requirements; while the Wisconsin court (Borgnis v.
Falk Co., 147 Wis. 327, 133 N. W. 221) considered the nature of the
administration of the law by a board and not by a court, and the
limitations of the powers of such board, as contributing to keep the
law within constitutional limits. In the principal opinion in this case
it was pointed out that the law in question was enacted in response
to an urgent public opinion in an attempt “ to solve certain very
pressing problems which have arisen out of the changing industrial
conditions of our time.” While declaring that constitutional com
mands and prohibitions must be implicitly obeyed so long as they
exist, it was held that, in the absence of an express provision, condi
tions prevailing at the time of the adoption of the constitution and
subsequent changes in social and economic affairs should be compared
and weighed, and that no attempt should be made to hold back the
legislation needed for present conditions by reason of earlier construc
tions and interpretations; and in general it may be said that statutes
of optional acceptance are not open to the charge that they deprive
one of property without due process of law, since it is of his own
choice that he becomes subject to their provisions. (Evanhoff v.
Industrial Commission, 78 Oreg. 503, 154 Pac. 106; Deibeikis v. LinkBelt Co., 261 111. 454, 104 N. E. 211.) It is sufficient to add that
statutes which have been regarded as elective have been uniformly
held not to violate due process of law. (Hunter v. Colfax Coal Co.,
175 Iowa, 245, 154 N. W. 1037; Shade v. Ash Grove Lime etc. Co.,
93 Kans. 257, 144 Pac. 249; Greene v. Caldwell, 170 Ky. 571, 186
S. W. 648; Mathison v. Minneapolis St. Ry. Co., 126 Minn. 286, 148
N. W. 71; Sexton v. Newark Dist. Tel. Co., 84 N. J. L. 85, 86 Atl.
451; Borgnis v. Falk, 147 Wis. 327, 133 N. W. 221; Mailman v.
Record Foundry & Mach. Co. (Me.), 106 Atl. 606; Shea v. North
Butte Mining Co. (Mont.), 179 Pac. 499.)

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

UNITED STATES.

*' The Supreme Court of Washington had a different problem to
meet, in that the law under consideration was one which proposed
an exclusive remedy, the question of acceptance being determined
by the statute and not left to the option of the employer. Under
this act every employer to whom it applies is required to contribute
to a fund from which payment is to be made for the injuries of
employees of persons engaged in similar industries, such payments
to be made without reference to the fault of the employer or the
negligence of the employee, and also without reference to the fact
that no workman in a contributing employer’s establishment may be
injured during the entire period for which the contributions are made.
The court (State ex rel. Davis-Smith Co. v. Clausen, 65 Wash. 156,
117 Pac. 1106) conceded that on first impression the objections con
tained in these facts constituted a persuasive argument against the
validity of the act, but added that these conditions do not furnish
an absolute test of such validity.
The test of the validity of such a law is not found in the inquiry,
Does it do objectionable things? but is found rather in the inquiry,
Is there no reasonable ground to believe that the public safety, health,
or general welfare is promoted thereby ? * * * It is not meant
here to be asserted that this [police] power is above the constitution,
or that* everything done in the name of the police power is lawfully
done. It is meant only to be asserted that a law which interferes
with personal and property rights is valid only when it tends reason
ably to correct some existing evil or promote some interest of the
State, and is not in violation of any direct and positive mandate of
the constitution. The clause of the constitution now under consid
eration was intended to prevent the arbitrary exercise of power or
undue, unjust, and capricious interference with personal rights; not
to prevent those reasonable regulations that all must submit to as a
condition of remaining a member of society.
The court then cited a number of authorities as supporting the
principles above laid down, many of the cases being those mentioned
in the earlier discussions presented in the reports of investigating
commissions of Minnesota, New York, and Ohio.
The first Montana statute was also a compulsory one, and the court
in considering it (Cunningham v. Northwestern Improvement Co.,
44 Mont. 180, 119 Pac. 562) cited and followed the Washington
opinion and reached the conclusion that the general scheme of the
act under consideration was well within the police power of the State:
If the people, represented by their legislature, are of opinion that
the public interests demand that industrial insurance ought to be
substituted in whole or in part for actions in wrongs, this court cer
tainly can not say that they are in error.
With the exception of the Court of Appeals of New York, there
fore, all the courts of last resort which passed upon the constitu
tionality of these earlier enactments held that they did not violate

DUE PBOCESS OF IA W .

the constitutional rule as to due process of law. The same view was
held by the Supreme Court of New York in its opinion in the Ives
case, quoting from the opinion of the Supreme Court of the United
States in the case of Holden v. Hardy (169 U. S. 366, 18 Sup. Ct. 383):
While the cardinal principles of justice are immutable, the methods
by which justice is administered are subject to constant fluctuation;
and the Constitution of the United States, which is necessarily and to
a large extent inflexible and exceedingly difficult of amendment,
should not be so construed as to deprive the States of the power to so
amend their laws as to make them conform to the wishes of the citi
zens as they may deem best for the public welfare without bringing
them into conflict with the supreme law of the land.
On appeal, however, the foregoing opinion wa£ rejected by the
court of appeals. As to the liability fixed by the New York com
pulsory statute, it was said that it plainly constitutes a deprivation
of liberty and property under the Federal and State constitutions
which would not be valid unless justifiable under the police power.
The economic argument was considered and the defects of the present
system were recognized.
We have already admitted the strength of this appeal to a recog
nized and widely prevalent sentiment; but we think it is an appeal
which must be to the people and not to the courts. The right of
property rests not upon philosophical or scientific speculations, nor
upon the commendable impulses of benevolence or charity, nor yet
upon the dictates of natural justice. The right has its foundation in
the fundamental law. That can be changed by the people, but not
by legislatures. * * * If such economic and sociological argu
ments as are here advanced in support of this statute can be allowed
to subvert the fundamental idea of property, then there is no private
right entirely safe, because there is no limitation upon the absolute
discretion of legislatures, and the guaranties of the constitution are
a mere waste of words.
It was further said that—
The argument that the risk to an employee should be borne by the
employer because it is inherent in the employment may be econom
ically sound, but it is at war with the legal principle that no employer
can be compelled to assume a risk which is inseparable from the work
of the employee and which may exist in spite of a degree of care
by the employer far greater than may be exacted by the most drastic
law. * * * In its final and simple analysis that is taking the
property of A and giving it to B, and that can not be done under our
constitutions.
The cases cited in the New York State investigating commission’s
report and later in the Washington and other decisions, were referred
to and distinguished as not supporting the claims made for them.
The opinion, therefore, of the New York Court of Appeals and that
given out by the Washington Supreme Court are in direct conflict.
In referring to the New York opinion the Washington court said:

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 act the [New York] court there had in review is dissimilar in
many respects to the act before us and is perhaps less easily defended
on economic grounds. The principle embodied in the statutes is,
however, the same, and it must be conceded that the case is direct
authority against the position we have here taken. We shall offer
no criticism of the opinion. We will only say that, notwithstanding
the decision comes from the highest court of the first State of the
Union and is supported by a most persuasive argument, we have not
been able to yield our consent to the view there taken.
In a later case (Stertz v. Industrial Insurance Commission, 158
Pac. 256) the Supreme Court of Washington had before it a case
where the injury was due to the wrongful act of a third party. It
was said that the State law “ positively ends the ‘ jurisdiction of the
courts’ on ‘ all phases’ of master and servant liability,” and that
“ liability for a stranger’s acts on the premises is one of those
phases * * *. It is but a slight extension of the eommon-law
assurance of a safe place .to work. Neither would it be a violation of
the due process guaranty to make the master an insurer of the work
man at the shop.1’
Before any case under a workmen’s compensation law had reached
the Supreme Court of the United States it was called upon to consider
the validity of a sort of compulsory insurance of bank deposits pro
vided for by a statute of Oklahoma. This was to be achieved by
means" of a fund maintained by contributions by banks within the
State, very much as employers are called upon to secure the payment
of awards due their injured employees by insuring in a State fund.
This law was upheld (Noble State Bank v. Haskell, 219 U. S. 104,
31 Sup. Ct. 186), and the courts of Washington, Iowa, and other
States were quick to claim the value of this judicial support of the
principle in controversy. The New York Court of Appeals, on the
other hand, when announcing its decision in the Ives case, refused
to recognize this decision “ as controlling of our construction of our
own constitution.” However, when the new compulsory law of New
York was before this court in 1915, subsequent to the amendment to
the State constitution, it was said:
Surely it is competent for the State in the provision of the general
welfare to require both employer and employee to yield something
toward the establishment of a principle and plan of compensation for
their mutual protection and advantage. The act now before us seems
to be fundamentally fair to both employer and employee. It is
plainly justified by the amendment to our own State constitution;
and the decisions of the United States Supreme Court, notably in the
Noble State Bank case, make it reasonably certain that it will be found
by that court not to be violative of the Constitution of the United
States (Jensen v. Southern Pacific Co., 215 N. Y. 513, 109 N. E. 600).
Of greatest interest, by reason of the rank of the court and the fact
that the decision was the first to be made by it on the subject, is the
opinion of the Supreme Court of the United States on the compul

DUE PROCESS OF LAW.

sory statute of New York (New York Central R. R. Co. v. White (1917)
243 U. S. 188, 37 Sup. Ct. 247). The question of due process is here
disposed of by pointing out that the common-law doctrine of the em
ployer’s liability for negligence, with its defenses of contributory neg
ligence, fellow service, and assumption of risks, “ is based upon fic
tions, and is inapplicable to modern conditions of employment,” its
application resulting in litigation that “ is unduly costly and tedious,
encouraging corrupt practices, and arousing antagonisms between
employers and employees.”
The close relation of the rules governing liability for injuries to the
fundamental rights of liberty and property is recognized; “ but these
rules, as guides of conduct, are not beyond alteration by legislation in
the public interest. No person has a vested interest in any rule of law
entitling him to insist that it shall remain unchanged for his benefit.”
Negligence is said to be “ merely the disregard of some duty imposed
by law; and the nature and extent of the duty may be modified by
legislation, with corresponding change in the test of negligence.”
The fellow-servant doctrine is characterized by “ material differ
ences in different jurisdictions,” and “ it needs no argument to show
that such a rule is subject to modification or abrogation by a State
upon proper occasion.”
The same conclusion is reached as to the subjects of assumption of
risks and contributory negligence; and it is further pointed out “ that
the entire matter of liability for death caused by wrongful act, both
within and without the relation of employer and employee, is a
modern statutory innovation, in which the States differ as to who
may sue, for whose benefit, and the measure of damages.” Depart
ures from the common-law rules have repeatedly been made by State
legislatures and by Congress as well, and these acts have been upheld
by the court.
It is true that in the case of the statutes thus sustained there were
reasons rendering the particular departures appropriate. Nor is it
necessary, for the purposes of the present case, to say that a State
might, without violence to the constitutional guaranty of “ due pro
cess of law,” suddenly set aside all common-law rules respecting lia
bility as between employer and employee, without providing a rea
sonably just substitute * * *. No such question is here presented,
and we intimate no opinion upon it. The statute under consideration
sets aside one body of rules only to establish another system in its
place. * * * The act evidently is intended as a just settlement
of a difficult problem, affecting one of the most important of social
relations, and it is to be judged in its entirety. We have said enough
to demonstrate that, in such an adjustment, the particular rules of
the common law affecting the subject matter are not placed by the
fourteenth amendment beyond the reach of the law-making power
of the State.
The decision in the Washington case (Mountain Timber Co. v.
Washington, 243 U. S. 219, 37 Sup. Ct. 260) involved another factor—

W O RK M E N ’ S COMPENSATION LAW S OF TH E UNITED STATES.

i. e., the imposition of a universal tax on employers for the mainte
nance of an insurance fund, and the question was raised whether this
tax was so excessive as to constitute deprivation of liberty or prop
erty without due process of law. The court held that unless there
was undue compensation paid there could not be an excessive burden
on the industry—this on the assumption that a reasonable compen
sation for industrial accidents was a proper burden on the industry.
Since the industry as a whole is subject to hazards, it was held not
unreasonable that the industry as a whole, and not merely such es
tablishments as might furnish the occasion for individual accidents,
should bear the burden; and, further, that it lies within the power
of the State to declare that every employer engaging in business should
make stated and fairly apportioned contributions for the maintenance
of a public fund for compensating injuries irrespective of the plant in
which the injury might be received. This power was said to go so far
as to make it proper for the State, in the interest of the safety and
welfare of its people, to prohibit any industry found to involve so
great a human wastage as to leave no fair profit beyond it.
The question of due process was raised in the discussion of the
Kentucky statute (Kentucky State Journal Co. v. Workmen’s Compen
sation Board (1914), 161 Ky. 562, 170 S. W. 1166). The State con
stitution forbids any limitation by law on the amount to be recovered
for injuries resulting in death, or for injuries to person or property.
This was held to guarantee rights which the law in question violated
by reason of the limitation of amounts, and also by the provision
that a workman might make a contract of waiver which would be
binding both upon himself and upon all persons claiming under or
through him. On rehearing, however, it was suggested that the
mere fact of waiver would not be objectionable if free choice in
making the same was secured, the court having held in the first
instance that though the act was elective in form it was in fact com
pulsory. A further objection to the act was found in the fact that
where the employer accepted the statute, the employee was auto
matically drawn into the contract and made subject to the provisions
of the law on pain of being deprived of all his causes of action.
Another provision of the statute was held to violate the employer’s
rights in that where a fatally injured workman left no dependents a
fixed amount was to be paid to the State compensation board for its
own use, barring the estate or personal representatives from any
claim. This was held to violate another provision of the constitu
tion (sec. 241), which gives a right to sue for damages in case of
injuries causing death* and the court ruled that a law to be valid
mast not thus restrict the rights of personal representatives* nor
compel contributions to the State fund. The legislature of 1916,
in the enactment of a new law, undertook to avoid the defects indi
cated*

DUE PROCESS OF LAW .

The new law was before the court of appeals of the State in June of
the year of enactment, a test case having been made to secure an
early decision as to its constitutionality (Greene v. Caldwell, 170 Ky.
571, 186 S. W. 648). It was upheld in all points, the elective pro
visions being extended to employer and employee alike. The restric
tion of the amount of recovery was held not to conflict with the
clause of the constitution forbidding the limitation of the amount of
recovery, since it was optional with the claimant to accept the com
pensation law in the first instance. Having accepted it he was not
in a position to complain of the limits set by the new law, and in
the absence of constitutional objections, the wisdom and propriety
of the law were held to be for the legislature to determine without
interference by the courts.
In connection particularly with the holding of the Kentucky court
that the provision of the law making the act binding on employees
when accepted by the employer was unconstitutional, the opinion of
the Supreme Court of the United States on this exact point is of
interest. The case involved the Texas statute (Jliddleton v. Texas
Power & Light Co., 249 U. S. 152, 39 Sup. Ct. 227), which contained
this identical provision. The contention was made that the employee
was thereby deprived of liberty and property without due process of
law, but the Supreme Court held that the employee had no vested
right to have the rules of law remain unchanged for his benefit, and
that his only loss was a part of his liberty to make a contract under
rules of law that had previously obtained. These rules being sub
ject to change in the public interest, the employee had no greater
right to object to a compulsory compensation system (made so by
the election of the employer) than has the employer when the system
is made compulsory by an act of the legislature, as in New York and
Washington.
The position of the Kentucky court as to the validity of the pro
vision requiring contributions to the expense fund is also contro
verted by the ruling of the New York Court of Appeals (Industrial
Com. v. Newman, 118 N. E. 794), upholding a provision of law
requiring contributions to a special fund where no beneficiary
survives the death of an injured workman.
EQUAL PROTECTION OF THE LAWS.

The same amendment that guarantees due process of law likewise
guarantees equal protection of the laws. The statutes of a number
of States are applicable only to designated hazardous industries, or
those that may be so classed by an administrative authority, and
their validity has been attacked on the grounds of an alleged
inequality. This form of attack has uniformly failed, even the New
York Court of Appeals, that held the first compulsory statute of that
State unconstitutional, sustaining the validity of the classification of

w o r k m e n ’s

COMPENSATION LAWS OF THE UNITED STATES.

certain employments as hazardous, as therein proposed. Another
limitation makes the law applicable only to employers of a desig
nated number of persons, as more than four or five, or some greater
number. This also was held to be a valid restriction, as the danger
from fellow servants is less in smaller establishments (Jeffrey Mfg.
Co. v. Blagg, 235 U. S. 571, 35 Sup. Ct. 167).
The Washington statute resembles that of New York in the matter
of its declared scope, using, however, the term “ extrahazardous,”
but permits joint election of employers and employees in under
takings not so classed. Classifications of the included industries are
also provided for on the basis of the hazard of the occupation, for
the purpose of distributing the burden of compensation in proportion
to relative hazard. The Supreme Court of the United States, in
passing upon the Washington statute, cited its opinion in the New
York case as presenting grounds sufficient to support the view
that such laws are not to be regarded as arbitrary and unreasonable
from the standpoint of natural justice, and that the State of Wash
ington was warranted “ in concluding that the matter of compen
sation for accidental injuries with resulting loss of life or earning
capacity of men employed in hazardous occupations is of sufficient
public moment to justify making the entire matter of compen
sation a public concern, to be administered through State agencies.”
Industrial occupations that frequently and inevitably produce per
sonal injuries may be regulated by the State and the human losses
charged against the industry either directly, as under the New York
law, or by publicly administering the compensation through a rea
sonable system of occupational taxes as in the Washington law;
and the act can not be deemed oppressive to any class of occupation
so long as the scale of compensation is reasonable.
In the hearing on the constitutionality of the Hawaiian law (Andersoji v. Hawaii Dredging Co., 24 Hawaii Sup. Ct. 97), it was ob
jected that the rulings of the Supreme Court of the United States
could not be taken as precedents, inasmuch as the law of the Terri
tory is neither limited to hazardous employments, as in New York,
nor are benefits payable from a common fund, as in Washington.
The court held, however, that laws making classifications of indus
tries are sustainable, not on account of such classifications, but in
spite of them; and that the constitutionality of the statute was not
dependent upon the system adopted for the payment of benefits.
Not unlike the foregoing were the principal objections raised to
the constitutionality of the law of Alaska (Johnston v. Kennecott
Copper Corporation, C. C. A., 1918, 248 Fed. 407), in which it was
claimed that an improper classification had been attempted in the
enactment *of a law applicable only to mining and related opera
tions, and, further, only to establishments employing five or more
persons. The act was held to apply in a uniform manner to all

EQUAL PROTECTION OF THE LAWS.

persons similarly situated, and to be a proper exercise of the legisla
tive discretion. Another objection was that the act provides no
system of insurance and no provision for the payment of compensa
tion. The court pointed out that there were certain regulations for
the security of payments, amounting to the substitution of a
system or set of rules for the one set aside by the act, and quoted
from the decision of the Supreme Court in its consideration of the
New York law; and following this and other decisions of the Su
preme Court sustaining compensation legislation, the Alaska statute
was upheld throughout.
The exclusion of farm laborers and domestic servants is held
proper by the Supreme Court on the ground that the legislature
reasonably might consider that the risks inherent*>in these occupa
tions were exceptionally patent, simple, and familiar (White case).
Similar reasoning was applied by the Supreme Court of Texas to
the work of cotton-gin laborers, who were excluded from the original
law of that State. This was approved by the Supreme Court of the
United States (Middleton case), but there must be a feeling of satis
faction that this obviously hazardous employment is now included
under the law.
The law of Maine excludes “ the work of cutting, hauling, rafting,
or driving logs,” and the act has been held constitutional (Mailman
v. Record Foundry & Machine Co. 106 Atl. 606), though with no
particular discussion of this point. The same exemption appears
in the liability law of the State, and this was held by the supreme
court to be a valid classification on the ground that the appliances
and power used in logging “ are well known and their dangers obvi
ous. The lumber business is as old as our Government, and many
of its features are familiar to employees before entering them.”
(Dirken v. Great Northern Paper Co., 86 Atl. 320.) Unconvincing
as this reasoning doubtless appears to a layman, it has seemed thus
far to suffice to retain this provision in both the liability law and
the compensation law of the State. Perhaps the exemption of
coal mines in the Tennessee statute will be similarly defended in
®ase of a challenge on this point, but the more customary classifica
tion of employments would certainly place both these occupations
in the group designated as hazardous.
The exclusion of railroad employees engaged in interstate commerce
is rather a superfluous provision, in view of the paramount and exclu
sive authority of Federal legislation in this field (Michigan Central
R. R. Co. v. Vreeland, 227 U. S. 59, 33 Sup. Ct. 192); but such an
exemption has been upheld (Mathison v* Minneapolis St. Ry. Co., 126
Minn. 286, 148 N. W. 71). And the exclusion of all employees of
common carriers by rail is justified by the Supreme Court in passing
on the Texas statute, in view of the Federal law covering interstate
177982°— 21— Bull. 272------6

w o r k m e n ’s

COMPENSATION LAWS OF THE UNITED STATES.

employees, and of c‘the difficulty that so often arises in determining in
particular instances whether the employee was employed in interstate
commerce at the time of the injury,” so that railroad employees
generally “ might better be left to common-law actions with statutory
modifications already in force, and such others as experience might
show to be called for” (Middleton case).
An objection .that was found fatal to the Montana statute was its
failure to provide equal protection, not as between different classes of
employers or of employees, but as between the employers and work
men to whom the act applied. The law in question was a compulsory
cooperative insurance statute, requiring the payment of contribu
tions to a State fund by the employer in his own behalf and in behalf
of his employees, and permitting him to recoup himself in part by with
holding from the employees’ wages fixed amounts as their contribu
tion to the fund. Designated amounts were provided as benefits for
injured workmen to be paid from this fund, but the workmen were
given the option of suing the employer in an action to recover dam
ages for injuries received. This resulted in the compulsory mainte
nance of a fund by the employers' contribution and also liability
to an action in damages after having made such contribution. This
provision of the statute, not essential to its general scheme (which had
been declared constitutional by the court), was held to be inequitable
and unjust so as clearly to invalidate the law as charging the employer
with a double liability and not affording equal protection (Cunning
ham case). It may be noted that in the local law of Maryland apply
ing to Allegany and Garrett Counties (now repealed), the option was
permitted employees of accepting benefits from the funds maintained
by contributions or to sue the employer for damages. The difficulty
which invalidated the Montana law was avoided, however, by per
mitting the employers to reimburse themselves by withholding from
subsequent contributions such an amount as would equal the judg
ment and costs incurred in the action.
Attention has already been called to the decision of the Supreme
Court upholding the Arizona statute (Arizona Copper Co. v. Hammer,
250 U. S. 400, 39 Sup. Ct. 553), although that law permits options
to the injured worker of a common-law action, suit under the liability
law if the worker is without negligence, or a claim under the com
pensation law, which is compulsory on the employer regardless of all
questions of fault or negligence on his part. (See Arizona S. Co. v.
Ujack, 15 Ariz. 382, 139 Pac. 465.) It is evident that the employer
may be insured against the liabilities imposed by the compensation
law, to which he is subject without option, and may yet be called
upon to defend a suit for damages, with the defense of fellow serv
ice abrogated, and the defenses of contributory negligence and

EQUAL PROTECTION OF THE LAWS.

assumption of risks uat all times left to the jury.” (Const., art, 18,
secs. 4 and 5.)
Objections to this situation are disposed of in the majority opinion,
four justices earnestly dissenting, with the remark that—
It is thoroughly settled by our previous decisions that a State may
abolish contributory negligence as a defense, and election of remedies
is an option very frequently given by the law to a person entitled to
an action; an option normally exercised to his own advantage, as a
matter of course.
However, the dissent finds that—
Here, without fault, the statute in question imposes liability in
some aspects more onerous than either the New York or Washington
law prescribed; and the grounds upon wrhich we sustained those
statutes are wholly lacking. The employer is not exempted from any
liability formerly imposed; he is given no quid pro c^uo for his new
burden; the common-law rules have been set aside without a reason
ably just substitute; the employee is relieved from consequences of
ordinary risks of the occupation, and these are imposed upon the
employer without defined limit to possible recovery which may
ultimately go to nondependents, distant relatives, or, by escheat,
to the State; “ the act bears no fair indication of a just settlement of
a difficult problem affecting one of the most important of social
relations ” —on the contrary, it will probably intensify the difficulties.
JURY TRIAL.

A contention made in connection with the question of due process
of law, but as a specific point, was that the system of awards pro
posed was an abrogation of the right of trial by jury, in violation
of constitutional rights. The Supreme Court of New Jersey (Sexton
case) in speaking of this point said:
This contention totally misconceives the proper construction and
effect of the constitutional provision in question. The language with
respect to this mode of trial is that it shall remain inviolable, not
that it shall be unalterable. It is therefore a privilege which may
be waived by either party and not an absolute right which is not
the subject of such a waiver.
It was pointed out that there had been for a number of years pro
visions for the waiver of the right of jury trials, and that pro
visions of this sort had been uniformly held to be constitutional.
In the foregoing case it is obvious that the matter of election or
option was of the essence of the opinion; but in Washington (Clausen
case) the subject of a fixed rule was before the court, and it was ob
jected that “ the legislature can not fix a procrustean rule for the
admeasurement of damages arising from injuries received by one in
the employment of another, ” as both parties were entitled to have the
question of right and amount submitted to a jury. The court hav
ing held, however, that for the privilege of engaging in business

WORKMEN *S COMPENSATION LAWS OF THE UNITED STATES.

of certain sorts the State might properly require contributions to
a benefit fund, it concluded that it might also require employees
entering into contract relations with employers of the foregoing
class to receive a given sum for such injuries as they might incur
during employment. In this view the legislature would be author
ized to provide that if a workman was injured while so engaged he
should receive a “ sure award in a limited sum as compensation for
his injury and in lieu thereof shall forego his common-law action
in damages therefor. * * * The desirability of this substitution
is unquestioned, and we believe that the legislature had the power to
make it without violating any principle of the fundamental law.'’
A similar conclusion was reached by another line of argument,
the court saying that “ the right of trial by jury accorded by the
constitution, as applicable to civil cases, is incident only to causes
of action recognized by law.” If, therefore, the legislature is able
to take away the cause of action on the one hand and the ground
of defense on the other and merge both into a statutory indemnity,
the right to sue has fallen and with it, of necessity, the right of
jury trial. The United States Circuit Court of Appeals, while dis
cussing the Washington statute (Raymond v, Chicago, Milwaukee
& St. Paul Railway Co., 233 Fed. 239), pointed out that the guar
anty of the Federal Constitution as to trial by jury does not pre
vent the establishment of a process of law in which trial by jury
is omitted.
In the Cunningham case (Montana) also it was pointed out that
the Constitution of the United States does not guarantee a trial by
jury in a civil action in a State court, citing a decision by the Su
preme Court of the United States. It was said, further, that the pro
vision of the State constitution that the right of trial by jury shall
be secured to all and remain inviolate had been construed by the
court as applying only to those cases wherein a right of trial by
jury existed at the date of the adoption of the constitution.
It was held, therefore, that such guaranty would have no refer
ence to claims against an hfdemnity fund such as are provided for
by the act in question, since the adjustment of claims under the
act is administrative and not judicial, nor does due process of law
necessarily require a jury trial, citing Montana Co. v. St. Louis
Min. Co. (152 U. S. 160, 14 Sup. Ct. 506).
The Supreme Court of Massachusetts pointed out that under the
law of that State an employee retained the right to jury trial as to
the facts as to whether the employer had insurance and whether the
employee had given the statutory notice not to be bound by the act;
but failure to give such notice was a waiver of the right to trial by
jury, which was not a compulsory deprivation, but optional with the
employee. (Young v. Duncan, 106 N. E. 1.) The elective character

JU RY TRIAL.

of the Illinois statute was also pointed out by the supreme court of
that State, as relieving the law of the charge of depriving parties of the
right of trial by jury (Deibeikis v. Link-Belt Co., 261 111. 454, 104 N.
E. 211); of the Iowa law, by the Supreme Court of Iowa (Hunter v.
Colfax Consol. Coal Co., 175. Iowa 245, 154 N. W. 1037); of the
Pennsylvania law, by the Supreme Court of Pennsylvania (Anderson
v. Carnegie Steel Co., 99 Atl. 215); of the Rhode Island law, by the
Supreme Court of Rhode Island in sustaining its constitutionality
(Sayles v. Foley, 38 R. I. 484, 96 Atl. 340), and, more recently, of
the Montana law, by the Supreme Court of Montana (Shea v. North
Butte Mining Co., 179 Pac. 499).
Somewhat broader in its form was the charge made against the
New York statute that it deprives plaintiffs of their right to recover
for torts, in reply to which the court of appeals declared that there
is no deprivation, but a substitution, which, if restricted, is yet a
remedy, and this restriction may be viewed as the employee’s contri
bution to the insurance fund, the employer discharging his obliga
tion by the payment of premiums. (Jensen v. Southern Pacific Co.,
supra.)
The matter was disposed of by the Supreme Court of Texas by
saying that the right of trial by jury can not be claimed in an in
quiry that is nonjudicial in its character or with respect to proceed
ings before an administrative board, such as the accident board pro
vided for by the act (Middleton v. Texas Power & Light Co., 185 S.
W. 556), while a district court of the United States emphasized the
elective nature of the Iowa statute, saying that the constitutional
guaranty of the right of trial by jury, as well as of liberty to contract
and of due process of law, could be waived, either expressly or by
common consent or acquiescence (Hawkins v. Bleakly, 220 Fed.
378).
The mode of determining disputes by a board of arbitrators, or by
reference to the State commission, thus doing away with trial by
jury, was offered as an objection to the constitutionality of the law
of Maryland (Solvuca v. Ryan & Reilly Co., 101 Atl. 710). The court
held that the constitution of the State was not violated in allowing
awards without jury trial, since the award may be reviewed “ by a
proceeding in the nature of an appeal,” initiated in the court having
jurisdiction in the locality, and since, upon the hearing of such an
appeal, any question of fact involved may be submitted to a jury.
The Supreme Court, in passing upon a similar contention in the case
of New York Central R. R. Co. v. White, stated that “ the denial of
a trial by jury is not inconsistent with ‘ due process’
no question
was made but that the procedural provisions of the act are amply
adequate to afford the notice and opportunity to be heard required
by the fourteenth amendment. The Washington law entirely with

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 .

draws from private controversy the question of relief for accidental
injuries in industrial employments, substituting therefor a remedy
by compensation to the exclusion of every other remedy, except as
otherwise provided in the act itself. As to this provision the seventh
amendment to the Constitution of the United States, preserving the
right of trial by jury, was invoked by the plaintiffs. On this point
the court said:
It is conceded that this has no reference to proceedings in
the State courts (citing Minneapolis & St. Louis K. Co. v. Bombolis, 241 U. S. 211, 36 Sup. Ct. 595); but it is urged that the
question is material for the reason that if the act be constitutional it
may be followed in the Federal courts .in cases that are within its
provisions. So far as private rights of action are preserved, this is
no doubt true; but with respect to those we find nothing in the act
that excludes a trial by jury. As between employee and employer
the act abolishes all right of recovery in ordinary cases, and there
fore leaves nothing to be tried by jury.
The Iowa statute is elective, instead of compulsory, and the Su
preme Court, in addition to saying that jury trial is not one of the
rights secured by the fourteenth amendment, held election to be a
waiver of the right, though the State was at liberty either to abolish
or limit such right if it saw fit so to do. (Hawkins v. Bleakly, 243
U. S. 210, 37 Sup. Ct. 255.)
Superseding the earlier elective law of Ohio is a compulsory one,
which provides that an employer failing to contribute to the State
fund must pay his injured workmen such sums as the State commis
sion may award, if the employee makes claim through the commis
sion. Failure of the employer to pay the award subjects him to a
penalty of 50 per cent. This was held constitutional, since the State
constitution authorizes a compulsory law, which would include
reasonable provisions to make the law effective. The State will
enforce the payment, in a*proceeding that involves a jury trial, with
the one question removed as to the amount of the recovery, which
is fixed pursuant to statute; so that there is no denial of right of trial
by jury as to any issue which the employer is entitled to raise. The
acts of the commission are administrative and not judicial, so that
there is no unlawful transfer of powers. There is therefore no denial
of due process or of equal protection of the law (Fassig v. State, 95
Ohio St. 232, 116 N. E. 104).
LIABILITY WITHOUT FAULT.

Perhaps the ground on which the New York Court of Appeals most
strongly condemned the first compulsory law of that State was that
it charged the employer with a liability without fault. The point
was argued at considerable length, and the cases offered in support
of such liability were examined and held to be inapplicable to the

LIABILITY WITHOUT FAULT.

questions under consideration by the court, and the conclusion was
therefore reached that the law in question contained no justifying
provision that would warrant the imposition of such liability.
It contains not a single provision which can be said to provide for
the safety, health, or morals of the employees therein specified, nor
to impose upon the enumerated employers any duty or obligation de
signed to have that effect. It does not affect the status of employ
ment at all, but reads into the. contract between the employer and
employee without the consent of the former a liability on his part
which never existed before and to which he is permitted to interpose
practically no defense, for he can only escape liability when the em
ployee is injured through his own willful misconduct (Ives case).
The Supreme Court of Washington (Clausen case) held with
equal vigor that the valuable ends in view and the reasonable pro
visions of the law for the securing of those ends warranted the impo
sition of such liabilities as were enforced by the law of that State, so
that in the exercise of the police power for the promotion of the wel
fare of the State, a sufficient warrant existed for the fixing of the lia
bility in question, citing in this connection an extended list of cases,
some of which the New York court had noted and distinguished.
In a case decided by the Supreme Court of Wisconsin (City of Mil
waukee v. Miller, 144 N. W. 188), in discussing the nature of com
pensation laws, the court referred to the old rule of liability as being
based on “ the common-law principle that he who tortiously injures
another in his person or his property incurs a legal liability to make
good to that other all the loss which is directly and naturally caused
thereby, regardless of any element of reasonable anticipation of
consequences.” The court then said:
This extreme and rather harsh rule is characterized by a penal
element, grounded on the moral turpitude of the wrongful act.
Under the statutory system for dealing with personal injury losses
incident to performance of the duties of an employer they are re
garded as mutual misfortunes to be charged up, as directly as prac
ticable, to the cost of production. The right to have the employer
regarded as an agency to make payment to the employee and absorb
the same as an expense of the industry, regardless of whether the
loss is attributable to any human fault, is a legislative ereati on
within the constitutional exercise of the police power to legislate for
the public welfare.
The Supreme Court of California took up the question in very
much the same manner as that of Washington, assuming the power
of the legislature to declare a liability without fault as a matter of
public policy. It pointed out that it was generally admitted that the
common-law defenses of the employer can be abrogated, and declared
that the rule of fault was neither more sacred nor more necessary.
At common law, in the absence of fault, the burden of the accident

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 .

fell on the employee; and by declaring the liability of the employer
in such cases, the legislature was simply exercising its right to shift
the burden to the employer, and through him to the industry. It was
held that no vested right was disturbed, the statute not being retro
active, and that what was effected was simply a readjustment of the
employment status, not forbidden by the fourteenth amendment
(Western Indemnity Co. v. Pillsbury, 151 Pac. 398). It may be
mentioned in this connection that the Arizona compensation law
specifically abrogates “ the common-law doctrine of no liability with
out fault,” in so.far as it might be pleaded with reference to the classes
of accidents covered by the act; and the courts uniformly rule that
the negligence of the employer need not be proved in proceedings
under the compensation laws, the question being not one of the right
to recover damages for a tort, but one of the grant of a different right
based on the status of the employee as such.
The establishment of this principle was 'strongly criticized by the
appellant railroad company in the New York case before the Supreme
Court (New York Central R. Co. v. White), due, presumably, to the
fact that the earlier New York statute had been declared unconstitu
tional by the court of appeals of the State largely, and perhaps
chiefly, on the ground that it charged the employer with liability
without fault.
The Supreme Court held that the establishment of a compulsory
system relating to hazardous employments was not an unreasonable
or arbitrary application of legal principles, since the undertaking is
one in which the workman is engaged by mutual consent of employer
and employee in an operation intended to be advantageous to both.
Considering the probability of physical injury or loss of life through
industrial accident, entailing the loss of self-support, and in fatal
cases depriving widows and orphans of their natural protection, it
was held to be but reasonable on grounds of natural justice that
there should be a contribution in reasonable amount, according to
a reasonable and definite scale, by way of compensation for the loss
of earning power—“ that which stands to the employee as capital in
trade” —incurred in the common enterprise, and that without
regard to the question of negligence or fault. As an offset to this
responsibility, it is pointed out that the employer is relieved from a
liability for damages rated by common-law standards, and payable
only in cases where fault is proved.
Nor can it be deemed arbitrary and unreasonable, from the stand
point of the employee’s interest, to supplant a system under which
he assumed the entire risk of injury in ordinary cases, and in others
had a right to recover an amount more or less speculative upon
proving facts of negligence that often were difficult to prove, and
substitute a system under which, in all ordinary cases of accidental

LIABILITY WITHOUT FAULT.

injury, he is sure of a definite and easily ascertained compensation,
not being obliged to assume the entire loss in any case, out in all
cases assuming any loss beyond a prescribed scale.
While the loss is primarily laid upon the employer, it “ is a loss
arising out of the business/ and, however it may be charged up, is a
expense of the operation, as truly as the cost of repairing broker
machinery or any other expense that ordinarily is paid by th<
employer.”
It was added “ that liability without fault was not a novelty v
the law. -The common-law liability of the carrier, of the innkeeper
of him who employed fire or other dangerous agency or harbored a
mischievous animal, was not dependent altogether upon questions
of fault or negligence. Statutes imposing liability without fault
have been sustained.” (Cases cited.)
While the question was apparently not raised in this specific form
in the consideration of the Washington statute, the point was clearly
covered in the ruling that the levying of a tax on all employers in an
industry, regardless of the occurrence or nonoccurrence of accidents
in their particular establishments during any given period, was
neither arbitrary nor unreasonable.
A quite recent (1918) decision by the New York Court of Ap
peals says:
An award under the workmen’s compensation law is not made
on the theory that a tort has been committed; on the contrary, it
is upon the theory that the statute giving the commission power to
make an award is read into and becomes a part of the contract.
* * * These payments are made irrespective of whether or not
the employer was guilty of wrongdoing. It is a part of the com
pensation agreed to be paid for services rendered in the course of
the employment (Doey v. Howland Co., 120 N. E. 53).
In passing upon this point in the Arizona case the Supreme
Court said:
We are unable to say that the employers’ liability law of Arizona,
in requiring the employer in hazardous industries to assume—so far
as pecuniary consequences go—the entire risk of injury to the
employee attributable to accidents arising in the course of the
employment and due to its inherent conditions, exceeds the bounds
of permissible legislation or interferes with the constitutional rights
of the employer. The answer that the common law makes to the
hardship of requiring the employee to assume all consequences, both
personal and pecuniary, of injuries arising out of the ordinary dan
gers of the occupation, is that the parties enter into the contract
of employment with these risks in view, and that the consequences
ought to be and presumably are, taken into consideration in fixing
the rate of wages. In like manner the employer, if required—as he
is by this statute in some occupations—to assume the pecuniary loss
arising from such injury to the employee, may take this into con

WORKMEN ?S COMPENSATION LAWS OF THE UNITED STATES.

sideration in fixing the rate of wages; besides which he has an
opportunity, which the employee has not, to charge the loss as a
part of the cost of the product of the industry.
There is no question here of punishing one who is without fault.
That, we may concede, would be contrary to natural justice. The
statute requires that compensation shall be paid to the injured
workman or his dependents, because it is upon them that the first
brunt of the loss falls; and that it shall be paid by the employer,
because he takes the gross receipts of the common enterprise, and
by reason of his position of control can make such adjustments as
ought to be and practically can be made, in the way of reducing
wages and increasing the selling price of the product, in*order to
allow for the statutory liability. There could be no more rational
basis for a discrimination; and it is clear that in this there is no
denial of the “ equal protection of the law.”
ABROGATION OF EMPLOYERS’ DEFENSES.

• In a number of cases the question was raised as to the power of
the legislature to abolish the defenses of fellow service, contributory
negligence, and assumption of risks, as was done in most of the laws
providing for compensation. There was, however, little disagree
ment by the courts on this point, the New York Court of Appeals
saying that the power of the State to make changes in methods of
procedure and the rules of law was clearly recognized.
We have said enough to show that the statutory modifications of
the “ fellow-servant” rule and the law of “ contributory negligence”
are clearly within the legislative power. These doctrines—for they
are nothing more—may be regulated or even abolished. This is
true to a limited extent as to the assumption of risk by the em
ployee (Ives v. South Buffalo Ry. Co., supra).
The Massachusetts court (opinion of justices) said that the rules
of law relating to these three defenses were established by the courts,
not by the constitution, and that the legislature may change them or
do away with them altogether as defenses. The courts of Wisconsin,
New Jersey, and Ohio agree with the opinion of the Massachusetts
court, the Ohio court (Creamer case) saying that as to the right to
abolish the defense of assumption of risks the great weight of author
ity is against the New York court, holding that it is subject to the
same complete legislative control as the other defenses made. The
Supreme Court of Appeals of West Virginia, speaking on this point,
says that “ the defenses inhibited or barred are such as the legisla
ture had a clear right to eliminate for reasons of public policy ”
(De Francesco v. Piney Mining Co., 86 S. E. 777).
See also Deibeikis v. Link-Belt Co., 261 111. 454, 104 N. E. 211;
Mathison v. Street Ry. Co., 126 Minn. 286, 148 N. W. 71; Wheeler
v. Contoocook Mills, 77 N. H. 551, 94 Atl. 265; State v. Creamer,
85 Ohio St., 349, 97 N. E. 602; Middleton v. Texas Power & Light
Co., 108 Tex. 96, 185 S. W. 556, etc.

ABROGATION OF EMPLOYERS ’ DEFENSES.

Despite the uniform attitude of the State courts on this question*
the point was raised in the cases before the Supreme Court already
cited. In discussing the New York case, the defenses of fellow service,
assumption of risks, and contributory negligence were taken up sepa
rately and briefly discussed, the conclusion being that “ it is not neces
sary to extend the discussion. This court has repeatedly upheld the
authority of the States to establish by legislation departures from
the fellow-servant rule and other common-law rules affecting the
employers’ liability for personal injuries to their employees.” (Cases
cited.) This position is not to be interpreted as warranting a sudden
setting aside of all common-law rules respecting the employer’s
liability without providing a reasonably just substitute:
The statute under consideration sets aside one body of rules only
to establish another system in its place. * * * The act evidently
is intended as a just settlement of a difficult problem, affecting one
of the most important of social relations, and it is to be judged in its
entirety.
The Washington law, of course, eliminates the entire subject of
defenses by eliminating the right of action for damages; while in the
Iowa law a qualified right remains, dependent upon the attitude of
employer and employee, respectively, as accepting or rejecting the
act. When the employer rejects, under the Iowa statute, he is
deprived of these defenses whether the employee has accepted or
rejected, whereas if he accepts the law, and the employee alone
rejects, all defenses are retained by the employer in any suit brought.
We can not say that there is here an arbitrary classification within
the inhibition of the “ equal protection” clause of the fourteenth
amendment. All employers are treated alike, and so are all em
ployees, and if there be some difference between employer and em
ployee respecting the inducements that are held out for accepting
the compensation features of the act, it goes no further than to say
that, if neither party is willing to accept them, the employer’s lia
bility shall not be subject to either of the several defenses referred
to. As already shown, the' abolition of such defenses is within the
power of the State, and the legislation can not be condemned when
that power has been qualifiedly exercised, without .unreasonable
discrimination.
EXERCISE OF JUDICIAL POWERS.

Most of the laws in question provide for their administration
and the settlement of disputes by boards or commissions, and these
provisions were made the grounds of attack on their constitution
ality as conferring judicial powers upon nonjudicial officers. In no
case was the contention of unconstitutionality admitted, though the
courts fouAd different grounds for sustaining the various laws, and
indeed the laws themselves differ somewhat in regard to the powers
and prerogatives of the administrative bodies.

w o r k m e n ’s c o m p e n s a tio n la w s o r t h e u n it e d s t a t e s ;

The Montana law conferred certain duties upon the State auditor,
which were held by the supreme court of that State to be adminis
trative and not judicial, while the suggestion that he might in cer
tain cases be called upon to exercise judicial power was said to be
of no persuasive force, since such procedure would be altogether
voluntary on his part and he might resort to the courts if he so
desired (Cunningham v. Northwestern Improvement Co., supra). Its
present law is administered by a commission or board, of which it is
said that “ it is true that many of the functions exercised by the
board are judicial in character,” but it is, nevertheless, not vested
with judicial power within the constitutional meaning of that term,
being “ a purely administrative body,” without power to render an
enforceable judgment (Shea v. North Butte Mining Co., supra).
The industrial commission provided for in the Wisconsin statute
was said by the court of that State not to be a court, and the act
was construed as not vesting in this commission judicial powers
within the meaning of the constitution. “ It is an administrative
body or arm of the Government, which in the course of its admin
istration of the law is empowered to ascertain some questions of fact
and apply existing law thereto, and in so doing acts quasi-judicially;
but it is not thereby vested with judicial power in the constitutional
sense.” It was held that the act made no attempt to confer on the
board power to consider and determine its own jurisdictional author
ity, but that courts were open for appeals from its findings on any
one of three grounds: First, that the board acted without or in excess
of its powers; second, that the award was procured by fraud; and,
third, that the findings of fact did not support the award. In view
of these provisions the court held that there was no violation of the
constitution in conferring such powers on the commission as it was
authorized to exercise. (Borgnis v. Falk, 147 Wis. 327, 133 N. W.
221; see also Menominee Bay Shore Lumber Co. v. Industrial Com
mission, 156 N. W. 151, where the ruling that the commission is not a
court was incidental to a decision that a minor needs no guardian in
order to appear before it.)
Similar considerations were involved in the discussion of the Ohio
statute, and like conclusions were reached by the court in this case
(State v. Creamer, supra). It was said that the board t)f awards
created by the act was purely an administrative agency with duties
relating to the creation and administration of the insurance fund,
and the fact that it is empowered to classify persons to come under
the law and to ascertain facts as to the application of the fund does
not invest it with judicial power within the constitutional sense; so
also of the Texas statute (Middleton v. Texas Power & Light Co.),
and that of Kentucky (Greene v. Caldwell); and of Maryland (Solvuca
v. Ryan & Reilly Co., 101 Atl. 710).

EXERCISE OF JUDICIAL POWERS.

The law authorizing the industrial accident board of Michigan
was held not to be unconstitutional, on the ground that it is merely
an administrative agency available at the option of the parties inter
ested (Mackin v. Detroit-Timkin Axle Co., 187 Mich. 8, 153 N. W.
49). In Iowa also it was held that though the right of appeal from
the decisions of the commission was more restricted than under the
laws of a number of other States, there was no excessive delegation of
judicial powers, since the conditions and amounts of awards are
fixed by statute, and further, an acceptance of the act must precede
its application (Hunter v. Colfax Consol. Coal Co.; Hawkins v. Bleakly,
220 Fed. 378). The elective nature of the law was held by the
Supreme Court of Illinois to obviate any difficulty that might other
wise arise on the ground of the exercise of judicial powers by tho
commission of that State (Deibeikis v. Link-Belt Co.).
In all the foregoing cases the nonjudicial character of the boards
and commissions was affirmed, but the courts of several States adopt
another view for identical agencies. therein. Thus it was said by
the Supreme Judicial Court of Massachusetts that for certain pur
poses and in certain respects the commission on arbitration and the
industrial accident board, provided for by the compensation law of
the State, should be classed as courts, though the members are not
judicial officers within the constitution. However, as they have power
to summon witnesses, administer oaths, make rulings, and render
decisions they are in a sense courts, in which proceedings may be had
which correspond to actions (Pigeon v. Employers’ Liab. Assurance
Corp., 102 N. E. 932). But in a later case this court defined the
industrial accident board of the State as being not a court of general
or limited common-law jurisdiction, but solely an administrative
tribunal, created to administer the compensation law in aid and with
the assistance of the superior courts. The essential prerequisites of
the act as prescribed by itself must be observed, and the authority of
the board can not be enlarged or diminished by express consent or
waived by acts of estoppel (In re Levangie, 117 N. E. 200).
The Supreme Court of California found the powers of the accident
commission of that State to be those of a court, the law giving to it
“ full power, authority, and jurisdiction to try and finally determine”
all proceedings for the recovery of compensation, which are “ pre
cisely the same functions that are performed by any court in passing
upon questions brought before it.” Power thus to act is held to be
given by the amendment to the constitution of the State authorizing
the enactment of the law.and the creation of the board with authority
to settle disputes (Western Metal Supply Co. v. Pillsbury, 156 Pac.
491; Carstens v. Pillsbury, 158 Pac. 218). The fact that the com
mission is held to have such a status entails the necessity of a pro
cedure in conformity to the standing of a court, in compliance with

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 .

constitutional requirements as to due process of law. This was held
to restrict somewhat the power of the commission to proceed infor
mally, to waive the customary rules as to evidence, etc. (Carstens
case).
In discussing its law the Supreme Court of Oregon held that the
constitution of the State gave the legislature authority to set up new
courts if the three departments of the government, legislative, exec
utive, and judicial, are kept properly separate (Evanhoff v. In
dustrial Accident Commission, 78 Oreg. 503, 154 Pac. 106). Evi
dently, the peculiar limitations of the State constitutions afford
ground for diverse rulings on the power to establish courts, while
the functions of the commissions also vary; but, on one ground or
another, the authority of these bodies has been unanimously upheld.
Somewhat different was the point raised against the statute of
Rhode Island, the contention being made that the provision of the
act which authorizes employers to maintain benefit schemes as a sub
stitute for the provisions of the act amounted to a delegation of
legislative powers. This was overruled by the supreme court on the
ground that the establishment and acceptance of such schemes was
optional, and not binding as a law would be (Sayles v. Foley, 38
R. I. 484, 96 Atl. 340).
The status of the administrative bodies provided for by the laws
under consideration was not considered, except in a general way, by
the Supreme Court in the case noted above, though their authority
was, of course, assumed in so far as the validity of awards made with
out jury trial was upheld. In the White case, the New York com
mission was said to have Cladministrative and judicial functions,
including authority to pass upon claims to compensation on notice
to the parties interested. * * * No question is made but that
the procedural provisions of the act are amply adequate to afford
the notice and opportunity to be heard, required by the fourteenth
amendment.”
The Iowa statute calls for an arbitration committee appointed for
the case in hand, with power of review lodged in an industrial com
missioner. This results in what the Supreme Court characterized
as an “ administrative tribunal,” powers of judicial review remaining
in the courts (Hawkins v. Bleakly, citing the decision of the Supreme
Court of Iowa in the case; Hunter v. Colfax Consolidated Coal Co.,
supra).
Whatever may be lacking in uniformity of reasoning in the citations
on this point, there is complete agreement that in the establishment
and authorization of the various administrative commissions no new
courts have been created or judicial power delegated in such wise as
to offend the provisions of the Federal or State constitutions.

W O R K M E N S COMPENSATION LAWS OF THE UNITED STATES.

FREEDOM OF CONTRACT.

The compulsory laws of New York and Washington were, because
of their nature, subjected to scrutiny on the ground that they inter
fered unconstitutionally with the freedom of contract, and in the
Ives case (New York) it was held that this was unwarrantably done,
reading into the contract between the employer and employee, and
without the employer’s consent, a new liability to which he can inter
pose practically no defense. In the Clausen case (Washington) it
was said that personal rights, such as that of contract, are not absolute.
“ On the contrary, it has been many times said that there is no ab
solute right to do as one will, to assume any calling one desires, or
contract as one chooses; that the term ‘liberty’ means absence of
arbitrary restraint, not immunity from reasonable regulations and
prohibitions imposed in the interests of the community,” citing
Frisbie v. United States (157 U. S. 160, 15 Sup. Ct. 586). Other
opinions cited were Holden v. Hardy (169 U. S. 366, 18 Sup. Ct. 383),
in which the Supreme Court, speaking of the power to limit the hours
of labor a workman may be employed in underground mines, said:
“ This right of contract, however, is itself subject to certain limitations
which the State may lawfully impose in the exercise of its police
powers' , and State v. Buchanan (29 Wash. 602, 70 Pac. 52), in which
a law limiting the number of hours of labor that women might be
employed in a day was held constitutional, although requiring the
yielding of individual rights.
The Supreme Court of Massachusetts (opinion of justices) found
no difficulty in disposing of the question of freedom of contract
because of the elective or optional feature of the State law, by reason
of which employers and employees were alike at liberty to choose
whether or not they would accept the provisions of the statute.
As to the Wisconsin law it was contended that while -it in form
presented to employers and their workmen a free choice as to ac
ceptance or rejection of its terms, it was in fact coercive, since the
employer is constrained by the abolition of his defenses to accept
the act, while the employee will feel himself obliged to come within
its provisions for fear of discharge if he does not accept. The court
assumed that certain employers would feel themselves able ade
quately to safeguard their workmen and carry their own risks under
the liability laws of the State, even with the defenses abrogated,
since under the circumstances of their establishments they would
consider that preferable to assuming the burdens of the compensa
tion law. So also it was argued that in all probability a great body
of workmen, especially the unskilled classes, would be glad to secure
a certain compensation in case of injury instead of accepting the
uncertainties of a lawsuit. This phase of the subject was dismissed
as being speculative and conjectural, since no one could say what

WORKMEN *S COMPENSATION LAWS OF THE UNITED STATES.

the practical operation of the law would be. “ ‘ It is enough for*our
present purpose that no one can say with certainty that it would
operate to coerce either employer or employee” (Borgnis case).
The same situation was developed in the Ohio opinion on the
earlier (elective) law, in which it was said that “ it is urgently in
sisted that while the law is apparently permissive and leaves its
operation to the election of the employer and employees, it is really
coercive.” The law in question deprived the employer of certain
defenses if he failed to elect, election by the employee being pre
sumed if he continued in service, but he might sue in certain cases
of the employer’s negligence. The system thus provided was held
by the court not to be coercive on account of the common-law and
statutory rights still preserved to the parties. “ As was said in the
Wisconsin case, ‘ Laws can not be set aside upon mere conjecture or
speculation. The court must be able to say with certainty that an
unlawful result will follow.’ We do not see how such a thing could
be said here” (Creamer case).
The New Jersey Supreme Court took the same view, holding that
no coercion was exercised upon either party to the contract of hire.
There are two principal parts of the law—one a stringent liability
law, and the other a compensation statute—and both parties are
free to choose under which of them the employment is to stand. It
is provided that in the absence of notice of rejection acceptance of
the compensation system is presumed. It was said that it would
have been quite as competent for the legislature to have adopted
other alternatives, but in its wisdom the particular choice made was
the one adopted.
Really, the matter comes down to a question of presumption or
burden of proof, which it is entirely within the control of the legis
lature to regulate so long as the parties are left entirely free to make
whatever contract they choose, as they are in this case. We are
therefore of the opinion that, as against the objections taken, section
2 is constitutional. [Sexton case.]
To the general charge that the laws interfered with freedom of
contract, the supreme courts of Illinois and Iowa in the cases already
cited (p. 173) give the answer that the statutes are elective, and that
if the parties elect they can not complain of the consequences; so also
of the right of the parties to waive remedies otherwise provided and
subject themselves to such inquiries as to violate the provisions of
law as to unreasonable search and seizure, their acceptance of the act
being voluntary.
More specifically the point of the restriction of freedom is raised
against the presumptions as to election. The Supreme Court of Min
nesota held that the law of that State was not vitiated as a voluntary
and optional one, because express disavowal of its provisions was re

FREEDOM OF CONTRACT.

quired (Mathison v. Minneapolis St. Ry. Co.); while the Massachu
setts court declared that a requirement which provides that the law
must be rejected at the time of hiring if the employee does not wish
to come under it is reasonable (Young v. Duncan). Of this provi
sion the Michigan Supreme Court, speaking of the presumption that
the employee will accept where the employer elects, said that the
former has a knowledge of the law and a presumptive notice of his
employer’s action, there being merely an establishment by the legis
lature of a presumption which can be overcome, the purpose being to
avoid uncertainty (Mackin v. Detroit-Timkin Axle Co.).
Considerable stress was laid by the appellants in the White case,
when it was before the Supreme Court, upon the effect of the New
York law in depriving the parties to the labor contract of their con
stitutional rights of freedom in the making of contracts to render
service or to employ labor, citing declarations made by the court
in recent cases (Coppage v. Kansas, 236 U. S. 1, 35 Sup. Ct. 240;
Truax v. Raich, 239 U. S. 233, 36 Sup. Ct. 7) in which certain laws
were held unconstitutional as interfering with the right of personal
liberty involved in the making of contracts for employment. As to
this the court said:
It is not our purpose to qualify or weaken either of these declara
tions in the least, and we recognize that the legislation under review
does measurably limit the freedom of employer and employee to
agree respecting the terms of employment, and that it can not be
supported except on the ground that it is a reasonable exercise of the
police power of the State. In our opinion it is fairly supportable on
that ground. And for this reason: The subject matter in respect of
which freedom of contract is restricted is the matter of compensa
tion for human life or limb lost or disability incurred in the course
of hazardous employment, and the public has a direct interest in
this as affecting the common welfare.
The authority of the State to prohibit contracts made in deroga
tion of a lawfully established policy respecting compensation for
accidental death or disabling personal injury was said to be clear.
It was pointed out that no safety provisions, nor regulations directly
tending to protect life and health, appear in the New York statute.
But the interest of the public is not confined to these. One of the
grounds of its concern with the continued life and earning power of
the individual is its interest in the prevention of pauperism, with its
concomitants of vice and crime, and, in our opinion, laws regulating
the responsibility of employers for the injury or death of employees
arising out of the employment bear so close a relation to the pro
tection of the lives and safety of those concerned that they properly
may be regarded as coming within the category of police regulations.
Objections were also raised to the Washington statute as coming
between the employer and the employee in the matter of the labor
contract. The court held, however, that the police power of the
177982°—21—Bull. 272----- 7

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 .

State carries with it a wide range of judgment and discretion as to
the matters that are of sufficiently general importance to be brought
under State control and administration. The public welfare is suf
ficient warrant for the exercise of such powers as are made use of
in the compensation law to regulate the conditions of contract, no
less with reference to those who are disabled or who are dependents
of those fatally injnred in the industrial occupations necessary to
the development of the resources of the State than for the support
by a system of pensions of disabled soldiers and the widows and
dependents of those killed in war. The fact that the compensation
system is not confined to those who are left without means of sup
port is not an objection to its validity, since to make such limitations
would be to discriminate against the thrifty in favor of the improvi
dent.
We are unable to discern any ground in natural justice or funda
mental right that prevents the State from imposing the entire burden
upon the industries that occasion the losses.
In passing upon the law of Texas, which makes acceptance of the
law binding on employees remaining in the service of an employer
who accepts the act, the Supreme Court said:
A moment’s reflection will show the impossibility of giving an
option both to the employer and to the employee and enabling them
to exercise it in diverse ways. * * * What plaintiff [employee]
has lost, therefore, is only a part of his liberty to make such contract
as he pleased with a particular employer and to pursue his employ
ment under the rules of law that previously had obtained. But, as
has been held so often, the liberty of the citizen does not include
among its incidents any vested right to have the rules of law remain
unchanged for his benefit. [Middleton case.]
A provision of the law of Pennsylvania forbidding contracts of
waiver or agreements for releases prior to the happening of an acci
dent was attacked in a case (Anderson v. Carnegie Steel Co., 99 Atl.
215) which was before the supreme court of that State. The court
held that this was in accordance with the declared policy of the
State as set forth in an earlier law, the present provision being but
an extension of the same, and not an invalid interference with the
freedom of contract.
The law of Arizona, as already pointed out, goes to the other ex
treme in regard to the granting of options, the injured workman
being given a choice, even after the injury, between the compensa
tion law and a suit for damages, which accords with existing pro
visions of the constitution. The legislature went further, however,
and undertook to give to the personal representative of an employee
whose injuries were fatal the same option. This the supreme
court of the State declared was beyond the power of the legislature,
since the representative had only the right to sue, and could be given

STATUS OF BENEFIT FUNDS.

no right under the compensation act in case the injured man had
failed to make the election before death (Behringer v. Copper Co.,
149 Pac. 1065).
STATUS OF BENEFIT FUNDS.

An objection was urged against the constitutionality of the statute
of Washington in its provision for the maintenance of a fund to be
formed of premiums or contributions by employers, on the ground
that this was a violation of the provisions of the constitution requir
ing equal and uniform taxation of property for public purposes. It
was held that while the fund was a charge laid on persons engaged
in the industries named, imposed by public authority as are taxes,
it was not in the meaning of the constitution a tax, as “ no acquisi
tion to the public revenue, general or local, is authorized or aimed at.
It is to be used, not to meet the current expenses of government, but
to recompense employees of the industries on whom the burden is
imposed for injuries received by them while engaged in the pursuit
of their employment. It is the consideration which owners of the
industries pay for the privilege of carrying them on. It is therefore
in the nature of a license tax, and can be justified on the principle of
law that justifies the imposition and collection of license taxes gen
erally.” Cases were then cited showing the power of the legislature
to levy such taxes in the State, the conclusion being reached that
the sums might be considered as partaking of the nature of a license
for both revenues and regulation, but in neither aspect was there any
thing inimical to either the State or Federal constitution (State v.
Clausen, 65 Wash. 156, 117 Pac. 1106). Considering another phase
of the subject, the supreme court of the State said that when the em
ployer had contributed to the fund, his obligations were discharged,
and an injured employee would look not to the employer but to the
fund, and if the claim were rejected no suit would lie against the em
ployer but against the commission (Stertz v. Industrial Insurance
Commission, 158 Pac. 256).
When these provisions of the Washington law came before the
Supreme Court of the United States (Mountain Timber Co. v. Wash
ington), it was pointed out that while the State court relied princi
pally on the police power of the State, the levying of contributions
on employers in the specified industries was also justified “ as possess
ing the character of a license tax upon the occupation, partaking of
the dual nature of a tax for revenue and a tax for purposes of regu
lation.” The court then said:
We are not here concerned with any mere question of construc
tion, nor with any distinction between the police and the taxing
powers. The question whether a State law deprives a party of rights
secured by the Federal Constitution depends not upon how it is
characterized, but upon its practical operation and effect. And the
Federal Constitution does not require a separate exercise by the
States of their powers of regulation and of taxation.

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 i t e d s t a t e s .

it seems to us that the considerations to which we have adverted
in New York Central R. R. Co. v. White, supra, as showing that the
workmen’s compensation law of New York is not to be deemed arbi
trary and unreasonable from the standpoint of natural justice, are
sufficient to support the State of Washington in concluding that the
matter of compensation for accidental injuries with resulting loss of
life or earning capacity of men employed in hazardous occupations
is of sufficient public moment to justify making the entire matter of
compensation a public concern, to be administered through State
agencies.
Taking the law, therefore, to be justified by the public nature of
the object, whether as a tax or as a regulation, the question whether
the charges are excessive remains. Upon this point no particular
contention is made that the compensation allowed is unduly large;
and it is evident that unless it be so, the corresponding burden upon
the industry can not be regarded as excessive if the State is at liberty
to impose the entire burden upon the industry.
As we have seen, its fourth section prescribes the schedule of
contribution, dividing the various occupations into groups, and im
posing various percentages evidently intended to be proportioned
to the hazard of the occupations in the respective groups. Certainly
the application of a proper percentage to the pay roll of the industry
can not be deemed an arbitrary adjustment, in view of the legisla
tive declaration that it is “ deemed the most accurate method of
equitable distribution of fyurden in proportion to relative hazard.”
As further rebutting the suggestion that the imposition is exorbitant
or arbitrary, we should accept the declaration of intent that the fund
shall ultimately become neither more nor less than self-supporting,,
and that the rates are subject to future adjustment by the legislature
and the classifications to rearrangement according to experience, as
plain evidence of an effort to limit the burden to the requirements of
each industry.
*
Like the Washington statute, the earlier Montana law was com
pulsory in the matter of contributions to the general fund. It was
held by the supreme court of the State that as the act in question
was a scheme calculated to result to the public welfare, it was a
proper corollary conclusion that the contributions to the fund were
of the nature of a tax imposed for a public purpose; or the procedure
might be justified, if the act abolished suits at law for personal
injuries and death, on the theory that the State had given a quid pro
quo to the employer. The court concluded, however, that it was
not required to accept either of these arguments, but that it was
within the police power of the State to levy such an impost as an
employment tax upon the occupation covered by the act.
It is not at all necessary to justify the imposition of such a tax
that the business itself should particularly require police super
vision, although, as we have seen, extrahazardous enterprises may
demand restraint and regulation. Such a tax may be imposed,
either for regulation or revenue, or for both. Property and occupa
tion are alike legitimate objects of taxation. [Cunningham case.]

STATUS OF BENEFIT FUNDS.

101

A somewhat different aspect of this question is involved in the
Wisconsin statute, since, while no general fund is maintained, com
pensation is compulsory as to the State and its municipalities. It
follows, therefore, that public funds raised by taxation are used for
the payment of the benefits contemplated by the act, and on this
ground the constitutionality of the law was challenged as compelling
municipalities to levy taxes for other than public purposes. As to
this point the supreme court of the State (Borgnis v. Falk) said:
We have not been quit'e able to perceive the force of this point,
and we find no argument upon it in the brief. We shall only say that
the manner in which the State or the public shall treat its workmen
is peculiarly a matter for the legislature to determine. No one is
compelled to work for the public, and, if he does, he takes the situa
tion on the terms which the public gives. We know of no reason why
the public, acting by its lawmaking power, may not provide that its
employees shall have as part of their compensation certain indemni
ties in case of accidental injury in the public service. When the law
does so provide, the raising of the funds to discharge those indem
nities becomes plainly a proper public purpose.
It is evident that the principles here enunciated are the same as
those set forth by the supreme courts of Michigan and Ohio in sus
taining the laws of the respective States against contentions that the
compulsory application of the statute to municipalities and the di
version of taxes were unconstitutional.
The Ohio Supreme Court had before it in an earlier case (State v.
Creamer, 85 Ohio St. 349, 69 N. E. 602) the question of the legality
of the State fund, which, under the law as it then stood, was made up
of contributions from both employers and employees, while the State
assumed the expense of administration. It was charged against this
system' that the law directed the State to use public funds for private
purposes, to which the court replied that the ends in view were of a
nature to justify the action of the State in its power to secure peace,
safety, and the best interests of the Commonwealth, and quoted from
the opinion of the Supreme Court in the case of Noble State Bank v.
Haskell (219 U. S. 104, 31 Sup. Ct. 186), in which the constitu
tionality of a statute of Oklahoma, authorizing the establishment of
a guaranty fund for deposits by a levy on the banks of the State,
was under consideration. The quotation is as follows:
The substance of the plaintiff’s argument is that the assessment
takes private property for private use without compensation. * * *
Nevertheless, notwithstanding the logical form of the objection, there
are more powerful considerations on the other side. In the first place
it is established by a series of cases that an ulterior public advantage
may justify a comparatively insignificant taking of private property
for what, in its immediate purpose, is a private use. * * *
It may be said in a general way that the poUce power extends to all
the great public needs. It may be put forth in aid of what is sane-

102

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 f t h e u n i t e d s t a t e s .

tioned by usage or held by the prevailing morality or strong and pre
ponderant opinion to be greatly and immediately necessary to the
public welfare.
The objection on this ground was therefore overruled.
The same views were expressed by the Supreme Court of Iowa and
the Court of Appeals of New York in meeting the contention that
the insurance systems established by the laws of these States effected
a taking of property without due process of law.
The Employees’ Insurance Association of Texas was attacked on
the ground that it was a private corporation formed otherwise than
by a general law, contrary to the provisions of the constitution of the
State. This .contention was rejected, the supreme court saying that
the association was only an agency for the proper administration of the
law and not properly a corporation, even though so designated in the
act (Middleton v. Texas Power & Light Co., 185 S. W. 556).
A special fund is provided under a section of the New York law that
looks to the protection of employers of workmen who have suffered a
partially disabling injury (sec. 15, subd. 7, added by ch. 622, 1916).
This fund is to be maintained by levying a contribution of $100 on the
insurance carrier in each case in which there is a death of an insured
person with no survivor entitled to compensation. The proceeds are
to be used as special benefits in “ second injury” cases, when a par
tially disabled person becomes totally disabled through an injury that
would only partially disable a normal person. This arrangement was
held by the court of appeals to be within the power of the legislature
to provide, conforming to the spirit of the act, and of uniform appli
cation to all persons coming within the conditions prescribed by the
act (State Industrial Commission v. Newman, 118 N. E. 794).
POLICE POWER.

As to whether or not the acts under consideration properly fall
within the police power of the State is a question to be answered
according to the views taken as to the scope and purpose of the laws
themselves. With the exception of the New York court, the laws
were regarded as tending to meet existing needs in a legitimate man
ner and as being within the police power of the State. The Supreme
Court of Ohio (Creamer case) quoted with approval from the discus
sion of Prof. Freund in his work on the subject, as follows:
The term “ police power” has never been circumscribed. It means
at the same time a power and function of Government, a system of
rules, and an administrative organization and force,
Prof. Freund is further quoted as saying that a consideration of the
subject “ will reveal the police power not as a fixed quantity, but as
the expression of social, economic, and political conditions. As long
as these conditions vary, the police power must continue to be elastic—
i. e., capable of development,”

POUCE POWER*

10 3

This court regarded the law in question as a proper exercise of the
police power of the State in view of the objects to be gained by its
enforcement. So also the Washington court, which said: “ In fine,
when reduced to its ultimate and final analysis, the police power is the
power to govern.” The insurance law of the State having, as this
court held, “ a reasonable relation to the protection of the public health
morals, safety, or welfare, it is not to be set aside because it may inci
dentally deprive some person of his property without fault or take the
property of one person to pay the obligation of another” (Clausen
case).
The Montana statute was opposed on the ground that it was not
designed to prevent the evils growing out of and incident to the
present system of actions for fault, because it does not abolish such
actions. In passing the court remarked that if the act has a reason
able tendency to accomplish the desired result it ought to be upheld
as within the police power. Aside from the humanitarian features
of the law which provided prompt and certain relief for injured work
men, which might be regarded as a* matter of private benefit, this
opinion considered the view that the act might be fairly construed
as an attempt to prevent persons injured in coal mines and their
dependents from becoming public charges.
Any measure which tends to minimize indigency of necessity raises
the general standard of the people; any statute which has a tendency
to reduce the present enormous expense of operating our courts
would seem to be presumptively a proper exercise of the police power.
* * * * * In our judgment the general scheme of this act is
well within the police power of the State. If the people, represented
by their legislature, are of opinion that the public interests demand
that industrial insurance ought to be substituted, in whole or in part,
for actions for wrongs, this court certainly can not say that they are
in error (Cunningham case).
Other opinions reached the same conclusions by practically the
same arguments, the laws being regarded as calculated to serve the
public welfare. The New York court, however, says:
We have tried to make it clear that in our judgment this statute
is not a law of regulation. It contains not a single provision which
can be said to make for the safety, health, or morals of the employees
therein specified, nor to impose upon the enumerated employers any
duty or obligation designed to have that effect.
The recent decisions by the Supreme Court relied upon in other
opinions as supporting the views adopted as to the police power
(Noble State Bank v. Haskell, 219 U. S. 104, 31 Sup. Ct. 186; Assaria
State Bank v. Dolley, 219 U. S. 121, 31 Sup. Ct. 189) were referred to,
but of them it was said:
We can not recognize them as controlling of our construction of
our own constitution. [Ives case.]

104

WORKMEN ?S COMPENSATION LAWS OF THE UNITED STATES.

The Supreme Court of Washington (State v. Mountain Timber Co.,
135 Pac. 645), called upon to consider its earlier decision on the con
stitutionality of the industrial insurance law of that State, had before
it objections on the ground that the act violated article 4, section 4,
of the Constitution of the United States, which guarantees for the
State a republican form of government; that it violated the fourth
amendment to the Constitution, which secures all persons against
unreasonable searches and seizures of their persons and effects; that
it violated the fifth and seventh amendments in depriving the plain
tiff of property without due process of law, and for a public use with
out just compensation, and also without the right of trial by jury;
and, lastly, that it violated the fourteenth amendment in granting
privileges and immunities and depriving the plaintiff of property
without due process of law, and also depriving him of equal protection
of the laws.
The court recognized that not all these points had been considered
in detail in the case State ex rel. Davis-Smith Co. v. Clausen, but said:
When we say that we sustain*a law by reference to the police power
that might otherwise be in conflict with some provision of the Con
stitution it would seem that every incident to that law, as well as all
methods necessary to make it effective, are likewise exempted from
the prescriptions and limitations of the Constitution. The legis
lature has adopted the idea of industrial insurance and seen fit to
make that idea a workable one by putting its execution, as well as
its administrative features, in the hands of a commission.
The court then cited a number of cases on the subject of the police
power, quoting therefrom to show its development and application
under the conditions:
Having in mind the sovereignty of the State, it would be folly to
define the term. To define is to limit that which in the nature of
things can not be limited and which is rather to be adjusted to con
ditions touching the common welfare when covered by legislative
enactment. The police power is to the public what the law of neces
sity is to the individual. It is comprehended in the maxim, Salus
populi suprema lex. It is not a rule; it is an evolution.
It was further said that “ to hold the idea of industrial insurance
to be constitutional, and to hold its incidents .and machinery when
molded into law to be inoperative because of some constitutional
limitation, would lead to absurd results.” The court then unani
mously upheld the judgment from which the appeal w^as taken,
declaring that the power to provide for the execution and adminis
tration of the law had been sustained in a previous decision (Davison
v. Walla Walla, 52 Wash. 453, 100 Pac. 981, and cases cited); that
the constitutional provision as to the right to a trial by jury has no
application in the State courts or to prosecutions for the violation of
State laws, citing State v. McDowell (61 Wash. 398, 112 Pac. 521),
and that the contention that the industrial insurance law is in viola

POLICE POWER.

105

tion of a republican form of government needs no discussion, citing
Pacific States Telephone & Telegraph Co. v. Oregon (223 U. S. 118,
32 Sup. Ct. 224) and Kiernan v. Portland (223 U. S. 151, 32 Sup. Ct.
231). In the concluding paragraph the court said: “ We recognize
that this case is appealed to this court in order to bring it to the
future attention of the Supreme Court of the United States
and
concluded with citations of the decisions of the various courts sus
taining compensation laws and other decisions bearing on points of
law of like nature.
The Supreme Court of Illinois avoided the issue by declaring that
the compensation law of that State was not an exercise of police
power, but simply offered the parties concerned a method of settle
ment of cases falling within its purview (Deibeikis v. Link-Belt Co.).
The Supreme Court of Rhode Island, on the other hand (Sayles v.
Foley), declared that the law of that State was a warranted exerciso
of the police power, taking modern industrial conditions into con
sideration.
As forecast by the Washington court, the Mountain Timber Co.
appealed its case, and the Supreme Court, in passing on this point,
said :
We are clearly of the opinion that a State, in the exercise of its
power to pass such legislation as reasonably is deemed to be necessary
•to promote the health, safety, and general welfare of its people, may.
regulate the carrying on of industrial occupations that frequently
and inevitably produce personal injuries and disability with conse
quent loss of earning power among the men and women employed,
and, occasionally, loss of life of those who have wives and children
or other relations dependent upon them for support, and may require
that these human losses shall be charged against the industry, either
directly, as is done in the case of the act sustained in New York
Central R. R. Co. v. White, supra, or by publicly administering the
compensation and distributing the cost among the industries affected
by means of a reasonable system of occupation taxes. If any
industry involves so great a human wastage as to leave no fair
profit beyond it, the State is at liberty, in the interest of the safety
and welfare of its people, to prohibit such an industry altogether.
Much that has been said in the discussion under the various head
ings above is in fact determinations of the propriety of the various
provisions as an exercise of the police power; and the frequent
appeal to modern industrial conditions can not escape notice. Indeed,
the New York Court of Appeals acknowledged the cogency of the
economic and equitable reasons for the enactment of a compensa
tion law, while declaring such a statute unconstitutional (Ives v.
South Buffalo Ry Co.). This fact is pointed out by the Supreme
Court of New Hampshire in its statement that the opinion in the
Ives case supports all the provisions of such a law as that enacted
by the New Hampshire Legislature (Wheeler v. Contoocook Mills).

106

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

PARTICULAR PROVISIONS OF THE LAWS.

Besides questions of a more general nature, as the foregoing,
numerous decisions have been made by the courts construing par
ticular phrases and features of the laws, and determining their ap
plication to particular cases. Where industrial commissions and
administrative boards exist, charged with the duty of deciding con
troversies under the acts, rulings, and opinions are formulated, and
these also are available as setting forth the scope and method of the
laws in their practical working. It would be both undesirable and
impractical to attempt a complete survey of this field in the present
bulletin, but inasmuch as the construction of a statute is of no less
vital importance than its terms, some account will here be given of
the action taken by the various courts and administrative bodies
with reference to a number of the specified provisions of the laws.
INJURIES COMPENSATED.

As to the class of injuries compensated, the natural conclusion
from the fact of the enactment of compensation laws to supersede
those governing the employer’s liability would be that only injuries
due to accident are covered by the acts. Indeed, in most of the laws
this is specifically stated, and carefully chosen language is used in
several with the obvious intent of excluding what are commonly
known as occupational diseases and the results of cumulative processes
as distinguished from the immediate results of single accidental
occurrences. In a few jurisdictions, however, only the word f ‘injury ’ ’
or the phrase “ personal injury’ ’ occurs, and in such cases the field
would seem to lie open for the inclusion of any physical disability
occasioned by the nature and conditions of the employment, thus
permitting awards for occupational diseases. The qualifying term
“ accidental” does not appear in the laws of California (as amended,
1915), Connecticut, Massachusetts, Ohio, the Philippine Islands,
Texas, West Virginia, and the Federal statutes of 1908 and 1916. In
Wyoming the definition is obscure, the words “ injury and personal
injury” being declared not to include “ a disease except as it shall
directly result from an injury incurred in the employment.” This
is obviously a definition in the terms of the thing defined, but it
seems probable that the intent was to exclude other than accidental
injuries. This construction is supported by the reports required
when “ an accident occurs causing injury;” also in some degree by
the title of the State fund for insurance, i. e., “ industrial accident
fund.”
Inasmuch, however, as the spirit of the laws undoubtedly suggests
relief for industrial incapacity due to employment, it is difficult to
support the narrower view of sudden and violent injury as a necessary
basis, as against the more inclusive idea of injury due to the working

PARTICULAR PROVISIONS OF THE LAWS.

107

conditions, whether of sudden or gradual development. A few
States have recognized this in their laws, amendments to those of
California, Connecticut, Hawaii, and Wisconsin specifically provid
ing for the compensation of occupational diseases, as do the new
(1916) Federal law and the original (1919) North Dakota law; while
the courts of Massachusetts have construed the law of that State as
including them (but see p. 119).
Accidents.—The term “ accident” can hardly be said to have
any peculiar meaning in laws of this class, but for statistical purposes
the compensation commission of New York defines an industrial
accident as one which causes loss of time from work or which requires
medical aid, and orders that all such accidents be reported. The
laws of some other States make specific limitations by defining the
term as implying that the e^ent is unexpected, unforeseen, happening
suddenly or violently, and producing at the time objective symptoms
of the injury. This strictness has not been uniformly observed by
the courts, however, as regards either violence or objective symptoms.
Whether sunstroke should be classed as an accidental injury has
been considered by the administrative authorities of several States,
the California industrial commission saying that as a general rule
injuries suffered from so-called acts of God, such as sunstroke,
freezing, lightning, wind, etc., are not compensable, since they are
risks which the whole citizenry takes. Circumstances in the instant
cases were held to warrant an award for sunstroke, the workman
having been engaged in removing cement from a warehouse with an
iron roof and no windows, the thermometer standing at 105°.
The Illinois board gave compensation to a laborer digging in a
trench and overcome by heat, stating that a rational and reasonable
conclusion is that the prostration would not have occurred had he
not been so employed. This board took the same view of the case of
a stationary engineer, whose death was reported due to heat prostra
tion, he having worked in a poorly ventilated room, with a tempera
ture of about 120°. The Iowa board ruled in one case that heat
prostration was not an injury within the act, there being no extra
ordinary hazard or exposure to heat on account of the laborer’s
employment; but ruled in another case that “ where the employee
sustains such injury when put to work at a task which peculiarly
exposes him to such injury, he should be paid the compensation
provided for in the act.” The commissioner of labor of Minnesota,
in passing upon this question, reached the conclusion that where heat
stroke or sunstroke is due to the conditions of employment rather
than to physical weakness on the part of the injured person, it is an
accident within the provisions of the compensation law. The indus
trial commission of Ohio awarded compensation for heafprostration
of a roller in an iron-mill, holding that it was an injury within the

108

WORKMEN *S COMPENSATION LAWS OF THE UNITED STATES.

meaning of the act, though it was held that sunstroke, in the absence
of special conditions artificially produced, would not support an
award.
The Pennsylvania board ruled that the physical changes pro
duced in the tissue of the body by an injury of this nature were such
as properly to be classed as violence to its structure; and this view
was sustained by the supreme court of the State (Lane v. Horn &
Hardart Baking Co., 104 Atl. 615). The Supreme Court of Minne
sota likewise (State ex rel. Rau v. District Court of Ramsey County,
164 N. W. 916) awarded compensation in a case of death due to sun
stroke as for “ a violent injury produced by an external power/’
where a workman was employed at street labor, exposed to the
direct rays of the sun, in an atmosphere rendered excessively humid
on account of the sand in the street being wet. The Supreme Court
of Nebraska also allowed compensation where death followed a heat
stroke, the employee in question being engaged in cleaning and oiling
motors in a building of sheet iron with tarred roofing and insufficient
ventilation, while the air was heavy with dust and particles of matter
produced in the manufacture of mattresses, etc. “ A stronger man
might have lived, but it is enough that the industry brought about
this man’s death.” The matter of violence was disregarded, the
unexpected quality of the event being held sufficient to classify it as
an accident within the meaning of the act (Young v. Western Furniture
& Mfg. Co., 164 N. W. 712).
The Supreme Court of Rhode Island affirmed an award for death
from heat exhaustion, against the contention of the employer that
death in such a case was due to disease and not to accident (Walsh
v. River Spinning Co., 103 Atl. 1025). As to the nature of the injury
the court said:
It appears to us that the unusual and excessive heat in the boiler
room, producing the sudden inability of the physical system to
longer resist its debilitating effects, constituted a chain of circum
stances which may fairly be regarded as an unlooked-for mishap not
designed and undoubtedly unexpected.
Against this practically uniform allowance of benefits for an in
jury unquestionably arising out of and in course of employment,
stands the opinion of the Supreme Court of Michigan, which denied
compensation for death from heat prostration on the ground that
there was.no accident. The case was one of a bricklayer who was
prostrated at 4 p. m. of the fourth day of his employment in a boiler
room, dying in less than three hours. The temperature in the room
was said to have been 136°. The State board had made an award
but the court reversed it, saying:
The recofd is absolutely barren of any evidence that anything
untoward or unusual happened in the course of his employment
during any of the three days or that he exerted himself in any un

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109

usual manner or to an unusual degree. He was doing the work
which he and his associates were employed to do exactly in the
manner they expected to do it. To permit recovery in this case
would make it impossible to deny recovery in any case where a
fireman of a stationary or marine boiler in the performance of his
ordinary and accustomed labor succumbs to heat prostration [Roach
v. Kelsey Wheel Co., 167 N. W. 33].
It is a pleasure to record that here, as in theBischoff case (p. 183),
decided by the same court, there was a vigorous, even if futile (so far
as immediate results are concerned), dissent by two judges. In this
it was pointed out that the workman was in the course of his em
ployment, was robust and temperate, and that he fell instantly
upon excessive exertion in moving a heavy load after working in
the extreme heat in which he had been employed.
The minority further insisted that in denying compensation in this
case the court was rejecting its own precedent in a case decided in 1916
(La Veck v. Parke, Davis & Co., 190 Mich. 604, 157 N. W. 72). Jn this
case a workman affected by arterio-sclerosis had suffered a rupture of
a blood vessel in his brain, caused by overexert ion and exposure to
extreme temperature. An award in his favor was affirmed on the
ground that there was an accident, since, though the workman “ in
tended to do the prolonged work which the situation demanded/ ’ the
rupture “ was an unexpected consequence from the continued work
in the excessively warm room.” The majority met this citation with
a bare statement of opinion that the case was riot “ authority for the
determination of the board” in the Roach case.
These two opinions bring to light the difficult and unsettled question
of the extent to which a distinction may be recognized, within the
spirit and purpose of the compensation laws, between accidental
causes and accidental results. What can be looked upon in no other
light than as a border-line case, though of a somewhat different nature
than those under consideration above, is one in which the compensa
tion commission of New York allowed a claim where a man had been
at work for 21 hours, with a total of 1^ hours out for meals, during
which time he was on his feet almost continuously and climbed 216
steps three times. About half an hour after stopping work he was
found sitting dead in a chair. Death was said to be due to angina
pectoris, brought on by overexertion and exhaustion.
But whatever view is taken of the propriety of recognizing a distinc
tion between cause and result, it does not seem in harmon}^ with the
intent of such legislation to permit an employer to operate with immu
nity and at the sole risk of the workman, under conditions and for
periods that produce immediate and demonstrable results, not antici
pated indeed, but following a more or less protracted routine, and at
some unforeseeable moment breaking over the boundary of human
endurance and working disability or death of the exact economic

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effects and under the same general conditions as are contemplated in
the enactment of the laws.
The New York Supreme Court, appellate division, denied benefits in
a case of heat prostration, following the ruling of the industrial com*
mission to the same effect, in a case (Campbell v. Clausen-Flanagan
Brewery, 171 N. Y. Supp. 522), in which a driver was overcome while
out in the open air. The accidental nature of the injury was admitted
but, since the surroundings were only those of the public generall}7,
it was held that it did not arise out of the employment, and was there
fore not compensable under the law.
The rule as to injury by freezing or frostbite would naturally be the
same as for heat prostration. A compensation commissioner of Con
necticut ruled that a collector driving long distances in very cold
weather was exposed to such hazard as to warrant an award for freez
ing followed by erysipelas and death. This was affirmed by the su
preme court of the State (Larke v. Insurance Co., 97 Atl. 320). The
same commissioner, however, denied the claim of a night watchman
who suffered frostbite of a toe while bringing coal from a storage shed
into the boiler room of the establishment. The Massachusetts indus
trial accident board made awards for freezing where outdoor employ
ment led to the exposure of the employees, and the supreme court of the
State affirmed an award in favor of a longshoreman whose hands were
frozen while at work at a wharf, the view being adopted that he was
exposed to materially greater danger of freezing than the ordinary
outdoor worker (in re McManaman, 113 N. E. 287). The industrial
accident board of Montana took a similar position, saying that where
an accident is due to forces of nature which might have been antici
pated or foreseen there must be present some aggravation of the
hazard whereby the workman is more exposed to danger as a result
of his employment than is the ordinary man; but if the employment
entails such unusual degree of exposure there is liability for the
injurious consequences.
So also in a Wisconsin case (Ellingson Lumber Co. v. Industrial
Commission, 169 N. W. 568), the court found that a woodsman was
exposed to the inclemency of the weather by reason of his occupation,
and that frozen feet were the result of an ‘ ‘ accident within the mean
ing of the compensation statute.”
The same principle was applied by the Supreme Court of Minne
sota in a case in which a workman’s thumb was frozen while he was
cutting and handling timber in the snow. It was held on authority
that freezing is a personal injury within the meaning of compen
sation acts, and is an accident in so far as it is an unexpected and un
foreseen event, producing at the time injury to the physical structure
of the body. Whether it also meets the requirement of happening
“ suddenly and violently” was said to be a more difficult question;

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I ll

but the court, one justice dissenting, concluded “ that a fair con
struction of the statutory definition does not exclude freezing, and
we hold that it is a personal injury caused by accident within the
meaning of the act” (State ex rel. Virginia & Rainy Lake Co. v.
District Court of St. Louis County, 164 N. W. 585). Another case
before the same court turned more directly upon the question of
whether or not the injury arose out of the employment, the circum
stances being the employment of a janitor who was working both at
keeping up the fires in a building and cleaning off the sidewalk, the
weather being very cold. The two duties alternated, and the em
ployee could divide his time as he chose. The court below found that
the injury was sustained in the course of his employment, and arose
out of it, but decided that the freezing was not an accident. Subse
quently the supreme court made the ruling as to accidental injury
noted above, and on the appeal in this case held to that ruling,
reversing the court below in this respect, but affirming that the
injury arose out of the employment on account of the nature of the
work in which the employee was engaged, thus clearing the way for
an award in the injured man’s favor (State ex rel. Nelson v. District
Court of Ramsey Co., 164 N. W. 917).
That there was no ground for an award was the opinion of the
commissioner of labor of Minnesota in a case in which there was an
abcess due to ink or metal poisoning where there was no break or
infection due to accident, the commissioner saying that “ if there was
no breach of the surface of the body due to accident and through
which the infection or poisoning takes place, it does not come within
the meaning of the act.” Likewise adverse was the ruling of the
compensation commissioner of West Virginia in a case where a coal
miner was overcome by smoke on account of returning to his work
ing place too soon after the firing of a shot; and the law of this State
was held not to cover the case of a miner suffering from an abraded
bunion infected by the poison of bank water in a mine, though claims
were allowed for ulcerated eyes caused by the splashing of such water
into the eyes of a miner while pulling down coal, and where carbolineum used to preserve the crossarms of a telegraph pole got into
a lineman’s eyes and face, causing abcesses. The compensation board
of Pennsylvania also allowed compensation in a case where a work
man was poisoned by sumac in a skin which he was handling, der
matitis and disability resulting. The board ruled that the injury
was sudden, not a disease and not a secondary result, but due to a
cause proceeding from without and encountered in the course of
service.
Hie condition of a breach of the surface of the body prescribed by
the labor commissioner of Minnesota seems to have been met in a
case passed upon by the industrial commission of Ohio in which an

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W O RK M EN ’ S COMPENSATION LAWS OF THE JNITED STATES.

employee handling goods claimed to have incurred blood poisoning
by scratching her face with her fingers, this being held not to be an
occupational disease, but an accidental injury. That lesion is not re
quired by the industrial commission of California as a basis of awards
appears from favorable rulings in two cases passed upon by that
body, ona being that of a man who appeared to be suffering from
nervous shock due to efforts to rescue fellow workmen from suffo
cation in a septic tank, two having been killed and the superinten
dent nearly so. It was said that the risk of such experiences was
involved in any employment and should be compensated if it direct
ly causes injury. In the other case there was no apparent serious in
jury, but an apparently sincere belief of incapacity, which was held
to entitle the claimant to compensation until the restoration of men
tal balance. As to such cases it must be said that there is an abund
ance of experience to show that a final determination, whether
favorable or adverse to the claimant, is very generally followed by
prompt recovery.
The Supreme Court of Wisconsin sustained an award as for an
accidental injury proximately causing the death of lumbermen where
the death was due to typhoid fever induced by drinking polluted
water furnished for the camp by the employer (Vennen v. New Delfs
Lumber Co., 154 N. W. 640).
A settlement was made under the compensation law of Illinois
on account of the death of 20 employees due to diphtheria and
typhoid fever. These diseases were contracted by drinking pol
luted 'water furnished by the employing company. No contest
against the payments was made by the company, the settlement
being voluntary, according to a statement by one of the members
of the State industrial board. The Illinois act contemplates the
payment of benefits for accidental injuries arising out of and in the
course of employment, the term accidental, according to the con
struction usually adopted, eliminating the ordinary occupational
diseases from the scope of the act. The Supreme Court of Minne
sota took a diverse view from the foregoing in a case involving a
similar infection. The cases are identical in that the employer’s
responsibility was claimed to be due to the quality of the drinking
water supplied by him for his employees; but while the Wisconsin
court awarded benefits, that of Minnesota decided that under the
definition of an accident appearing in the law of that State (i. e.,
“ an unexpected or unforeseen event, happening suddenly and vio
lently, with or without human fault, and producing at the time in
jury to the physical structure of the body” ), the happening in ques
tion could not be construed as an accident. The period required for
the development of the infection afforded the chief ground for hold
ing that the definition excluded the case from compensation (State

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113

ex rel. Faribault Woolen Mills Co. v. District Court of Rice County,
164 N. W. 810). Somewhat similar to the foregoing was the posi
tion taken by a commissioner of the State of Connecticut, who
denied compensation where the cumulative effect of an acid dip used
for four days led to pus formation, the amputation of a finger at the
second joint, and the partial loss of use of another finger, the refusal
being based on the ground that the condition was “ not due to an
injury which can be located in point of time and place."
On like grounds the Supreme Court of Michigan denied the claim
for compensation in a case where there was an infection from an
untraced source, which might have gained access to the system
through cracks in the skin of- the hands due to the nature of the
employment, the court saying that there was no sufficient evidence
of an accident in the course of employment to sustain an award
(Jermer v. Imperial Furniture Co., 166 N. W. 943). But where a
tannery employee suffered an infection of the throat, due, as the
board held, to inhaling dust from dry hides in a work place where
the ventilation was poor, the same court upheld the award on the
ground of an accidental contact with a septic germ or germs, taken
up by the respiratory organs and thus carried into the system -said
to be an unusual occurrence, but one shown by the evidence to be
probable in the case at hand (Dove v. Alpena Hide & Leather Co.,
164 N. W. 253). An award was also approved by this court where
an undertaker’s assistant died from a streptococcus infection after
cleaning his employer’s instruments after the embalming of the
body of a person who had died of such an infection, the employee
having apparently cut himself slightly while cleaning the instru
ments (Bloess v. Dolph, 161 N. W. 885).
Suffocation by the accidental inhalation of illuminating gas at a
gas plant was also held to be a compensable injury under the Michi
gan law (Holnagle v. Lansing Fuel & Gas Co., 166 N. W. 843).
Over against these awards stands a reversal by the same court
of an award made in behalf of a fireman who was wet while fighting
a fire, and remained so for many hours on a winter day. Taken ill
the next morning, his death followed from pneumonia in about two
weeks. The court held that it was no unusal thing for a fireman to
become wet while at work, so ‘ ‘ that pneumonia was brought on, not
by an unexpected event, but by an event which was an incident to
his regular employment,” to be classed “ among the ordinary ones
attending the duties of a fireman, and not as an accident” (Landers
v. City of Muskegon, 163 N. W. 43).
The Supreme Court of Connecticut ruled similarly adversely in
the case of a workman whose exposure was the result of a walk
through deep snow to his place of employment, where he worked for
12 hours in wet clothing. The line of reasoning was different, how1779820— 21— Bull. 272------- 8

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

ever, for though the combination of weather conditions and pro
longed and exhausting labor may be regarded as the accidental cause
of the exhaustion which was followed by the pneumonia, such exhaus
tion could not be classed as “ in and of itself a bodily injury” within
the meaning of the act (Linnane v. Aetna Brewing Co., 99 Atl. 507).
The circumstances in the Linnane case are not unlike those in a
case under the Indiana statute (United Paper Board v. Lewis, 117
N. E. 276). Here overwork in a hot, steam-filled room was followed
by chills and nephritis developed. This was said to be a personal
injury by accident, and an award in behalf of the workman was
affirmed.
This accords with the action of the Supreme Court of Massachu
setts in allowing compensation in a case in which lobar pneumonia
was found to result from the wetting of the clothing and the inhala
tion of smoke by a fireman—a situation quite comparable to that in
the Landers case above (In re McPhee, 222 Mass. 1, 109 N. E. 633).
The court in this case declared the inhalation of smoke and the
drenching to be a personal injury within the act, the law of the
State not necessitating the finding that it was accidental.
Compensation was allowed in a New York case where the acci
dent itself caused no injury, but was followed by injurious consequen
ces. Disease due to inclement weather conditions was the basis of
the award (Rist v. Larkin & Sangster (1916), 156 N. Y. Supp. 875),
though there was some complication of causes. A heavy cold fol
lowed by pleurisy and pulmonary tuberculosis was attributed to
the accidental necessity of the workman's jumping into a river, where
the jumping itself had no immediate disabling effect, but the wetting
and the subsequent exposure were chargeable with having caused the
disease.
Where a compensable accident originates the train of events
in the course of which serious results follow an apparently slight
physical injury, the question is not of the nature of the injury,
but of proximate cause. This subject is considered more fully
under another head (see pp. 128 to 135).
Construing the act as limited to accidental injuries, the solicitor of
the Department of Commerce and Labor allowed benefits under the
Federal law of 1908 in a case of compressed-air illness, otherwise
known as “ bends” or caisson disease, distinguishing this as a trau
matic disease due to the lesion of tissues on account of the abnormal
atmospheric pressure (Op. Sol., p. 201). This disease, however, is
classed as an occupational disease by the British law and in treatises
on the subject. Other traumatic diseases (i. e., those due to an in
jury or wound,) as in the case of lockjaw or other infection, would
be excluded from the class of occupational diseases as being entirely
unrelated to the nature of the employment. Such diseases if the

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115

sequel of a compensable accident, would, of course, come within the
provisions of all compensation laws.
Tyhoid fever and diphtheria, for which compensation was paid
under the Illinois law, are neither occupational nor traumatic in
their origin, but are idiopathic—i. e., of primary causation—and are
subject to compensation, if at all, either on the basis of being acci
dental injuries, or injuries arising out of employment merely, under
laws not requiring the injury to be accidental.
Hernias as injuries have been the subject not only of much discus
sion by courts and commissions, but special sections have been de
voted to them in some of the more recent statutes. Questions of
preexisting condition and proximate cause are involved, as well as
of the proper treatment to be applied and the right of the employee
to accept or reject the prescribed course of conduct. The industrial
commission of Ohio concludes that “ hernia (or so-called rupture)
is a disease which ordinarly develops gradually, being, very rarely,
the result of an accident.” Rules were therefore adopted to the effect
that where there is real traumatic hernia, resulting from the applica
tion of force directly to the abdominal wall, either puncturing or
tearing the wall, full disability will be allowed; but in all other cases
it will be considered as either congenital or of slow development and
not compensable, being a disease rather than an accidental injury,
unless conclusive proof is offered that the immediate cause which
calls attention to the hernia was such as a sudden effort, severe strain,
or bruise; that the descent of the hernia immediately followed the
cause; that there was severe pain immediately following; and that
the foregoing facts were noticed and communicated immediately
to one or more persons. Where these conditions are fulfilled, com
pensation will be allowed as for the aggravation of previous condi
tions, for a time loss only and to a limited extent.
The Washington commission presented in its first annual report
a tentative decision to award compensation only when it is proved
that the hernia appeared suddenly, that it was accompanied by pain,
that it immediately followed an accident, and that it did not exist
prior thereto. A year later it called attention to the Ohio rules, say
ing, however, that the Ohio commission’s findings are not subject to
review in court, so that it can settle hernia cases on their merits from
a medical standpoint, not being confronted by the legal side of
the question. A case rejected by the Washington commission came
to the supreme court of the State, and a claim was there allowed, the
court holding the injury complained of to be the result of a “ fortui
tous event” within the meaning of the law, saying that “ to hold
with the commission that if a machine breaks, any resulting injury is
within the act, but if the man breaks, any resulting injury is not
within the act, is too refined to come within the policy of the act as

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w o k 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 .

announced by the legislature. * * * It must admit that the
tearing of the muscles or the rupture of fibers, or whatever it is that
causes hernia, while exercising unusual effort, is likewise covered
by the act” (Zappala v. Industrial Insurance Commission, 144
Pac. 54).
It is apparent that the matter of the “ tearing of the muscles or the
rupture of the fibers” was rather vaguely assumed by the court as
the explanation of the condition made the ground for a claim; while
a compensation commissioner of the State of Connecticut, in an ex
tensive memorandum, quotes medical authorities in accord with the
statements of the Ohio commission, one of them saying that “ local
trauma, which has long been accorded by the laity an important place
in the etiology of hernia, practically very rarel}7 is the cause.” The
commissioner, however, awarded compensation in a limited form to
the claimant in the case in hand, requiring him to submit within four
weeks to proper surgical treatment.
The industrial accident board of Michigan likewise has furnished
a pretty full discussion of the question, concluding in favor of the
accident theory, if it may be so designated, saying:
We do not overlook the medical evidence introduced at the hearing
to the effect that hernia should be classed as an accident only in a few
rare cases. We think the weight of authority in workmen’s compensa
tion cases is clearly against such theory, and that the general rule
established in the adjudicated cases and the textbooks is otherwise.
The award of the committee in the case under consideration was
approved by the board. That this is the conclusion of the supreme
court of the State appears from its decision in a case (Bell v. HayesIoniaCo., 158 N. W. 179) in which an award of theboard was affirmed,
even though there was evidence that there had been structural weak
ness prior to the event to which the injury was traced: the court saying
that this would not “ preclude a recovery if the injury itse f is dis
tinct and the result of a particular strain causing a sudden protrusion
of the intestine.” This case was decided largely on the authority of an
earlier case (Robbins v. Original Gas Engine Co., 157 N. W. 437), in
which the view that hernia is a disease was discussed. It was said by
the court that it would be assumed from the evidence that the strain
to which the condition of the claimant was traced was the occasion
of the first protrusion of the sac through the abdominal wall, and if it
was also assumed that there was a certain lack of physical integrity of
the parts, still compensation might be allowed for the injury, and that
not on the basis of disease, but of accidental injury.
It would seem, however, that the Michigan Supreme Court has here
again assumed a more conservative attitude, as was done in the Roach
case (p. 108), since in a more recent case (Tackles v. Bryant & Detwiler
Co. (1918), 167 N. W. 36) compensation was denied where an inguinal

PARTICULAR PROVISIONS OF THE LAWS.

117

rupture developed, following the lifting of a heavy timber, at which
time a severe pain was felt, and the hernia was found to be developed,
but as <4he did not slip nor fall, nor did the timber strike him,” it was
concluded there was no accident. Nothing out of the ordinary hap
pened, “ because he had lifted such timbers before,” so that there was
evidently no “ accidental injury within the meaning of the act.” Evi
dently the doctrine of accidental result as accident is rejected by this
court quite uniformly.
The Appellate Court of Indiana, on the other hand, affirmed an
award made by the industrial board of the State, when'a man suffer
ing from hernial trouble had his condition so aggravated by heavy
lifting as to necessitate an immediate operation. The mere fact of
his susceptibility was said to afford no grounds for denying benefits,
even though in some jurisdictions there was a restricted use of the
word “ accident” that would preclude the award; “ but the weight
of authority and the better reason, we think, favor the adoption of
the popular meaning of said word, which includes any unlooked-for
mishap or untoward event not expected or designed.’ ” (Puritan
Bed Spring Co. v. Wolfe, 120 N. E. 417).
The industrial commission of Wisconsin, in passing on a case
before it, said:
This is another case where a man who suddenly discovers that he
has hernia concludes that it must have resulted from some fall or
strain, and immediately recalls to his mind some recent incident
which not only seems to him to constitute a sufficient cause, but
which he honestly brings himself to believe did cause it. At best,
such an incident constitutes nothing more than a mere possible cause.
Except such incident was particularly violent or was followed imme
diately by severe pain, it can not, with an}7 degree of certainty, be
said to be a probable cause. In this case, a hernia on each side, an
insignificant accident or strain given as the cause does not argue
much.
The application was accordingly dismissed. Similar was the
position of the Massachusetts board in a case in which the claimant
testified to injury by heavy lifting, the impartial physician testifying:
The hernia could have been caused by his work. But every hernia
is related to and is caused by strain, and if the board authorizes
compensation for this hernia, it must require some employer hereafter
to pay for every hernia that arises in any employee. Hernia, to be
caused by some specific accident, can only follow a physical effort of
tremendous and unusual violence.
The finding of the board was adverse to the claimant.
The Supreme Court of West Virginia, on the other hand, takes the
view of that of Washington and of the Michigan board, and specifi
cally rejects the position of the Washington commission, reversing
also the public service commission of its own State, allowing a claim

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attributed to heavy lifting, and holding hernia to be an accident
within the meaning of the law of the State (Poccardi v. Public Service
Commission, 84 S. E. 242). The Minnesota department of labor
and industries took a similar position, offering as a typical decision
and award the case of Rakovich v. Agnew Bros, decided by a county
court, in which a rupture was held compensable as an injury under
the act, with an award also for medical and hospital expenses covering
the costs of an operation.
It would seem therefore still to be a matter for medical definition
and legislative determination, since the courts are so ^unable to agree.
Whether or not the true cause of hernia can in any case be found in
the strain of extraordinary effort, the fact remains that a previously
capable workman is frequently found to be disqualified for further
labor as the result of such strain; while there are admitted, even if
rare, instances of genuine traumatic hernia. In either case there is
a disabling injury arising out of and in course of the employment;
and it would seem to be more in accordance with the fundamental
principles of compensation legislation that it should be a charge on
the industry than on the worker alone.
An entirely different phase of the term “ accident” is presented
when an intentional assault is committed on an employee, several such
cases being noted under the head, “ Arising out of and in course of
employment ” (pp. 170 to 188). An opinion on this point is that of the
Supreme Court of California (Western Metal Supply Co. v. Pillsbury,
156 Pac. 491), in which a night watchman was shot by a burglar,
the court ruling that as to the injured man there was an accident,
even though there was intention on the part of the person inflicting
it, citing Western Indemnity Co. v. Pillsbury (p. 177), where a fore
man was assaulted by a discharged workman. The statute of Wash
ington, as construed by the supreme court of that State (Stertz v.
Industrial Insurance Commission, 158 Pac. 256), does not require
that the injury arise out of the employment, so that a man shot by a
discharged workman is within the protection of the act in any case
if on the employer’s premises, and if in course of employment when
off the premises.
Occupational diseases.—As already noted, the Federal act of 1908
provided for compensation for employees injured in the course of
employment without the restricting words “ by accident.” However,
the Attorney General of the United States said of this act that “ there
is nothing either in the language of the act or its legislative history
which justifies the view that the statute was intended to cover disease
contracted in the course of employment, although directly attributa
ble to the conditions thereof. On the contrary, it appears that the
statute was intended to apply to injuries of an accidental nature
resulting from employment in hazardous occupations, not to the

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119

effects of disease. * * * The word 1injury/ as used in the statute,
is in no sense suggestive of disease, nor has it ordinarily any such
signification.” The language and intent of this statute had been pre
viously construed by the Solicitor of the Department of Commerce
and Labor in the same way, a case of lead poisoning incurred from
employment being held not covered by it.
It may be noted here that the later rulings by the Solicitor of the
Department of Labor, construing the same Federal statute, approved
claims for disability due to lead poisoning, distinguishing such cases
from the one in which the Attorney General used the language above
quoted, the disease in that instance being pneumonia contracted in
the course of employment. In construing the law to include cases of
lead poisoning and the like, the solicitor said:
It is, in fact, difficult to find any good, substantial reason why
Congress should have desired to make a discrimination as to the man
ner in which the incapacity arose. The intention was clearly to
provide compensation for loss of time caused by incapacity arising
from the employment in a similar manner to which the States and
United States “ are requiring private employers to respond, so that
all injuries shall be compensated for out of the business or industry
in which sustained instead of requiring the employee to bear this
burden.”
Attention has already been called to the fact that there is apparent
in legislation something of a tendency in favor of the inclusion of
occupational diseases as entitled to consideration in a system under
taking to provide against the untoward consequences of industrial
activities. The United States employees’ compensation act of 1916
authorizes compensation “ for the disability or death of an employee
resulting from a personal injury sustained while in the performance of
his duty,” excluding cases of willful misconduct, etc. The com
mission administering the law took the view that the term “ personal
injury” as used in the act covers “ not only accidents as ordinarily
defined, but also any bodily injury or disease due to the performance
of duties and causing incapacity for work,” citing as precedents the
interpretation of the act of 1908 by the Solicitor of the Department
of Labor and of the Massachusetts industrial accident board and
Supreme Court. Compensation has been allowed by this commis
sion, in pursuance of this construction, in cases of lead poisoning,
dermatitis from fulminate of mercury, dermatitis from machine oil,
injuries from a variety of corrosive and poisonous substances, typhoid
and malarial fevers, rheumatism due to the dampness of the dirt
floor on which the employee was compelled to stand, apoplexy due to
overexertion in a position involving unusual strain, etc. A number
of claims where similar diseases were under consideration were re
jected on account of the failure to establish a causal connection.

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As above noted, the amendment of 1915 did away with the neces
sity of making proof of injury “ by accident” under the California
law; but in passing upon an injury antedating this amendment, it was
held that loss of sight due to poisoning by wood alcohol was com
pensable (Fidelity & Casualty Co. v. Industrial Commission (1918),
171 Pac. 429); and the industrial commission of the State awarded
benefits in the case of a traffic policeman who developed flat feet or
broken arches as a result of constant standing on the hard pavement,
classing this as an injury due to the nature of the employment. The
new act of 1917 formally includes diseases “ arising out of the em
ployment. ”
The Supreme Court of Errors of Connecticut construed the law
of that State as not covering occupational diseases, reversing an
award by one of the compensation commissioners in a case of lead
poisoning (Miller v. American Steel & Wire Co., 97 Atl. 345).
There was a dissenting opinion, in which was pointed out the fact
that the majority, by “ judicial construction, ascertains that the term
1personal injury7 includes only injuries arising through accident,
while I [the dissenting judge], by judicial construction, find the same
term to include all injuries, whether arising from accident or disease.”
The commissioner for the fifth district of that State allowed com
pensation for incapacity from an injury to a plumber caused by
working in a kneeling position for a considerable time, the result
being what is commonly known as “ housemaid’s knee.” The account
of the ruling at hand does not designate the disability as one due to
occupational disease, though it comes within that definition accord
ing to British law, the award being made on the basis that “ there
was a direct causal connection between the employment and the re
sulting injury.” A committee of arbitration considered another case
in the same State in which claim was made for occupational neurosis
attributed to the jarring of the arm of a workman using a pneumatic
chipping machine, and while the statement was not made directly, it
is inferable that if the facts had been found to support the claim,
there would have been an award. As it was, apoplectic strokes were
held to be the cause of the weakness, and as these were not due to
the employment, no compensation was allowed. The law of the
State was amended in 1919 so as to include diseases “ peculiar to the
occupation.”
Under the Massachusetts law the meaning of the term “ personal
injury” without the qualifying jvords “ by accident” was held by the
supreme judicial court of that State to so broaden the law as to war
rant the inclusion of occupational diseases, awards being made in the
case of a claim by an employee suffering from lead poisoning (John
son v. London Guarantee & Accident Co., 104 N. E. 725); and one
based on blindness induced by the inhaling of poisonous gases at a

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121

kiln or furnace (In re Hurle, 104 N. E. 336). The court held that
personal injuries as contemplated by the act are not restricted to
those caused by external violence or physical force, but that the
phrase covers bodily harm caused by the conditions of employment.
Under the same law a committee of arbitration awarded benefits in
the case of a claim based on illness said to be due to the severe shak
ing of the floor on which the workman sat while at work, the referee
physician reporting the case as one of “ occupation neurosis due to
continual vibration” ; but the supreme court of the State reversed
an award for neurosis caused by a bad posture of a cigarmaker
while at his work, saying that nothing appeared to show a necessary
connection between the work and the posture, so that the induced
neurosis could not be regarded as an injury arising out of the em
ployment (In re Maggalet, 225 Mass. 57, 116 N. E. 972).
Quite similar to the circumstances in the Maggalet case are those in
a case (PimentaFs case, 127 N. E. 424), in which a somewhat de
formed cigar worker was unable to sit evenly and squarely on account
of a bodily deformity. He developed a condition of neuralgic pain,
which the court found as a “ reasonable inference” to be “ not due to
his occupation, but was rather the result of faulty posture brought
about by long and laborious work. ” The case was held not to be one
of disease. “ Pain is not disease, nor is disease resulting in pain a
personal injury.”
In the Johnson case, above, the same judge wrote the opinion as in
the Pimental case, saying in the earlier case that “ it is clear that
‘personal injury’ under our act includes any injury or disease which
arises out of and in the course of the employment, which causes in
capacity for work and thereby impairs the ability of the employee
for earning wages.” It is the more surprising therefore to read in the
later case:
“ If it could be held that the employee was suffering from an occu
pational disease, still the workmen’s compensation act does not in
terms include disease. It can not be held to cover disease contracted
by employees in the course of and arising out of their employment.”
It can not only be said that this statement is in exact contradiction
of the language used by this judge in the Johnson case (which is said
to be “ not an authority in favor of the contention of the employee
in the case at bar” ), but it is also out of harmony with the very
desirable trend toward broad and adequate coverage for industrial
disabilities. The statement is not required as a basis for the decision
reached in the Pimental case, and the hope may be entertained that
on further consideration it will be regarded as obiter, and the forwardlooking attitude of the earlier Massachusetts cases be continued.
Lead poisoning is so typically a disease of occupation that the
attitude of a court or commission on a case of this malady is deter

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minative of the construction of the local law on the entire sub
ject; so that the ruling of the commissioner of industries of Ver
mont that lead poisoning is not compensable under the law of that
State (Bennett case, 1918) must be taken as a guide for the inter
pretation of the law in that field. It was said that, though the injury
arose out of and in the course of employment, it was not accidental,
and therefore not within the act. The Superior Court of Rhode
Island based its judgment somewhat differently, though with the
same practical result, when it denied a claim for compensation for
neuritis developed in the hand of a workman engaged in punching
holes in rubber balls, subjecting his hand to great strain, and fur
thermore receiving a wrench by the accidental twisting of a ball in
a specific instance, the claim being overruled simply on the ground
that it was for an occupational disease, and was for that reason not
within the act.
The law of Michigan in its body uses the same phraseology as that
of Massachusetts, and the industrial accident board of the State held
that the language was broad enough to include cases of occupational
disease, the particular instance being one of lead poisoning. The
supreme court of the State .took the opposite view, construing the
compensation act as a substitute for the old liability laws only, pro
viding relief in cases of accidental injuries, and not embracing new
fields. It was further held that the title of the act, which indicated
its purpose to provide “ compensation for accidental injury or death,”
was sufficiently restrictive to exclude occupational diseases not due to
accident (Adams v. Acme White Lead & Color Works, 148 N. W.
485).
The Ohio statute, while not containing the word “ accident,” has
been construed by the industrial commission of the State to be re
stricted in its application to injuries other than those which can be
classed as diseases. It was admitted that the word “ injury” might
be so construed as to include every kind of disability, whether due to
accident or not, “ but if the word is to be taken in its ordinary and
popular sense, then the applicant is not entitled to compensation, for
by the term ‘injury' is generally understood some sudden and un
expected event inflicting bodily harm and resulting in a period of
disability.” The fact that the constitution of the State had just been
amended so as to specifically authorize compensation for occupational
diseases was also referred to as supporting the construction. A case
of lead poisoning incurred in factory processes thus decided adversely
to the claimant by the industrial accident commission was reversed
by the trial court, and compensation awarded. This case reached
the supreme court of the State, however, and the award of the com
mission denying compensation was approved, practically for the
reasons assigned by the commission (Industrial Commission v. Brown,

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123

110 N. E. 744). However, when a laborer died from poisoning by
fumes given off by paint being heated in a closed room, preparatory
to its use on a cold day, the court ruled that this was a death by misadventure and not from a disease incident to the occupation and
“ developed in the usual and ordinary manner by reason of and
because of the occupation.” The rule against occupational diseases
did not apply, therefore, and an award by the commission was
affirmed (Industrial Commission v. Roth, 120 N. E. 172). What was
said to be a border-line case was approved by a judge in a Minnesota
case, where tin poisoning developed so suddenly and under such cir
cumstances as to “ conform to the requirements of an accident,”
and was compensated (Meisel case, 1919), and the Supreme Court
of New York allowed a claim where a workman was disabled by rea
son of the poisonous fumes and gases which were allowed to accumu
late in his working place, the injury being classed as accidental
(Naud v. King Sewing Machine Co., 159 N. Y. Supp. 910).
In Texa*, though the word accident does not appear, the court
held that the law relates to accidental injuries. However, the dis
tinction w^as between accidental and intentional injury, and not
between accident and disease (Middleton v. Texas Power & Light
Co., 185 S. W. 556). No decisions or rulings have come to hand
relative to the construction of the law of West Virginia as to this
point. In Colorado a dishwasher complained of a rash caused by
sal soda used in the dishwater, claiming compensation therefor. The
State industrial commission held that the disability was not due to
accident, as is required by the statute, but was an occupational dis
ease and not compensable. In Illinois injuries that might be classed
as diseases were admitted under the act, one case being that of a
punch pressman who after three days’ work found his arm numb
from constant vibration, with acute pain, necessitating cessation of
work. The diagnosis was traumatic peripheral neuritis, resulting in
practical loss of the use of the right arm. An award was made over
the contention that there was no accidental injury within the mean
ing of the compensation act. So also in the case of an employee
working on an inside pipe at a pumping station within from 1 to 5
feet of a gas flame. There was imperfect combustion, and death
followed within 24 hours after a collapse, an autopsy and analysis
of the blood showing cerebral hemorrhage caused by gas poisoning,
due to the inhalation of the unburned particles of gas. The indus
trial board took as its definition of an accident, “ an untoward event
which is not expected or designed,” and ruled that there was a causal
connection between the conditions of employment and the resulting
injury warranting the award.
A later Illinois case that reached the supreme court of the State
(Mattheisen & Hegeler Zinc Co. v. Industrial Board, 120 N. E. 249)

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involved a claim for death due to inhaling fumes given off by oxide
of zinc in a smelter. The poison was said to have accumulated dur
ing a long period, with a fatal climax. An award in favor of the claim
ant was affirmed, the court saying that “ the word ‘ accident’ is not
a technical legal term with a clearly defined meaning, and no legal
definition has ever been given which has been found both exact and
comprehensive as applied to all circumstances.” It was said that
the statute was “ meant to include every injury suffered in the course
of employment for which there was an existing right of action at
the time the act was passed; also, to extend the liability of the em
ployer to make compensation for injuries for which he was not
previously liable and to limit such compensation” ; and if there is
“ a definite time, place, and cause, and the injury occurs in the course
of the employment, the injury is accidental within the meaning of
the act.” The company claimed that in 50 years they had never
had a case of either sickness or death from such poisoning, but also
denied liability for compensation on the ground of the death being
due to an occupational disease. The court ruled that there was no
evidence to prove that the poisoning was a disease incident to the
occupation, and the award was affirmed.
The industrial board of Indiana awarded compensation to a work
man who suffered from an eruption and sores on his hands, follow
ing the use of the same gloves for four days, without cleaning, while
handling TNT powder, for which work fresh gloves had custom
arily been supplied daily.
A New Jersey case quite similar to that of the dishwasher in Colo
rado is one that was passed upon by the New Jersey Supreme Court,
where claim was made for an eczema probably due to acid used in a
bleachery. This was held not to be an injury by accident, since no
specific time or occasion of its occurrence could be pointed out
(Liondale Bleach, Dye & Paint Works v. Riker, 89 Atl. 929). The
industrial commission of Wisconsin in November, 1913, and Decem
ber, 1914, had before it cases in which claims were made for disability
from lead poisoning. In the earlier case it is said that “ lead poison
ing is an occupational disease and is not contemplated within the
provisions of the act, except such as might follow so quickly and
proximately from some specific condition in the employer’s business
that it could be included within the meaning of the word 1accident ’
as used in the law.” In the other case it was said that if the poison
ing was due to the inhaling of lead it must have been through a
considerable period of time, “ which in its culminative effect resulted
in an occupational disease, which is not an injury within the meaning
of the act.” An amendment of 1919 includes occupational diseases.
The Pennsylvania law limits its benefits to injuries due to “ vio
lence to the physical structure of the body.” Claims were presented
in a case of anthrax without evidence of any wound or cut, and in

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125

one of palsied wrist caused by inhaling acid fumes, the industrial
board holding in both cases that the act did not extend to such
injuries. However, compensation was allowed where the claimant
was made sick from inhaling fumes caused by an explosion in the
workroom, the board holding that such “ involuntary inhalation of
gas is an accidental injury” (Baith case, 1917); and the supreme
court of the State affirmed an award in the case of a wool sorter who
became inoculated with anthrax through an abrasion on his neck
(McCauley v. Imperial Woolen Co., 104 Atl., 617). The court pointed
out that though occupational diseases are not within the act, there
was in the contact with the anthrax germ a fortuitous happening,
determinable in time and effect, and of the nature of an accident
within the meaning of the act.
The Supreme Court of New York, appellate division, took identical
grounds in a similar case, the germ gaining access to the system
through a crack in the back of the workman’s hand. The injury
was said to be due to an attack “ made unexpectedly by a concealed
disease germ” (Hiers v. John A. Hall & Co., 164 N. Y. Supp. 767).
The same court affirmed an award in a somewhat later decision
(Eldridge v. Endicott, Johnson & Co., 177 N. Y. Supp. 863), in which
the case of a man dying from anthrax was considered. In the Hiers
case it was at least presumable that the crack in the hand was the
result of the conditions of the employment; but in the Eldridge case
it was admitted that the germ gained access to the system through
a slight cut inflicted by a barber on the day prior to the development
of the disease. In affirming the award as for an accidental injury
arising out of and in course of the employment, the court cited as
authority a recent decision of the court of appeals of the State (Horrigan v. Post-Standard Co., 224 N. Y. 620, 121 N. E. 872). In this
case a workman had cut his finger while at home, the cut evidently
becoming infected while he was at work the next day by contact
with filth, blood poisoning and death following. This case was dis
posed of in a memorandum decision, the ruling being merely that
the poisoning was the result of the work in which he was employed
rather than of the cut received at home. However, the court of
appeals reversed the decision in the Eldridge case, and remanded it
to the industrial commission for rehearing, on the ground that there
was no evidence that the anthrax was contracted from the hides
handled (126 N. E. 254). It was said that the commission was not
authorized to take judicial knowledge of the presence of anthrax
germs in the hides, some evidence at least being necessary.23
Disfigurement.—Injuries disfiguring but not disabling the recipient
raise questions under laws whose intent is economic and not to make
good suffering or injuries not interfering with industrial opportunity.
23 Chapter 538, Acts of 1920, extends the law to cover anthrax and 22 other enumerated “ occupational
diseases.”

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

However, it must be recognized that disfigurements of certain kinds
are a pronounced hindrance to employment, and particularly in cer
tain lines of employment, and specific provision is made for their com
pensation in the laws of some States.
The industrial board of Illinois made allowances in cases where,
even though there was no wage loss immediately effected, it was
probable that the disfigurement was sufficient to affect the earning
capacity or opportunity for employment in another occupation; but
in a case where scars on the head would not be seen unless the hair
was cut very short, it was ruled that no award was warranted. The
statute provides for such awards where no claim is made for perma
nent partial or total disability. An award for disfigurement that
also took account of “ other disabilities” was therefore reversed by
the supreme court of the State, and new proceedings were directed,
to follow the terms of the act in excluding the idea of a permanent
partial disability, if compensation for disfigurement was in issue
(Stubbs v. Industrial Board, 117 N. E. 419).
In an Oklahoma case (Adams v. Iten Biscuit Co., 162 Pac. 938) the
claimant suffered permanent injuries and also serious disfigurement.
It was urged that the compensation law was inadequate, and that at
least a right of action for the disfigurement should be had. The
court ruled to the contrary, holding that it was the legislative intent
to provide by the act for all accidental injuries, and not to divide
them up, and that the compensation provided by the act was intended
to be exclusive.
A contrary view to the foregoing was taken in a Louisiana case, in
which a woman lost her scalp (Boyer v. Crescent Paper Box Factory,
78 So. 596). Here the temporary total disability for which the law
provided compensation was said to be less of an injury than that
sustained which was not a disability affecting earning power. The
law was therefore said not to cover such a case, and a judgment for
damages was affirmed.
The Iowa statute was construed by the compensation commissioner
of the State to give compensation only in cases of actual disability,
and no claim was allowed in the instant case. It was said, however,
that no decision was made on the question of a disfigurement which
would prevent the obtaining of any employment. Rulings covering
the loss of an ear are on hand from three sources, the industrial
accident board of Michigan and the labor commissioner of Minne
sota making allowances for the mutilation, while the New York
Supreme Court, appellate division, ruled that such an injury was
neither enumerated in the schedules of the law nor did it cause dis
ability, so that no compensation could be awarded for it. It was
said, however, that the right to sue for such an injury was not affected
by the statute, it not being included under it, so that an action at

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127

common law would lie (Shinnick v. Clover Farms Co., 154 N. Y.
Supp. 423). The supreme court of the State in special term in a
later case (Connors v. Semet-Solvay Co., 159 N. Y. Supp. 431)
rejected this view and allowed compensation for burns causing dis
figurement and pain, saying that no recovery could be had apart
from the compensation act, holding that the compensation law covers
all points of the employer’s liability, and citing the court of appeals
of the State (Jensen v. S. P. Co.) as authority.
An amendment of 1916 to the law of New York authorizes the
industrial commission, in its discretion, to allow awards in cases
of serious facial or head disfigurement, and fixes a maximum. The
court of appeals of the State recently affirmed an award in behalf
of a woman whose scalp and face were torn by the catching of her
hair on a revolving shaft, saying that the amendment in question
had so far modified the original basis of the law, which was to com
pensate for disability to work. There was no award for loss of earn
ing power, that not being ascertainable at the time, and the question
was held open. It was held that concurrent awards might be made,
one for loss of earning power and one for the facial or head dis
figurement, but that it should be clear that the latter did not include
any allowance for the former; and as this appeared to have been
safeguarded in the instant case, it was held that the award should
stand (Erickson v. Preuss, 119 N. E. 555); and in a quite similar case
the same court affirmed an award on the ground that disfigurements
had a tendency to impair earning power (Sweeting v. American Knife
Co., 123 N. E. 82), asserting also that the statute would stand even
though the facial disfigurement were unrelated to loss of earnings.
The constitutionalty of this provision of the law was sustained
in a case that reached the Supreme Court of the United States (New
York Central R. Co. v. Blanc, 40 Sup. Ct. 44). It was contended
that only impairment of earning capacity warranted a compulsory
payment of compensation, and that the “ disfigurement clause” of
the act was arbitrary and oppressive, violating the constitutional
rule as to due process of law. The court ruled that earning power
might be reduced by other than mere reasons of capacity; nor could
it concede that impairment of earning power is the sole ground for
compulsory compensation to injured workers. The amendment was
therefore upheld and the judgments upholding awards affirmed.
The doctrine expressed in this opinion finds application in the case
of other injuries, not necessarily impairing earning power, but unde
niably constituting physical injuries. Conflicting opinions in two
such cases are found in a New Jersey case (Hercules Powder Co. v.
Morris County Court of Common Pleas, 107 Atl. 433), and one de
cided by the Appellate Court of Indiana (Centlivre Beverage Co.
v. Ross, 125 N. E. 220). Both cases involved the loss of a testicle

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COMPENSATION LAWS OF THE UNITED STATES.

as the result of accidental injury. The Supreme Court of New
Jersey ruled that the law did not limit benefits to cases of loss of
earning power, but that the injured man might properly be com
pensated for a “ permanent impairment of his physical entity,” such
as was suffered in the case at hand. The Indiana court, on the other
hand, reversed an award made by the industrial board, saying that
the injury was not one specified by the act, nor was it one likely to
‘ ‘impair the future usefulness of the employee." It was held that
loss of earning power was the sole basis for compensation, in contrast
with the two opinions last cited.
Accidental injury as proximate cause.—The cases that arise under
this head are complicated by the fact that a prior existing condition
or a subsequent intervening event appears to modify the normal con
sequences of the conditions involved in the industry and the accidents
that may result therefrom. Where the laws are construed as apply
ing only to cases of accidental injury, using that term in its customary
significance, there is great difficulty in determining the proximate
cause of the physical conditions for which claims are submitted—
i. e., whether or not the causal connection between the condition and
the alleged happening back of it is such as to support a claim. It
is a common rule that where, on account of preexisting conditions, as
of varicose veins, hardening of arteries, or incipient or latent tubercular, cancerous, etc., conditions, the employee is peculiarly liable to
serious results from comparatively slight injuries, ‘ ‘the employer takes
his employee subject to the physical condition he is in at the time
he enters the employment";24 and even though the injury was in
reality but an aggravation of existing conditions, compensation must
be paid where the injury actually caused the disability of a person
otherwise able to continue in employment. This rule is followed by
the California industrial commission, but in a case in which recovery
from ulceration and varicose veins was prolonged by reason of a
previous ulceration which had destroyed the true skin and left only
a scar tissue of slow-healing capacity, the period of compensation was
restricted to an estimated period ordinarily required for recovery
from varicose ulceration. The Ohio industrial commission allowed
full benefits for the death of a man who was predisposed to apoplexy,
a stroke having been induced by overexertion in the course of his
employment. A ruling by the Massachusetts board on review
awarded total-incapacity benefits in the case of a man to whom an
injury had caused aggravation of an old arthritis of the spine, re
covery from the injury being interfered with by habits of regular
drinking which affected ‘ ‘circulation, heart, blood vessels, liver, and
kidneys. It will be a tremendously long time before such a spine
becomes normal. The accident is responsible for taking two or
*< Decisions, Industrial Accident Commission of California, vol. 2, p. 525.

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129

three years out of the man.” The same board, however, determined
that the general physical condition of another employee would have
incapacitated him in any event within approximately one year after
the date of the injury which effected his disability, and payments
were limited to that period; and a Minnesota county court decided
that the condition of a miner’s eye was such prior to the injury that
it would have become useless in 67 weeks, so that compensation
should be limited to the period thus fixed, where the injury resulted
in the blindness of the affected eye (Pintar v. Morton Mining Co.).
This corresponds to the action of one of the compensation commis
sioners of Connecticut in estimating the period of probable capacity
to remain at work of an injured man who was afflicted with a pro
gressive disease at eight weeks beyond the date of his injury, limiting
the award for compensation to that period.
It seems impossible to reconcile these rulings with another ruling of
the Massachusetts accident board in which compensation for the full
term was awarded a widow for the death of her husband from apo
plexy following heavy lifting. It was found that the man had pre
viously suffered from advanced arteriosclerosis, Bright’s disease, and
heart trouble, and “ probably would not have lived a year if he had
not been injured.” In making this ruling, however, the board cited
two decisions of the supreme court (In re Fisher, 108 N. E. 361, and
In re Brightman, 107 N. E. 527), in both of which the statutory
allowance was made for the death of employees who v^ere affected
by weakness of the heart and succumbed after exertion which would
probably not have produced any serious results in the case of a
person in normal physical condition. That this is definitely the posi
tion of the Massachusetts Supreme Court appears from the follow
ing, quoted from a later opinion handed down by it (In re Madden,
111 N. E. 379):
There is nothing said in the act about the protection being confined
to the health^ employee. The previous condition of health is of no
consequence in determining the amount of relief to be afforded. It
is the injury arising out of the employment and not out of disease
for which compensation is to be made. Yet it is the hazard of the
employment acting upon the particular employee in his condition
of health, and not what the hazard would be if acting upon a healthy
employee or upon the average employee. All who rightly are de~
scribable as employees come within the act.
This rule was also applied in a case, Crowley v. City of Lowell,
111 N. E. 786, in which' an accident to a man having dormant
syphilis resulted in insanity.
The industrial commissioner of Iowa, in discussing a case in which
there was a syphilitic condition which presumably doubled the
period of disability, ruled that there was nothing found in the law
which justified taking this difference into consideration, saying:
177982°—21—Bull. 272------9

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w o r k m e n ’ s COMPENSATION LAWS OP THE UNITED STATES.

It is my opinion that in Iowa compensation must be paid for the
entire period of disability and that you should not take into consid
eration the physical defects.25
The Supreme Court of Michigan took the same view as that ex
pressed by the Iowa court in a case (Hills v. Oval Wood Dish Co.,
158 N. W. 214) involving similar conditions. It was said that, as
suming that the disability was in fact prolonged by the disease, there
was yet no point at which it could be said that the consequences of
the injury ceased to operate, the claim being indeed that the conse
quences of the injury were prolonged rather than that they ceased to
have effect. “ There is no part of the period of disability that would
have happened, or would have continued, except for the injurj.”
Compensation was therefore to be continued during the whole term
of disability.
The Supreme Court of Louisiana took the same position where a
latent case of locomotor ataxia was developed by an injury, though
there was “ no doubt” that the plaintiff’s physical disability resulting
from the accident “ is worse than it would be if he had not been
diseased” (Behan v. John B. Honor Co., 78 So. 589); and the
Appellate Court of Indiana affirmed an award for death from a
ruptured aorta caused by a strain, although it was evident that the
aorta was in such a diseased condition that death would eventually
55 The provisions of the laws vary in regard to any limitation in this field, but they generally undertake
to exclude diseases not the result of injuries in the employment, the law of Kentucky excluding also “ the
results of a preexisting disease.”
An obvious necessity for safeguarding the situation in this respect is the examination of applicants for
employment, and it has been suggested that this duty be performed by the State so as to enable such dis
tribution or employment of impaired workmen as will best avoid their being entirely deprived of oppor
tunity for self-support. The industrial commission of Ohio has a special bulletin on this subject (Physical
Examination of Wage Earners in Ohio, 1915), giving an account of results of examinations of applicants
and employees in establishments employing some 68,000 persons. An Executive order of President Taft,
date of Dec. 7, 1912, covering “ all artisan and supervisory artisan positions under the jurisdiction of the
Department of the Navy” under the competitive classified service, contains the following:
“ No artisan or supervisory artisan whose position is included in the classified service by this order shall
be classified unless he has established his capacity for efficient service or has been examined and found
qualified by the labor board and is recommended for classification by the commanding officer under whom
he is employed.”
In accordance with the foregoing, instructions were drafted by the Civil Service Commission in 1914
barring applicants from examination who are affecteft by insanity, tuberculosis, paralysis, epilepsy, blind
ness, loss of both arms or both legs, loss of arm and leg, badly crippled or deformed hands, arms, feet, or
legs, uncompensated valvular diseases of tjie heart, locomotor ataxia, cancer, Bright's disease, or diabetes.
Ratings were also adopted showing deductions for the impairments named ranging from 5 per cent to
rejection.
Besides the rejections named, contagious or infectious disease (including venereal) and arteriosclerosis
were added. Deductions from 30 per cent to rejection were directed in case of loss of hand or foot or hernia;
from 15 to rejection for piles,fistula, or fissure, and for deformities, old fractures, etc.; from 10 to rejection
for chronic disorders of stomach or bowels; and from 5 to rejection for rheumatism or history of it. Also
deductions of 30 per cent for valvular disease of heart fully compensated, as attested by certificates of two
physicians; 15 for loss of eye, middle ear disease, or deafness; 15 to 30 for spinal curvature, loss of one or more
fingers or toes; 10 to 25 for enlarged heart (unaccompanied by valvular disease) or irregular heart; 5 to 30
for varicose veins; 5 to 25 for skin dieseass (noncontagious) and chronic bronchitis; 5 to 15 for chronic tonsilitis
or pharyngitis; 5 to 10 for varicocele, minor defects of vision, deficient chest mobility, insufficient muscular
development, obesity, too rapid heart, or deviation of nasal septum, cleft palate, etc.
A rating of at least 70 per cent on physical ability is required for all positions filled through noneducational examinations.

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131

result therefrom, even without severe exertion (Indian Creek Coal &
Mining Co. v. Calvert, 119 N. E. 519).
That a case of appendicitis was the result of a blow on the walls of
the abdomen, and compensable under the act, was the ruling of the
accident board of Maine, the injury following a fall against an object
near the injured man’s working place, the floor being slippery with oil.
A Connecticut commissioner made a full award in the case of a man
suffering from appendicitis, the appendix being ruptured by a strain,
resulting fatally; and an award was affirmed by the Supreme Court
of New Jersey, where an internal cancer was ruptured by effort while
at work, with fatal results, the court saying: “ But for the injury, life
might have continued for a considerable period ” (Voorhees v. Smith
Schoonmaker Co., 92 Atl. 280); while the California commission held
that the fatal consequences of a perforation caused by gastric ulcer,
following an effort in cranking an automobile, was not compensable,
as the effort was only the occasion of the injury and not the cause.
An unusual situation developed in the case of a ‘Connecticut employee
who had practically lost the sight of an eye previously, but received
an injury necessitating its removal. The award made was for the
period of total disability and for medical, surgical, and hospital servr
ices prescribed by the law, and not for the loss of an eye.
The administrative bodies of Michigan and Wisconsin ruled against
claims where workmen fell as the result of illness and injured
themselves by so falling, the Michigan board saying that “ the em
ployer is not lifeble for injury due to illness rendering the employee
incapable of properly guarding himself against injury” ; while the
Wisconsin commission declared that “ such injuries are not subject
to compensation.unless they result from unusual physical conditions.”
The New York commission, on the other hand, awarded the regular
benefits in a case in which an employee fell in a fit of apoplexy and
was burned by a pail of hot tar which he was carrying. And the
Appellate Court of Indiana held that compensation should be paid
as for an injury arising of the employment, where a workman fell into
a tank of water and was drowned while seized by an epiieptlc fit
(Miller v. Beil, 127 N. E. 567). It was said that, though his physical
condition was the remote cause of the death, the consequences were
due to his employment requiring htm to work at or near the tank.
A case of this nature was passed upon by the Supreme Court of
Michigan, where a workman on a properly constructed scaffold
fell in an epileptic fit and received fatal injuries. The court held
that he was not within the act, since the injury did not arise out
of the employment, the illness being the proximate cause of death
(Van Gorder v. Packard Motor Car Co., 162 N. W. 107). Some em
phasis is given to the fact in the foregoing case that the employer was
not aware of the liability of the employee to sueh fits, biri in a case

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considered by the Supreme Court of California, involving practically
identical circumstances, an award was denied without reference to
the fact of ignorance or knowledge, simply on the ground that the
injury arose from the fact that the injured man was an epileptic and
did not arise out of the employment (Brooker v. Industrial Accident
Commission, 168 Pac. 126). A distinction is drawn between cases
of this nature and cases where the injury, “ though apparently caused
by the idiopathic condition of the employee, is due in part also to the
overexertion of the employee in performing his work, or to the nature
of the work or the appliances furnished to him with which to work,
or to the lack of proper safeguards against the ordinary dangers
of the place of work, the injury being sometimes greater because of
his idiopathic condition.”
In this connection may be noted a ruling of the Supreme Court
of New York (Santacroce v. Sag Harbor Brick Works, 169 N. Y.
Supp. 695), affirming an award in behalf of a workman who had
previously been in good health, but who suffered at the time from
“ an attack of vertigo or some similar disorder” and fell from a
height of 15 feet. It was there held that the dizziness, fall, and injury
were all due to the place and nature of the employment. In a case in
which a fall while at work apparently lighted up a latent infection,
the Wisconsin commission allowed a claim for resultant disability.
A different form of the question of proximate cause was passed
upon by the Supreme Court of Massachusetts, which sustained an
award in the case of death from suicide following insanity, the em
ployee having had his eye burned from a splash of molten lead, the
court saying that if the injury arose out of and in the course of employ
ment it was not of importance whether the consequences appeared
natural and probable or abnormal and inconceivable, the only ques
tion being whether or not they actually resulted (In re Sponatski,
108 N. E. 466).
The question of sequence w~as also before the appellate division of
the Supreme Court of New York in Plass v. Central N. E. R. Co. (155
N. Y. Supp. 854), in which a railroad section man was poisoned by
contact with poison ivy, blood poisoning, bronchitis, congestion of the
lungs, and death following. These facts found by the industrial
commission were held not open to review by the court, there being
“ certainly some evidence to warrant them.” The award in this
case was affirmed by the court of appeals of the State (123 N. E. 852).
The question of proximate cause is quite closely related to that
of the preexisting condition of the employee in many instances, an
illustration being found in a case decided by the compensation com
mission of New York, in which a man injured by burning developed
delirium tremens while in the hospital and died. The ruling of the
commission was in favor of the dependent claimant, on the ground

PARTICULAR PROVISIONS OF THE LAWS.

133

that the primary cause of the death was the burning, the delirium
tremens being contributory. The industrial board of Massachusetts
took the same view in a case in which a fracture of the leg resulted
fatally by reason of the low resistance of the injured man, due to
regular use of alcohol. The chain of incidents was given as injuiy,
sepsis, delirium tremens, death, the death being held to be connected
with the injury. The Supreme Court of Michigan affirmed an award
of compensation in a very similar case (Ramlow v. Moon Lake Ice
Co., 158 N. W. 1027), the view being taken that the delirium tremens
would not have developed at the time but for the injury.
“ An inconsequential fair7 resulted in the breaking of a diseased
bone of the leg, and the diseased condition necessitated the ampu
tation of the leg some inches above the fracture. While admitting
the propriety of an award for the accident, the Supreme Court of
New York, appellate division, held that an award for the loss of the
leg was not warranted (Brady v. Holbrook etc. Corp., 178 N. Y.
Supp. 504), citing Richardson v. Greenberg (188 App. Div. 248,
176 N. Y. Supp. 651), in which the distinction between accident and
disease was more fully discussed.
The Supreme Court of Wisconsin denied compensation to a man
who, when recovering from a hurt, engaged in a boxing bout which
seems to have excited bacteria that were walled oil so as to be harm
less, but by blows received were brought into the circulation, re
sulting in blood poisoning. It was held in that case that the original
hurt was not the proximate cause of the subsequent disability, but
that it was superseded by.an act not in the course of employment
(Kill v. Industrial Commission, 152 N. W. 148).
Subsequent happenings were involved in a case in which a man
fractured his knee in October and was making normal recovery, when
he slipped and fell the following March, loosening the bone, and again
fell in July and received injuries while waiting to receive his crutches
after getting out of a wagon. The contention was raised that no
compensation should be allowed for the prolonged disability result
ing from these falls; but the Supreme Court of Michigan held that
there was nothing to show willful misconduct; that the injured man
was apparently doing nothing contrary to his doctor’s orders; and
that the infirmities from which he suffered were the consequences of
his original injury, so that payment should be continued, even though,
barring mishaps, recovery should have been complete at an earlier
date (Cook v. Hoertz & Son, 164 N. W. 464). Under the Massa
chusetts law decisions are originally made by a committee of arbi
tration, and in a case passed upon by such a committee it was shown
that liquor had been smuggled to the injured man while in the hos
pital, and the conclusion was reached that death was due to the delir
ium caused by such surreptitious use of liquor, and compensation
was denied.

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W O RK M E N ’ S COMPENSATION LAWS OF THE UNITED STATES.

A somewhat unusual distinction was drawn by the Superior Court
of Rhode Island (Gross case, 1917), which held that an injury
accelerating an existing disease was compensable only for the period
of the disability estimated to be due to the inj ury, and made an award
of six months1 benefits where there was actually a fatal termination,
when death might have been little, if any, delayed had there been
no accident (see Pintar case, etc., p. 129). On the other hand, the
Supreme. Court of Michigan sustained an award in the full amount
for the loss of an eye, where the injured eye was, in fact, so defective
before the accident as to be capable only of distinguishing light and
seeing approaching objects. It was said that the law did not specify
a normal eye as the basis of awards, though conceding that a mere
sightless organ might be considered no eye at all (Purchase v. Grand
Rapids Refrigerator Co., 160 N. W. 391; see ruling of Connecticut
commissioner, p. 131).
Pneumonia, regarded as the result of an accident, formed the basis
of awards by the commissions of New York and West Virginia, while
the Massachusetts accident board on review denied compensation in
a case where a janitor, overheated while stoking a furnace, became
chilled while sweeping, the finding being that there was no personal
injury in the course of employment, so that no compensation was due.
In the New York case a watchman fell and broke his leg and devel
oped static pneumonia and pleurisy, followed by death. In one of
the West Virginia cases the injured man was kicked in the chest,
while in the other the injury consisted of a fracture of the skull.
Obviously the development of a case of inhalation pneumonia fol
lowing an operation for compensable hernia would furnish a basis
for an award (Industrial Accident Board of Massachusetts). That
the injury was the proximate cause of death was determined by the
industrial accident commission of California in a case in which a
blistered heel, due to the wearing of boots, furnished by the employer,
too large for the employee, was followed by blood poisoning, uremia,
and death, it being held that the chain of causation was complete.
Where a chauffeur’s arm was broken, and unpadded splints led to the
formation of an abcess, followed by blood poisoning and anky
losis of thumb and fingers, the Supreme Court of New Jersey allowed
an award, as without the happening of the original injury none of
the subsequent events would have taken place (Newcomb v. Albert
son, 89 Atl. 928); and a district court judge of the same State allowed
a claim for the death of an upholsterer from cancer which was held to
be traceable to injuries to the tongue caused by his holding tacks
in his mouth, according to the custom of the trade.
Somewhat stricter than the foregoing appears to be the ruling of
the Supreme Court of Kansas in a case (Ruth v. WitherspoonEnglar Co., 157 Pac. 403), compensation for total disability

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135

being disallowed on the ground that it was due, not to the
original injury, but to the malpractice of the physician treating the
case. The cause was remanded to the lower court for a determination
of the extent of the injury due directly to the accident as distin
guished from the subsequent malpractice.
COVERAGE.

The question of coverage, or the exclusion or inclusion of desig
nated groups of employment or occupation, is one that is disposed of
quite differently in the laws of the different States. Experience under
the acts has tended to a broader inclusion by amendatory legislation
in a number of cases, while on the other hand the difficulty attendant
upon establishing different systems of relief in cases of the identical
employment of railroad employees engaged in interstate and intrastate commerce operates to eliminate entirely from the scope of com
pensation acts employees engaged in the movement of trains. The
cases under this head turn so largely on the specific wording of
the provisions of the acts that they are of less general interest, but a
few of them will be noted.
Domestic and farm labor.—The common omission of domestic and
farm labor is sometimes absolute and sometimes conditional. In
some States, in common with other excluded employments, it may
be brought within the act by an affirmative election. In others,
however, the exclusion is absolute by the terms of the act. Thus the
attorney general of Minnesota ruled that a farm owner could not bring
his workmen under the law of that State, which “ shall not be con
strued or held to apply to * * * farm laborers.” Questions re
quiring determination arise where there is a combination of duties or
of industrial undertakings. Thus the industrial accident board of
California excluded an employee who was in regular employment in
his employer’s saloon, but whose injury was received while cleaning
windows in the employer’s apartment above the saloon, such employ
ment being classed as household domestic service and not compen
sable. On the other hand, a horseman and general utility man about
a house, caring for the garden, lawn, etc., was held to be within the
compensation act while exercising horses belonging to the employer.
The Supreme Court of Illinois rejected a claim on account of the
injury of a carpenter received while building a crib for a farmer, the
ground being taken that the farmer was not engaged in the business
or occupation of building, the work itself not being extrahazardous
and the business of farming being excluded from the act (Uphoff v.
Industrial Board, 111 N. E. 128). The question is approached from
the other side in a case before the industrial board of this State
where a farm hand and teamster on the farm of a seedsman was
injured, the employer maintaining a seed warehouse with an elevator

136

W O R K M E N ^ COMPENSATION LAWS OF THE UNITED STATES.

subject to city ordinances and a storeroom, so that he was an em
ployer within the hazardous class and had elected to accept the law.
The employer was held bound as to all employees except those
specifically exempted, this exemption including the claimant in the
present case.
The Massachusetts law was construed by the supreme court of
that State so as to permit a farmer and market gardener to insure
drivers and helpers, while omitting laborers whose duties were
strictly agricultural, the court saying that such a classification is
reasonable and valid and conforms to the spirit of the act (In re
Keaney, 104 N. E. 438). The industrial board of the same State
recognized similar distinctions in the case of an employer who in
sured his office force and other employees. The family chauffeur
was held not to be included in the policy of insurance, as his work
was not in the usual occupation of his employer, his principal duties
being to drive the car of his employer on errands of pleasure. The
industrial accident board of Michigan awarded compensation to
a farm laborer where the employer was a corporation whose business
it was to manufacture chemicals, serums, etc., incidental to which a
farm was maintained, the injury being caused by a kick from a
horse. It was held that the maintenance of the farm was in this case a
part of the manufacturing business of the company, and it was further
pointed out that the law of the State does not exclude farmers, but
merely places them under no added burdens if they fail to accept
the act. This was reversed by the supreme court of the State
(Shafer v. Parke, Davis & Co., 159 N. W. 304), on the ground that
the status of the employee was fixed by the work actually done by
him, and not by the fact that his employer had other interests,
not affecting the nature of his work.
Questions similar to the foregoing were passed upon by the indus
trial accident board of Texas in a case in which a partnership op
erated a farm and an irrigation plant. It was held that even though
the management of the two undertakings was the same, if they were
operated separately the irrigation plant could come under the statute
while the farm and the laborers on it would be excluded. It was
further said that the same workmen might be included or excluded
according as they were employed in the one undertaking or the
other. The same board in another case, however, excluded all the
employees on a farm and ranch, though one man was a mechanician
in charge of a considerable amount of machinery on the place. It
was added that even if a different ruling should be made with ref
erence to the mechanician it would not have the effect of bringing *
the farm laborers within the act.
No one who knows the actual hazard of farming operations, and
the accident rate incident thereto will claim that the exclusion of farm

PARTICULAR PROVISIONS OF THE LAWS*

137

labor from the compensation acts is based on its freedom from danger
of accidental injury. This is perhaps particularly true of the opera
tions of harvesting and thrashing, and the specialized nature of the
latter has opened the door to its inclusion in some cases. Thus the
Appellate Court of Indiana ruled that an employee engaged as a part
of the crew of a thrashing machine, which was moved about from farm to
farm thrashing oats and wheat at a fixed price per bushel paid to the
owner of the machine, was not a farm laborer within the exemptions
of trie Indiana statute. The fact that the farmer himself rarely
undertakes the work of thrashing, and that thrashing and milling
are industrially distinguishable from farming operations, was held
to sustain the view that such work should not be excluded from the
operations of the law, even though the machine is moved about
from farm to farm and operates on them (In re Boyer, 117 N. E.
507).
The Supreme Court of New York, appellate division, took a similar
view as to the nature of the work, so that an employee following a
thrasher was said not to be a farm laborer; and while the law did not
name the running of a thrashing machine as a hazardous business,
the fact that the injury was received while moving the separator
enabled a classification as operating a vehicle to be made, which
brought the case within the act (White v. Loades, 164 N. Y. Supp.
1023). The Supreme Court of Minnesota took the opposite view,
classing a separator man as a farm laborer, and not within the law of
the State (State ex rel. Bj^kle v. District Court, 168 N. W. 130).
Similar or perhaps greater hazards attend the operation of corn
shredders, which likewise are moved from farm to farm in the perform
ance of their work. The Supreme Court of Iowa classed an engineer
and laborer working for the owner of a shredder, who was an independ
ent contractor as to the work in hand, as a farm laborer engaged in
agricultural pursuits (Stycord v. Horn. 162 N. W. 249).
Hazardous employments.—The question of hazard is made the basis
of determining inclusions and exclusions in a number of the laws,
enumerations being made by the acts in a number of cases, while in
the others the matter is open to determination. The Supreme Court
of New York, appellate division, has had before it a number of cases
involving the definition of the term “ hazardous” under the act of
that State. Thus (Aylesworth v. Phoenix Cheese Co., 155 N. Y.
Supp. 916), a laborer employed b}r a company at harvesting ice
was held not to be within the act, since the harvesting of ice is not
classed as hazardous (since included by an amendment of the law’ ,
1916), and the employee was not working for the company in the
preparation of foods, in which case he would have been included. A
butcher or chef’s assistant in a hotel who cut an artery while prepar
ing a leg of mutton for cooking and died from the injury was held

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W O RK M E N ’S COMPENSATION LAWS OF THE UNITED STATES.

not engaged in the manufacture or preparation of meats or meat
products, so that no claim on his account could be allowed (De la
Gardelle v. Hampton Co., 153 N. Y. Supp. 162); so also where a driver
for a packing house, who in his ordinary employment would be in
cluded within the act, but who was sent on foot to deliver a retail
order and fell over a bucket of glass and received injuries from which
he died, it was held that he was at the time not in hazardous em
ployment (Newman v. Newman, 155 N. Y. Supp. 665; affirmed by
court of appeals).
While the business of warehousing is covered by the statute, it was
held that an employee injured while handling a barrel of vinegar for
a wholesale produce merchant in his warehouse was not protected by
the law, since the employer was not engaged in warehousing, that
phase of his business not being for pecuniary gain (Mihm v. Hussey, 155 N. Y. Supp. 860). The act by amendment of 1916 now in
cludes storage of all kinds. Another excluded case was that of a
janitor whose general duties were not of the kinds classed by the law
as hazardous, and who was injured while hanging out a flag, which
was a part of his duties. It was held that in the case of such em
ployees it must be specifically shown that the work in which the
employee was engaged at the time of his injury was of the hazardous
class, which was held not to be the case in the present instance,
though the man fell and broke his leg (Reisner v. Gross & Herbener, 155 N. Y. Supp. 946).
. Admitted to benefits by this court were a porter and elevator man
in a manufacturing and wholesale drug house in which some parts of
the work were hazardous, the court saying that an employee therein
would be presumptively included in the act (Larsen v. Paine Drug
Co., 112 N. E. 725); and a butcher’s helper in a retail establishment
who lost four fingers in an electric meat chopper, penumonia and
death ensuing, it being held that the injured man might be regarded
as included in the work of manufacture or preparation of meats or
meat products unless the employer showed specifically otherwise
(Kohler v. Frohmann, 153 N. Y. Supp. 559). Meat markets are
now within the act. A man injured while lifting glass from a cut
ting table in an establishment in which plate glass was polished,
mirrors made, etc., was presumed to be engaged in the manufacture
of glass, glass products, etc., unless specific facts to the contrary
should be presented in the defense. It was said in this case that the
employer’s premiums were the same, whether or not the employee
was engaged in hazardous employments at all times (McQueeney
v. Sutphen & Hyer, 153 N. Y. Supp. 554).
The court of appeals of the State had before it a case involving the
operation of an elevator, and reached the conclusion that this does not
come within the protection of the law unless the business in connec
tion with which the elevator is used is classed as hazardous (Wilson

PARTICULAR PROVISIONS OF TH E LAWS.

139

v. Dorfiinger Sons, 112 N. E. 567) This reversed a judgment of
the supreme court, appellate division, awarding compensation in the
case named on the ground that elevators should be classed as vehicles
“ other than on tracks.” An amendment of 1916 brings freight and
passenger elevators within the scope of the act.
The compensation commission of the State ruled in favor of a
hotel porter injured while at work in the hotel’s ice-manufacturing
plant, since, though his regular employment was not covered by the
act, the work in which he was engaged at the time of his injury
was held to be so, laying down the rule that employees in industries
that are nonhazardous as a whole are protected under the act while
engaged in occupations covered by it. In another case before this
commission an employee of a mining company, whose duties were
to act as policeman on the premises, was killed while making an
arrest. It was found that he was an employee of the company
under contract, and since the business of the company was classed
as hazardous, all its employees would be covered by the act, the
injured man in this particular instance being required to be on the
premises in the discharge of his duties, even though not actually
engaged in the physical operation of the plant. Other contentions
to the effect that the injury was not an accidental one, and that
it did not arise out of and in the course of employment, were rejected
and compensation awarded.
It is of interest to note that the law of New York, the most im
portant one using hazard as a basis, after several amendments
adding enumerated employments, has practically abolished this
test by making the law apply to all unenumerated undertakings in
which four or more “ workmen or operatives” are employed, or,
to state the matter differently, fellow service is declared to be a
basis of hazard, and no longer an employer’s defense. An amendment
of 1916 also makes compensation available by election for all em
ployments.
The Supreme Court of Washington met the contention of a tele
graph company that the work in which it was engaged was not haz
ardous with the statement that the legislature had declared the work
of construction of telegraph and telephone lines to be extrahazardous,
which it might do unless the court could take judicial notice that
such was not the case (State v. Postal Telegraph-Cable Co., 172.
Pac. 902). The company could not therefore be heard to dispute
the declaration, and it was held subject to the act.
The law of Illinois classes as hazardous the work of building, main
taining, repairing, etc., any structure. The supreme court of the
State held window cleaning to be a work of maintenance within the
meaning of the act, and sustained an award in favor of a claimant
for the death of a workman employed by a window-cleaning com
pany (Chicago Cleaning Co. v. Industrial Board, 118 N. E. 989) j!

140

WORKMEN *S COMPENSATION LAWS OF THE UNITED STATES.

but the building of a shed 32 by 24 feet and 17i feet high was de
clared not to be an “ enterprise” in which the building “ of any struc
ture” would bring an employer automatically within the act as
engaging in an extrahazardous employment (Uphoff v. Industrial
Board, 111 N. E. 128).
This law includes as extrahazardous “ any enterprise in which statu
tory or municipal ordinance regulations” govern the use or guarding
of appliances for the safety of the employees or the public. This was
held (Hahnemann Hospital v. Industrial Board, 118 N. E. 767) to
warrant an award for the death of an engineer in a hospital in which
the elevator, electric wiring, etc., were the subject of municipal
regulation, even though none of these instrumentalities was connected
with his death. The digging of trenches for sowers was held to be
within the class of extrahazardous wrork, which includes excavating
(Scully v. Industrial Commission, 120 N. E. 492).
Rulings on the question of hazard are obviously difficult, since they
would seem to be practically answered by the fact of the occurrence
of the injury which must happen before the case can come to consid
eration; and the fact of the injury is in itself proof that the occu
pation is at least in some degree hazardous. It is difficult, therefore,
to avoid the impression of unfair exclusion in cases where a work
man suffers injury in circumstances ordinarily giving rise to valid
claims for compensation, but finds himself, or his dependents in
case of fatal injuries, deprived of supposed rights, and, indeed, of
all possibility of recovery, because the industry is reckoned by the
courts or administrative commission as nonhazardous. Industrial
protection is incomplete in such a state of affairs, besides the un
certainty that exists where the decision rests on opinion, statistics
# of accident rates in specific industries not being available in many
cases to afford a real basis of determination.
In any view, the matter resolves itself into this, that if a given occu
pation is hazardous, those engaged in it may properly expect
provision to be made in their behalf; if the risk is comparatively
slight, the cost of providing for the occasional injuries arising in it is
not burdensome on the employer while ministering to the needs of
the injured individual, which are none the less urgent because of the
comparatively small number of persons injured in like circumstances.
Casual employment.—The exception in many laws of persons whese
employment is only casual and not in the usual course of the trade,
business, etc., of the employer has been passed upon in a number of
cases at hand. The California law requires for exception that the
employment shall be both casual and not in the usual course of the
employment, its provisions corresponding with those of the British act;
the Iowa industrial commissioner construes the law of that State to be
of the same effect. In a California case, w^here an employee passing

PARTICULAR PROVISIONS OF THE LAWS.

141

a creamery operated by his employer was requested to furnish aid
for a short time in work outside the usual course of his employment
and was injured while doing so, it was held that while his employ
ment in this case was casual it was nevertheless in the usual course
of his. employer’s business, so that he was entitled to compensation.
This commission has fixed an arbitrary term of one week as the stand
ard, employment for a less period being held per se casual, if not in the
usual course of the trade or business of the employer. A plasterer
doing less than one week’s work for a rooming-house keeper was held
excluded for both reasons, while a decorator who usually had his
carpenter work done by his regular emplo3?ees was required to pay
compensation to a carpenter hired for less than one week to do such
work for him. as it was in the regular course of the employer’s business.
Where a locomotive engineer wished a garage built on his prem
ises he engaged the services of a workman, who agreed to secure the
services of another man and assured the employer that the job would
not last more than five days, relying on which assurance the employer
did not insure his liability under the compensation law. The failure
of the workman to secure constant assistance prolonged the work
beyond the period of one week, but the California commission held
that the employer had a right to rely upon his employee’s agreement
to complete the work within a time which would have made the
employment casual, so that no compensation could be demanded.
The law of‘Massachusetts originally excepted persons whose em
ployment was but casual or not in the usual course of the trade, etc.,
of the employer, and under it a caterer was held not required to com
pensate for injuries to a waiter employed by him for a single occasion
(In re Gaynor, 217 Mass. 86, 104 N. E. 339). As employment on
occasion merely is the custom in this class of work, it is evident that
service of this nature was by this decision excluded from the act,
until an amendment of 1914 struck out the provision debarring casual
employees from its benefits. They are therefore now within the act
unless employed at work “ not in the usual course” of the employer’s
business.
The exclusion of casual employees not only leads to difficulties,
but to absurdities as well, and some harsh results have followed
their exception from coverage. The status of a workman not
employed in the business of the employer was considered by the
Court of Appeals of New York in a case (Bargey v. Massaro Macaroni
Co., 113 N. E. 407) in which a carpenter engaged in making altera
tions in the factory was injured while at work. It was held that
under the act the company was an employer in its capacity as a
manufacturer of foodstuffs, but as the carpenter was not engaged
in that work he was not an employee, his work having no relation to
the hazardous business of the employer. Recovery under the pro

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vision of the act covering the construction, demolition, and repair
of buildings was also denied on the ground that the company did not
carry on such occupation for pecuniary gain. An award of the com
mission of the State in the claimant’s behalf was therefore reversed.
The Supreme Court of Michigan, also, while recognizing that it
is usual for the owner of a hotel to have his rooms painted and deco
rated occasionally, set aside an award in favor of a painter and
decorator, holding that such work was not a part of the business of
keeping a hotel within the meaning of the State law (Holbrook v.
Olympia Hotel Co., 166 N. W. 876). The law of this State no longer
excludes casual employees.
Perhaps even more unsatisfactory than the foregoing is a decision
of the Illinois Supreme Court (two justices dissenting) declaring
casual the employment of a laborer on a highway who was killed by
a dynamite explosion while assisting in the removal of stumps. The
work of blasting was to continue but a comparatively short time,
and while the general work on the highway at the time was held not
to be hazardous within the meaning of the act, the work of blasting
was declared to be so; but this work was said to be “ a mere casual
or incidental employment in connection with the matter of grading
and repairing the road, this bringing the workman within the class
of casual employees who are not included within the act” ; this
though the workman was regularly and continuously employed in
the general undertaking (McLaughlin v. Industrial Board of
Illinois, 117 N. E. 819).
This is in contrast with the position of the Supreme Court of
Minnesota (State ex rel. Nienaber v. District Court, 165 N. W. 268),
which held that the driver of a street sprinkler, who went to the aid
of the driver of a coal wagon at his request, and was injured while
so aiding him, was an employee of the coal dealer, since, though the
employment was but casual, it was in the course of the employer’s
business and within the act.
As in the case of Massachusetts, such results have in some
States led to amendments enlarging the scope and clarifying the
purpose of the acts. Of principal interest, perhaps, under this head,
is the rectification of the conditions which arose under the New York
statute as set forth in the case of Bargey v. Massaro Macaroni Co.
The impropriety of excluding from the benefits of the act a carpenter
engaged in making alterations and repairs in a factory building,
merely because his employer was not engaged in the business of
erection and repair of buildings, was too obvious to remain without
remedy. The law of the State was therefore amended in 1916 so as
to include persons engaged in any of the hazardous occupations
named in the act who are in the service of an employer whose principal
business is that of carrying on or conducting a hazardous employment

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within the act, eliminating the earlier provision that the employee
must be himself at the time “ engaged in a hazardous employment in
the service of an employer carrying on or conducting the same,” thus
making it possible to compensate an employee in a hazardous occupa
tion differing from that ordinarily engaged in by employees of the
employer in his usual course of trade or business.
^A case practically identical with the Bargey case in its circumstances
arose under the amended law, when a bricklayer, employed by a litho
graphing and printing company to repair the walls of its plant, was
injured. The fact that an amendment had been recommended by the
industrial commission of the State so as to ^ cover employees called
in to do construction and repair work as in the Bargey case,” was
referred to by the court in its opinion, and it was held that the injured
man was entitled to benefits even though the work in which he was
engaged was entirely different from the regular business of the estab
lishment. The court below had denied compensation on the ground
that the employer did not carry on the employment of bricklaying for
pecuniary gain. This view was rejected by the court of appeals as
tending to nullify entirely the effect of the amendment, the court
saying also that the employer was carrying on a designated hazardous
business for pecuniary gain, and that the injury sustained by the
workman was in the service of the company, which was obligated to
maintain a suitable plant for the proper conduct of its business; and
since the employment in which the bricklayer claimant was engaged
was “ incidental and requisite to the business carried on by the
company,” under the law as amended he was clearly entitled to com
pensation (Dose v. Moehle Lithographic Co., 221 N. Y. 401, 117
N. E. 616).
So that although an employment may be properly classed as casual,
as where a workman was replacing a smokestack at a factory, he is
now within the act if the principal business of his employer is hazard
ous (Cummings v. Underwood Silk Fabric Co., 171 N. Y. Supp. 1046) ;
and even before the amendment of 1916 the court had gone so far as
to say, in a case where a handy man was putting in a shelf in a manu
facturing establishment, that if “ an employee is injured while per
forming an act which is fairly incidental to the prosecution of a busi
ness, and appropriate in carrying it forward and providing for its
needs, he or his dependents are not to be barred from recovery because
such act is not a step wholly embraced in the precise and character
istic process or operation which has been made the basis of the group
in which employment is claimed” (Larsen v. Paine Drug Co., 218
N. Y. 252, 112 N. E. 725).
The Supreme Court of Wisconsin also held that repairs in an in
dustrial plant, whether'usual and capable of anticipation, or such as
may occur but once in a long industrial life, are not without the usual

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course of business of the employer. It therefore affirmed an award
under a provision of law which excluded employees whose work ‘ 4s
but casual, or not in the usual course,” etc., where the injured man
was in no wise a regular employee of the establishment (Holmen
Creamery Assn. v. Industrial Commission, 167 N. W. 808). The law
of this State has also been amended by striking out the words ‘ is but
casual or.”
The strict attitude of the Illinois Supreme Court has already (p. 142)
been noted. A plasterer at work in an addition to the employing
company’s plant was fatally injured, practically at the completion
of a three-day job. The court denied his widow’s claim on the ground
that irregular employment, even through a period of years, was
casual within the meaning of the act (Aurora Brewing Co. v. Indus
trial Board, 115 N. E. 207). And where the work was admittedly
in the line of the employer’s business, a structural-iron worker who
was employed by a railroad for a job of three or four days’ duration
was held to be a casual employee, and not within the act (Chicago
G. W. R. Co. v. Industrial Commission, 120 N. E. 508). The law,
which was of the same effect as that of Wisconsin, noted above, was
similarly amended in 1917.
The laws of Connecticut and Minnesota agree with that of Cali
fornia in following the British act, so that even if the business is but
casual, if it is in line with the employer’s business, the employer is
liable (State v. District Court of Rice County (Minn.), 155 N. W.
103); while in a Connecticut case (Thompson v. Twiss, 97 Atl. 328),
an indefinite term of employment, though to last at least several
weeks, was held not to be casual, even though the work was not in
the main business of the employer, ‘ ‘yet a very substantial one.”
This viewpoint coincides with that of the compensation commission
of Pennsylvania; in this State the law excludes persons whose em
ployment is casual and not in the regular course of the employer’s
business. The commission rules that1‘the policy of the law is against
the creation of any situation whereby a workman can be engaged in
his occupation in the State of Pennsylvania and be deprived thereby
of the benefits of the workmen’s compensation act.” It was said
that if a farmer undertook to build a barn, hiring the men therefor,
they would not be classed as agriculturists because employed by him;
but if he hurriedly employed a workman to repair a suddenly dis
covered leak that would be a casual employment. This accords with
an earlier ruling by a referee in this State who allowed the claim of
a carpenter remodeling the residence of his employer, who was
engaged in no trade, but was held for the occasion to be engaged in the
business of reconstructing the home. It was said that if there was
“ time for premeditation, calculation, and design he must be consid
ered to have engaged in a business, and the employee under those
circumstances can not be considered as casual.”

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145

The attitude of the supreme court of the State is less liberal. In the
case of Marsh v. Groner (102 Atl. 127) the court denied compensation
to a plasterer who was engaged to do several days’ work on a residence
on which the work of remodeling had been carried on for some
months, the rejection being based on the view that the employer
was not engaged in the business of building in the sense intended by
the law. One justice dissented, saying that the majority had changed
the law from “ the regular course of the business” to “ the course
of the regular business” of the employer, thus unduly narrowing it.
Where an employee came to the employer’s house for one day each
week to assist in domestic duties it was held that such employment
was not casual but periodical, and injuries received during its con
tinuance were compensable (compensation commissioner of Connecti
cut). Quite similar was the view taken by the Maryland accident
commission in the case of an employee who received $2 per week
from an employer in a market, with the privilege of rendering serv
ices to other persons having stalls in the same market. An injury
received while at work for one employer was held not to be during
the rendering of casual services. Where one renders occasional serv
ices, but is under no contract and has no agreement therefor, the
defense of casual employment was held to apply in a Massachusetts
case, even though the employment was in the line of the employer’s
business. This ruling by a committee of arbitration is in harmony
with a decision of the supreme court of that State, where a teamster
with team rendered services of a few days’ duration once or twice a
year (In re Cheevers, 106 N. E. 861). The accident board of the
same State allowed a claim where an employee was supplied under a
contract with a union, the man not being hired as an individual but as
a member of the union; the injured man was supplied as a substitute
mailer, and was injured during the first day of his employment,
though he had been pretty constantly at work in other offices in the
city. The board held that his employment was substantially regular
and not casual and that he was working under a contract, so that
compensation must be allowed. The supreme court of that State
passed upon another case in which a workman employed to trim trees
to keep the wires of the employing company clear was directed by his
foreman to trim the limbs of a tree through which none of the com
pany’s wires ran. The court held that as he was supposed to dbey
orders it was none of his business to inquire as to the right of the com
pany to trim a particular tree, and that as he was doing what he had
been hired to do the work was not casual (In re Howard, 105 N. E.
636).
The Minnesota commissioner of labor ruled that the length of
service did not determine the nature of employment as casual in a
case where a contractor who had no regular employees took on such
177982°—21—Bull. 272------ 10

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men as he could obtain in a strange town for the purpose of a piece
of work which he had contracted to do there.
The Supreme Court of New Jersey applied a principle already noted
under this head in a case where a longshoreman was killed two hours
after taking employment. Men in his line of service do not work
regularly for one employer, but render services on the occasion of
ships coming into port, being a regular class of employees for this
purpose. The court held that such employment was not casual
despite its irregularity (Sabella v. Brazileiro, 91 Atl. 1032). The
industrial commission of Ohio holds the law of that State to cover
public employees without distinction as to whether casual or not.
The same view is taken of the Wisconsin statute by the industrial
commission of that State and of the Michigan law by its board.
Other exclusions.—The Washington statute was held not to author
ize the inclusion of elevators in mercantile establishments, the term
“ elevator,” where used in the act, referring to grain elevators, and
mercantile establishments not being among the extrahazardous places
of employment1 contemplated by the act (Guerrieri v. Industrial
Insurance Commission, 146 Pac. 608).
The law of Illinois includes occupations subject to statutory or
municipal regulations. This was held by the appellate court not to
cover occupations known not to be extrahazardous, so that the driver
of a milk wagon was held not to be covered by the act, even though
the dairy business was subject to municipal regulation. It was stated
that transportation and warehousing were mere incidents to the
conduct of the employer’s business and were not of such nature as
the act was intended to cover, and an award by the lower court was
reversed (Bowman Dairy Co. v. Noyes, 111. App.). The Supreme
Court of Washington, in passing upon this phase of the law of that
State, rules that a merchant who has repair shops and employs me
chanics in them is, as to such employees and mechanical depart
ments, engaged in extrahazardous employment within the meaning
of the act, though simply as a merchant he is not (Wendt v. Indus
trial Insurance Commission, 141 Pac. 311).
The Texas statute excludes railways operated as common car
riers, and this exclusion is held to cover street railways. The indus
trial accident board held that a company operating a street railway
and also an electric light plant would be under the act as regards the
latter if the electricity was furnished for other purposes than the
operation of the road. Labor being interchangeable to a certain
extent, it would be a question of fact in each case whether a claimant
was injured while working for the electric light plant as such or
was in the service of the railway company. The statute of this State
also has a provision exempting employers of not more than five em
ployees. It was held that a mercantile partnership operating stores

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147

in two different places in one city, each store having five employees,
might become a subscriber under the act on the basis of its aggregate
force of employees, since it was a single employer, though operating
separate establishments.
Inasmuch as compensation is to be paid by the employer or his
insurer to the employee, the question of who are employees is essen
tial. The compensation board of Pennsylvania denied benefits to
the secretary and treasurer of a mercantile company, who was also a
buyer, and sometimes sold goods behind the counter, saying that the
law was for the benefit of workmen and laborers serving at modest
salaries or for wages, under the direction and control of others, and
not for the executive officers of corporations. (Bastheim case, 1917.)
A similar conclusion was reached by the Court of Appeals of New York
in a case (Bowne v. S. W. Bowne Co., 116 N. E. 364) in which the
president and principal stockholder of the company lost a leg as the
result of an accident occurring while he was handling lumber. His
salary was not affected by the accident, nor were his dividends re
duced thereby. The industrial commission of the State, however,
granted his claim for compensation, awarding the maximum schedule
benefits. The company and the insurer carried the case to the court
of appeals, where it was held that the intention of the law was to
make a distinction between such an officer as the claimant in this
case and other employees of the corporation, and the order granting
the award was reversed.
This accords with a decision of the Supreme Court of California in
the case of a member of a mining partnership (Cooper v. Industrial
Commission,-171 Pac. 684). This man was a practical mining engi
neer, and was killed in a mine shaft while getting samples of ore for
assaying. It was said that the compensation act did not contem
plate such a mixed relation as would result if partners were to be
regarded at the same time principal and agent or employer and em
ployee. The industrial accident board of Massachusetts likewise
denied the benefits of the act of that State to a partner who received
$30 a week from the firm and claimed that it was wages. The public
service commission of West Virginia also disallowed the claim of an
employee who was bookkeeper and secretary of the company, on the
ground that he was an officer of the corporation and not an employee
within the meaning of the act of that State.
One of the compensation commissioners of Connecticut declared
that if it had been desired to exclude officers of corporations from
benefits as employees specific language would have been employed,
so that one who was engaged in the company’s service, although he
was stockholder, director, and treasurer, was held entitled to com
pensation. The compensation commissioner of New York likewise
allowed benefits to ttue president of an employing corporation who

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was injured while working in its shops as a mechanic; and the supreme
court of the State, appellate division, though denying a claim on the
ground that the employment was not covered by the act, held that a
shareholder and vice president of a corporation was an employee
within the meaning of the compensation act where he worked along
side the regular workmen, though he was general foreman (Beck
man v. J. W. Oelerich & Son, 160 N. Y. Supp. 791).
The law of Texas was construed by the industrial accident board
of that State to cover sons, wives, and daughters of merchants work
ing in the store and paid a salary or wages. On the contrary, the
Supreme Court of Massachusetts held that the wife of a merchant,
who acted as cashier and bookkeeper and drew regular wages, was
not an employee of her husband. Cases were cited to the effect that
a married woman can not make a contract either with her husband
or with a partnership of which he is a member (In re Humphrey,
116 N. E. 412).
The question of the status of employees engaged otherwise than on
a fixed salary was ruled upon by the compensation commission of
New York, the instant case being that of a traveling salesman em
ployed on a commission basis. It was held that such employees
should be included in the pay roll upon which premiums are based,
though it is permissible to exclude any salesmen who are continu
ously employed outside of the State. Similar were the rulings of the
industrial accident board of Texas as to salesmen taking orders on
commission and pieceworkers in factories; so also as to a porter
working in a hotel, dependent entirely upon tips for his income, the
same board ruling that he was rendering service for the company,
even though his payment came from such tips.
The matter of numerical exclusions would ordinarily seem to offer
no ground for dispute. However, the question was raised in a Con
necticut case, the State law not being applicable unless there are at
least five employees. The fact that a building contractor employed
a housekeeper in addition to four workmen about a building was held
by a commissioner to bring him within the law.
The New York law, applicable to designated hazardous groups of
employment, was amended by adding “ all other employments not
hereinbefore enumerated” in which “ four or more workmen or
operatives” are regularly employed. This was an attempt to
cover all occupations having the requisite number of employees;
but the question was immediately raised as to the meaning of the
terms used, and the attorney general of the State gave it as his
opinion that the phrase “ workmen or operatives” is less broad than
if the word “ employees” had been used, and applies only to persons
engaged in manual labor as mechanics, laborers, or artisans, and not
to clerks or those engaged in professional work. In this view the

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149

act would not apply to an establishment employing, say, two la
borers and two bookkeepers, but it is admitted that this construc
tion is not authoritative, and until the courts pass upon it the safest
course would be to elect to bring all employees under the act. As
emphasizing this, it may be noted that the industrial commission of
the State, charged with the administration of the law, is said to regard
the amendment as bringing all employees under the act, excluding
only farm laborers and domestic servants; while the counsel to the
commission regards the distinction made by the attorney general as
correct, except that if the law is applicable at all, as where there are
four or more mechanics, etc., the law would then apply to all em
ployees in the establishment, regardless of the nature of their em
ployment; but it would not apply where there is strictly a clerical
force and no manual labor is done.
Public employees.—The status of employees in public service was
passed upon in a number of cases coming under notice. The law of
New York as enacted defined employments as trades, etc., carried on
by the employer “ for pecuniary gain/’ and under this provision the
attorney general of the State in 1914 made a ruling, under which the
commission has since acted, by which the claims of a number of em
ployees of municipalities were rejected on the ground that no munici
pality could be engaged in business for pecuniary gain. The view of
nonliability was taken by the supreme court of the State, appellate
division, in the case of a worker on a State road (Allen v. State, 160
N. Y. Supp. 85), though it was said that the State has power to
engage in business for profit, of which this was not an instance.
Where there is profit, therefore, as may occur in municipal docks,
lighting and water plants, and the like, compensation would seem to
be payable. The Supreme Court of Kansas took a similar position
in the case of a teamster hauling sand for a county road, holding that
the county was not, in the work in hand, engaged in trade as business
within the meaning of the act (Gray v. Board of County Commis
sioners, 165 Pac. 867).
It is obvious that such interpretations largely minify the value of
the laws as regards public employees; and the New York law was
amended in 1916 so as to make it applicable to work carried on by
the State or a municipality, regardless of the question of profit.
The attorney general of the State has ruled that all such agencies
must insure their employees coming within the classes covered by the
act, though self-insurance is permitted.
The law of Illinois brings within its scope all employers engaged
in the enumerated hazardous occupations, including under the
term “ employer” the State and each county, city, town, township,
etc., election being presumed in the absence of active rejection of the
act. In McLaughlin v. Industrial Board of Illinois (117 N. E. 819) the

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contention was made that the act was invalid, since there was at
common law no liability of the township in cases such as that in hand,
in which a road workman was killed by an explosion of dynamite used
in removing stumps from a highway; and that the legislature could
not and did not intend to require a township to make an election
in order to escape the provisions of the act. As to this the court
held that the legislature had the right and power to make a township
liable in damages to its employees, and that it was not essential that
it should specify the means by which an election not to provide
and pay compensation under the act should be made. It was also
urged that it would be illegal to compel taxpayers to pay compensa
tion under an elective act when they had no choice in the matter
and no opportunity of making an election. To this the court replied
that the officials in interest had the power of making the election,
and that municipalities speak through their elected officials and not
through the taxpayers. The law was therefore held constitutional
and applicable to employment of the nature under consideration.
Compensation was denied, however, as already noted, on the ground
that the employment was casual (p. 142).
Somewhat resembling the contention raised in the McLaughlin
case was the objection made to the law of Nevada, that in making
it compulsorily applicable to counties there was a violation of the
due-process-of-law clauses of the Federal and State constitutions.
The supreme court of the State took the position, however, that in
requiring counties to pay premiums under the act it was directing
money to be spent for a public purpose, which was a legitimate charge
upon the people, the State, and its subdivisions, so that the law was
constitutional (Nevada Industrial Commission v. Washoe Co., 171
Pac. 511).
Another class of employment was under consideration by the
Supreme Court of Michigan (Wood v. City of Detroit, 155 N. W.
592), the injured person being an employee of the public lighting
commission of the city. The State accident board had made "an
award over the city’s contention that the act was void as applied
to municipalities, and this award was sustained by the court. The
method of disposing of the question of constitutionality has already
been noted (p. 93).
The constitutionality of the Montana law was challenged by a
county of that State, the claim being made that inasmuch as counties
were not originally subject to the operation of the liability statutes
they could not be brought under the compensation law. The supreme
court of the State dismissed this contention, stating that the present
law was not a substitute for the liability statutes, but rested on funda
mentally different grounds, and that counties were subject to its

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151

operations (Lewis and Clark County v. Industrial Accident Board,
155 Pac. 268).
The University of Illinois claimed that it was not covered by the
act of that State; that it had not elected to come under the act; and
that it was not engaged in a hazardous occupation. A claim was
allowed on account of the death by accident of an elevator operator
in the institution, the industrial board ruling that the institution was
within the act compulsorily, and that on account of the various en
terprises connected with it it was an employer at hazardous labor.
The Agricultural College of Michigan also contested the claim of a
carpenter who did repair work about the buildings of the institution,
in the course of which he fell, sustaining a fractured leg. The claim
was contested on the ground that the employee was a casual one, and
also that the college ^as not subject to legislative control, so that it
was not under the law. The industrial accident board of the State
held that the proviso excluding casual employees does not apply to
employees of the State or municipal corporations, and also that the
college is subject to general laws regarding liability, an award in
behalf of the claimant being affirmed.
A separate statute extends the benefits of the New Jersey com
pensation law to public employees, but provides that elective officers
and persons receiving salaries greater than $1,200 per year shall not
be entitled to compensation. This was held (Mayor etc. of Jersey
City v. Borst, 101 Atl. 1033) to debar disability benefits only, and
where the injury was fatal the claim of dependents was allowed
without regard to the excess of salary above $1,200.
In Connecticut a woman supervising pupils in a State school for
imbeciles was held to be an employee of the State within the act,
the law covering all employers who use “ the services of another for
p

”

The industrial commissioner of Iowa discriminates between school
teachers in cities and in the country on the ground that country teach
ers frequently have to do the work of a janitor, while teachers in the
city schools are not required to perform such duties. School janitors
and country school-teachers, as well as other employees who perform
manual labor for the school districts, were held to be included in the
act; but as the law contains no reference to either manual or hazard
ous employments as conditioning rights under it the grounds for the
distinction are not clear.
A Massachusetts statute (ch. 807, acts of 1913) authorizes cities
to vote on the question of accepting the provisions of the State com
pensation law for “ laborers, workmen, and mechanics” employed
by them. These words were held by the supreme court of the State
(Devney v. City of Boston, 111 N. E. 788) not to apply to a hoseman
in the city fire department, such .employees being classed as in “ the

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official service” of the city and not in “ the labor service,” as deter
mined by the civil service rules laid down by the State civil service
commission. It was also said that laborers were persons without par
ticular training, employed at manual labor, while workmen and
mechanics broadly embrace those who are skilled users of tools, hosemen coming in neither class.
The same court held, however, that a janitor of a school building,
though under the civil service act, was nevertheless a laborer or me
chanic, the nature of the service and not the mode of appointment
being the test (White v. City of Boston, 116 N. E. 481). But a
teacher in a vocational and industrial school, who taught and demon
strated repair work, was held not to be a laborer or mechanic, and
was outside the law (Lesuer v. City of Lowell, 116 N. E. 483).
The status of police officers, under a city charter where appoint
ment is made by a commission and the police are required to take an
oath of office, was passed upon by the supreme court of the State of
Michigan (Blynn v. City of Ponttac, 151 N. W. 681), the court hold
ing that the injured man was a public officer and not an employee of
the city, reversing an award by the State accident board. The Su
preme Court of Connecticut spoke similarly of a sheriff elected to
office, and not “ working under a contract of service,” and therefore
not an employee (Sibley v. State, 96 Atl. 161). The legal depart
ment of the city of Newark, N. J., held that the law of the State did
not apply to a patrolman of the city; while the Pennsylvania com
pensation board rules that policemen are protected by its statute,
though constables and elective officers generally are not. The indus
trial commission of Ohio also held that, a police lieutenant in a
city which does not maintain a policeman’s pension system is an em
ployee within the meaning of the act of that State, this decision being
based on the particular provision of the law on this point.
The law of Minnesota excludes city officials elected or appointed for
a regular term of office. This was held (State v. District Court of St.
Louis Co., 158 N. W. 790) not to debar policemen from a right to
recover under the act; nor firemen in the city fire department (State
v. District Court of St. Louis Co., 158 N. W. 791); and the fact
that the fireman was a member of a voluntary relief association sup
ported in part by the city and in part by the members, from which the
dependents of the decedent drew benefits, does not affect the right to
compensation nor the amount thereof. The compensation law was
also held not to repeal provisions of a city charter granting injured
firemen full wages for fixed periods; they may therefore receive both
benefits (Markley v. City of St. Paul, 172 N. W. 215).
The status of a city policeman was passed upon by the Supreme
Court of Kansas in Griswold v. City of Wichita (99 Kans. 502, 162 Pac.
276). In this case, as in the Grayjsase, it was said that the city in

PARTICULAR PROVISIONS OF THE LAWS.

15 3

employing the policeman was not engaged in trade or business, and
further that he was not in any case a workman within the meaning
of the law, so that no compensation would be allowed. A sheriff
elected to office was held by the California courts not to be an em
ployee under appointment, and an award in his favor made by the
compensation commission of the State was annulled; and this even
though words of specific exclusion in the act of 1911 were omitted
from the act of 1913 (Mono County v. Industrial Accident Commis
sion, 167 Pac. 377).
The industrial commission of Wisconsin ruled that a prisoner
placed at work during the term of his sentence was not an employee
of the State, so that no compensation could be allowed for the loss
of the right hand of an imprisoned sailor from an injury while
employed about a planing machine in a chair factory. A similar
ruling was made by the attorney general of Minnesota where a prisoner
lost an eye while working for the county.
Children unlawfully employed.—The status under the compensa* tion acts of children employed in contravention of other statutes is
not well defined. Some laws explicitly exclude them, leaving the
employer subject to a suit in damages, with the special liabilities
attaching to cases in which a statute has been violated (Waterman
Lumber Co. v. Beatty (Texas), 204 S. W. 448); also with those con
nected with the status of children against whom the common law
defenses can not be pleaded. But even where the laws are similarly
phrased, the courts of different States have ruled differently. Thus
in New York, where the law covers “ employees” generally in desig
nated classes of industries, the compensation law was held to be
available in the case of a minor employed at a prohibited dangerous
machine (Ide v. Faul & Timmins, 166 N. Y. Supp. 858); and this
over the objection that the insurance contract limited the company's
liability to cases of employees “ legally employed.” However any
person “ entitled to compensation” under the State law was to be
covered, and the court held that the fact of employment in violation
of the labor law furnished no defense to either the employer or the
insurance carrier. A suit for damages was held not to be available
in a similar case, on the ground that compensation is the exclusive
remedy; though in this the judge declared himself to be following
precedent, and not his own views as to the better policy (Robilotto
v. Bartholdi Realty Co., 172 N. Y. Supp. 328; see also Kenny v.
Union R. Co., 166 App. Div. 497, 152 N. Y. Supp. 117).
These opinions have been announced in the absence of any deci
sion by the State court of last resort, and a later opinion by another
court takes a different attitude (Wolff v. Fulton Bag & Cotton Mills,
173 N. Y. Supp. 75). The foregoing cases are cited, but the view
is taken that by “ employee” the legislature meant only a person

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legally employed, so that a suit for damages is the proper and only
remedy in the case of employment in violation of the labor law.
This accords with the view taken by the New Jersey Court of Errors
and Appeals, the provisions of the laws of the State being the same
as in New York (Hetzel v. Wasson Piston Ring Co., 89 N. J. Law
203, 98 Atl. 306), and of Washington (Hillestad v. Industrial Com
mission, 141 Pac. 913). However, a recent decision by the Supreme
Court of New York, Trial Term, regards the position taken in the
Wolff case as untenable, both on reason and on authority (Boyle v.
Piano Action Co., 181 N. Y. Supp. 668).
The Supreme Court of Wisconsin drew the line at a somewhat
different point, and held that a minor who was of legal age for em
ployment but was engaged at forbidden hazardous occupations was
under the compensation act, and could not sue for damages, since
the statute itself gives minors of employable age a right to contract
under it (Foth v. Macomber & Whyte Rope Co., 154 N. W. 369).
In a later case the same court held that a child of employable age
but working without a statutory certificate was not an employee
under the compensation act, even though his age had been misrepre
sented and the employment was found by the court to have been
in good faith. A compensation award had been paid and release
secured, but this was held void, and damages were allowed under
the liability act of the State (Stetz v. Boot & Shoe Co., 156 N. W.
971). This case is distinguished from the Foth case above on the
ground that in that case the minor was legally authorized to engage
in the business in which he contracted to work, even though at the
time of the injury he was employed at a machine forbidden by law;
while in the present case, in the absence of an employment certificate,
no employment was lawful. One judge dissented from this finding,
while two others took no part in the decision. The law of this State
was amended in 1917 so as to give treble damages in case of a child of
permit age working without a permit or at a forbidden employment,
and suffering injury. The amendment was declared constitutional,
and was applied in the case of a boy 16 years of age being employed
without a permit, the law requiring permits for children up to 17
years of age (Brenner v. Heruben, 176 N. W. 228).
The law of California includes minors as employees, and their
illegal employment is held by the accident commission of the State
not to bar recovery under the compensation act (Shanton case, 2
Com. Dec. 698); however, an insurance company limiting its policy
to persons legally employed is not liable under such policy. But if
the policy covers employees for whom compensation is provided by
law, the company must pay the award, even though the employment
was unlawful (Clark case, 5 Com. Dec. 219).

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155

The Illinois law covers “ minors who are legally permitted to work
under the laws of the State.” The industrial commission awarded
benefits where a minor was illegally employed, saying that, as he
could recover wages, so also he was entitled to compensation; but
the supreme court of the State denies such right (Boszek v. Bauerle
& Stark Co., 282 111. 557, 118 N. E. 991; Moll v. Industrial Com
mission, 123 N. E. 562). The Ohio law contains a similar limita
tion, and is similarly construed (Acklin Stamping Co. v. Kutz, 98
Ohio St. 61, 120 N. E. 229); and the supreme court of Indiana ruled
that employment means lawful employment, so that the compensa
tion law was no bar to a suit for damages when a boy unlawfully
employed suffered an injury (New Albany Box & Basket Co. v.
Davidson, 125 N. E. 904).
The accident board of Massachusetts, however, gave compensa
tion to a boy injured while employed without a permit, saying that
the penal liability of the employer did not affect the boy’s rights
under the compensation act (Kroeger case, 1920.)
Extraterritoriality.—The terms of the laws vary as to their ap
plicability to accidents occurring outside the State, being explicit in
some instances, while in other cases construction by the courts is
necessary. Thus the law of Indiana specifically states that ever}
employer and employee under the act shall be bound by its pro
visions regardless of the place of the occurrence of the injury; so
that a circus employee, himself a resident of Indiana, his employer
being a corporation organized under the laws of the State, was
entitled to the benefits of an award made by the State board for an
injury received in the State of Illinois (Hagenback v. Leppert, 117
N. E. 531). On the other hand, the Kentucky board ruled that the
law of the locality should decide, and dismissed the claim of a work
man usually employed in Kentucky, but receiving the injury com
plained of in the State of West Virginia.
Denying extraterritorial application of the laws of their respective
States are also to be found the opinions of the industrial accident
commission of Maryland and the industrial accident boards of
Michigan and Texas.
The industrial commission of California took the position that
though its law was in itself of no effect beyond the boundaries of the
State, a contract made in the State followed the employee even
though injured outside its limits; and as such contracts were made
with the statute in view, compensation under it was recoverable
regardless of the place of the injury. The supreme court adopted this
view on its first consideration (Anderson v. North Alaska Salmon Co.,
Mar. 31, 1916); but on rehearing in December it reversed its position
(North Alaska Salmon Co. v. Pillsbury, 174 Cal. 1, 162 Pac. 93).
A distinction was drawn at this time between elective laws, under

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which the obligation to pay compensation may be regarded as a
matter of agreement or contract, and compulsory laws, as that of
California, where the obligation is fixed by the statute and not by
the contract. The law was amended in 1915, subsequent to the
occurrence of this accident for the purpose of covering injuries to
employees, residents of the State at the time of the injury and con
tracting within the State, regardless of the place of the injury (sec.
75a. of the act of 1913; sec. 58 of the act of 1917).
The constitutionality of this amendment was challenged in an
action (Estabrook Co. v. Industrial Accident Commission, 177 Pac.
848) in which it was claimed that it discriminated against nonresi
dents. The plaintiff was an employer and a resident of the State,
and the court held that he was not affected by the discrimination
complained of, if any existed, and therefore had no right to raise
the question of constitutionality. The award against him made
under this section was therefore affirmed.
However, another employer petitioned about a year later, raising
the same question, and the court held there were exceptions to the
general rule laid down by the supreme court; so that if a member of
the class discriminated against was not in a position to contest the
validity of the act, any person affected by its application might take ac
tion (Quong Hstm Wah Co. v. Industrial Accident Commission, 59 Cal.
Dec. 18), citing Buchanan v. Warley (245 U. S. 60, 38 Sup. Ct. 16). and
Middletons. Texas Power and Light Co. (249 U.S. 152,39 Sup. Ct. 227).
In passing on the point raised it was held that the legislature had
the power to enact a law providing for compensation under California
contracts, whether the employee be a citizen of the State or not. It
was also recalled that the industrial accident commission was with
out power to act on any extraterritorial case unless such power was
given by the statute under consideration. But to limit the benefits
of the act to citizens or persons domiciled in the State, in so far as
extraterritorial effects are concerned, would effect an unlawful dis
crimination against citizens of other States of the Union who might
make contracts in the State, but would be debarred the benefits of
the act because not coming within its designated class of residents of
the State. The provision was therefore declared unconstitutional.
On rehearing, however, the court decided that the State had power
to regulate all contracts entered into within its borders, and might
make compensation benefits payable to the parties to such contracts
wherever injured. The grant of that right could not be confined to
residents of the State, under the Federal Constitution, but must be
available to all the citizens of all the States who are affected by like
conditions of contract and injury; so that instead of declaring the
section void, it was broadened to include nonresidents, citizens of other
States (Quong Ham Wah Co. v. Industrial Acc. Com., 59 Cal. Dec. 18).

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157

The industrial commission of Colorado decides that the contract
of employment follows the employee into other States wherever he
goes in its performance. This view was adopted by the supreme
court of the State, saying that otherwise an employer would be
burdened with the duty of insuring under the law of each separate
State into which his employee might go in the performance of his
contract (Industrial Commission v. Aetna Life Ins. Co., 174 Pac.
589). The Supreme Court of Connecticut similarly construed the
law of that State (Kennerson v. Thames Towboat Co., 94 Atl. 372).
This is the position also of the Supreme Court of Rhode Island
(Grinnell v. Wilkinson, 98 Atl. 103), the Supreme Court of Minnesota
(State ex rel. Chambers v. District Court, 166 N. W. 185), the Supreme
Court of West Virginia (Gooding .v. Ott, 87 S. E. 802), and the
Supreme Court of New Jersey, the latter saying that the compensation
act is contractual in its nature and the place of the perfortnance of
the contract thereunder is no more essential than in the case of life
insurance (Rounsaville v. Central R. Co., 94 Atl. 392).
The law in all of these States is elective. However, the New York
Court of Appeals, construing a compulsory law, takes the same view,
saying that the contract was entered into with the compensation law
in view, and that the premiums paid for i$surance were computed
on the pay roll and not on the time worked within or without the
State boundaries (Post v. Burger & Gohlke, 216 N. Y. 544, 111 N. E.
351). It was pointed out by this court that the liability was not
contractual, strictly speaking, since the law is a compulsory one;
but that it is quasi-contractual, and the provisions of the law would
affect the contract on that basis (Smith v. Heine Safety Boiler Co.,
224 N. Y. 9, 119 N. E. 878).
The Supreme Court of Iowa went so far as to say that, where the
statute was elective as to both parties, the payment of compensation
was not the performance of a statutory duty, but the fulfillment of
the conditions of a contract, and the place of injury was not of the
essence of the case (Pierce v. Bekins Van & Storage Co., 172 N. W.
191.)
Where an accident occurred in the State of New Jersey, the con
tract of employment having been made beyond its borders, recovery
under the New Jersey law was allowed on the ground that it covers
all accidents occurring within the State unless rejected (American
Radiator Co. v. Rogge, 92 Atl. 85). However, where an employer
hires an employee outside the State to do work outside its borders,
the New York Supreme Court holds that the law does not apply
(Gardner v. Horseheads Construction Co., 156 N. Y. Supp. 899).
The original law of New Jersey provided that disputes under the
act are to be settled by a judge of the court of common pleas, and
this provision was held by the Supreme Court of New York, special

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

term, to prevent it from taking cognizance of a claim under the New
Jersey law, or giving judgment on an amount alleged to be due under
the provisions of that law, the court saying that a forum had been
fixed by the act itself, and the right being statutory, all its conditions
should be complied with (Lehmann v. Eamo Films, Inc., 155 N. Y.
Supp. 1032); and this was said to be true even though both parties
are citizens of New York, where the claim is under the law of New
Jersey (McCarthy v. McAllister Steamboat Co., 158 N. Y. Supp. 563).
When this question came to the court of appeals, however, it was
said that there was no public policy of the State that would prevent
recognition and enforcement of the law of New Jersey in the courts
of New York (Barnhart v. Am. Concrete Steel Co., 125 N. E. 675).
The industrial commission of New York made a distinction in
the case of an employee of a corporation doing business in New
York, th6 employee himself being a resident of Rhode Island, but
at the time of his injury working in the State of Texas. The case
of Post v. Burger was distinguished, Post being said to be a resident
of New York and potentially a public charge on the State if injured,
while in this case the injured man would in no event assume such a
status. It was said that he might recover under the laws of Texas,
since in actions of tort the law of place must govern, so that com
pensation was denied (Carlson case, 1917). It is not clear, however,
how this distinction could be made to nullify the argument of the
court of appeals to the effect that the premiums paid for insurance
under the act are computed on the pay roll, and not on the time worked
within or without the State boundaries. The State fund was the
insurer, and the workman had been directed by his employer in New
York to go to Texas, where the injury occurred. In passing upon
the case, the commission stated that the New York statute could not
compel employers either in New York, in Rhode Island, or in Texas
to cover their employees everywhere with compensation insurance.
A New York workman injured in Pennsylvania claimed and was
awarded compensation under the law of Pennsylvania, and afterwards
sought the larger benefits provided by the New York statute. The
insurer claimed that by accepting benefits under the Pennsylvania law
the workman was estopped from further proceedings. However, the
New York commission allowed the claim, but with deduction of the
amount received under the Pennsylvania law (Dumberger case,
1919.)
Other variations were passed upon by the industrial commission of
the State of New York, pne case being that of a resident of New Jersey,
who had been hired by a Philadelphia corporation to do work in the
State of New York. The employee was injured and applied for com
pensation under the New York law. It was held that jurisdiction
existed in the State of New York and that difficulty might arise in

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159

establishing it in the other States named, while if the claim is made
in New York the claimant would be estopped to deny recovery had,
so that no double recovery could be secured. The claim was there
fore allowed. In another instance a marine engineer living in New
Jersey, but employed by a New York corporation in waters in and
about New York Harbor, was killed in Newark, N. J. A claim in
his behalf was allowed. The Ohio law is given the same application
by the industrial commission of that State where a citizen of the
State was sent outside its boundaries in the employer’s service.
The question of extraterritorial jurisdiction was before the Supreme
Judicial Court of Massachusetts in the case of In re American Mutual
Liability Insurance Co. (Gould’s case, 215 Mass. 480,102 N. E. 693).
In this case the parties in interest were residents of the State of Mas
sachusetts and had accepted the provisions of the compensation law
of the State. The death, however, occurred while the workman was
rendering service to his employer in the State of New York, his em
ployment occasionally leading him to service in that State and in
other States. The industrial accident board of the State found that
the insurance company had been paid by the employer for insuring all
injuries received by its employees in the course of their employment,
whether within or without the Commonwealth. The supreme court,
however, declined to accept this fact as binding, and held that the
scope of the law itself must determine; and from a consideration of all
its terms it was decided that the law had no effect as to injuries re
ceived outside the State and that the company was not liable in
the case in hand.
The ruling in this case as to the nonextra£erritorial effect of the
Massachusetts law is cited by the Supreme Court of Connecticut in a
case in which a Massachusetts employee of a Massachusetts employer
was injured while performing a piece of work in the State of Connecti
cut (Douthwright v. Champlin, 100 Atl. 97). Its own decision favor
ing the extraterritorial operation of the Connecticut law (Kennerson
case, supra) was mentioned, and a statement was quoted therefrom
that the Connecticut courts would enforce such laws of other jurisdic
tions, “ provided they did not conflict with our laws or public policy,”
and the processes prescribed “ could be used in our jurisdiction.”
However, as the Massachusetts law is restricted by State boundaries,
according to the construction put upon it by its own courts, the parties
come into Connecticut in the same status as “ if the contract had been
made in South Carolina, where there is no compensation act.” In
either case a contract performed in Connecticut will have read into it
the conditions of the law of Connecticut, in the absence of a positive
rejection of the act.
The Supreme Court of Wisconsin considered the nature of com
pensation legislation as bearing on the question: “ We do not regard

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the liability of the employer under the workmen’s compensation act
merely as a substitute for the common-law liability of the employer.”
The question is not of the result of a wrong committed by the employer
but of an incident of industry conducted under modern conditions.
“ Therefore the damages arising therefrom should be borne by the
whole industry rather than by the employer or employee.” To put
injuries occurring within the State boundaries in one class and those
occurring without in another would open the way to a continuation of
both the old and the new system, ‘ ‘ and the legislative purpose would
not be accomplished” (Anderson v. Miller Scrap Iron Co., 170 N. W.
275). A judgment for damages under the Michigan liability statute
was therefore reversed and the cause remanded for proceedings under
the compensation Jaw of Wisconsin, the place of residence, contract,
and principal employment of the deceased workman, this law being
declared a part of every contract, and exclusive in its effects, where
both parties are under the act.
Admiralty.—What might be considered as a part of the foregoing
subject is the question of persons employed at occupations giving
them a right of action under the admiralty law. The Supreme Court
of Connecticut held that the State has concurrent jurisdiction in such
cases, and the compensation law is available (Kennerson v. Thames
Towboat Co., supra).
The compensation commission of New York held that the law
administered by it was exclusive in its application to longshoremen,
whether at work on docks or on vessels in the harbors of the State,
and the court of appeals (In re Walker, 109 N. E. 604) ruled that as
the employee formerly had the option of proceeding at common law
or in admiralty to recover for injuries, so now he has the option of
choosing the compensation law, which has superseded the common
law. As to the contention that shipowners are not equally exempted
from possible suits with other employees, the court held that this
lies in the nature of the case and is not a result of the action of the
legislature, so that no question of the constitutionality of the act
was raised thereby.
The California commission held that a man injured on the high
seas was covered by the law of that State on the ground of the
residence of himself and of the employing corporation and of the
location of the port of registry of the vessel and the place of contract.
When the supreme court of the State came to consider the subject
it held that the provision of the judiciary act of 1789 that saved to
suitors in admiralty their common-law remedies, where the common
law was competent to give a remedy, was broad enough to let in
statutory remedies of subsequent enactment, even though a new
right was thereby created (Northern Pac. S. S. Co. v. Industrial Acc
Comm., 163 Pac. 199). The new remedies were said to be personal

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and not in rem, and therefore could exist alongside of the admiralty
rights.
The Supreme Court of Washington took the opposite view, holding
that since the State had no power to modify the shipowner’s liability
under admiralty, it could not be presumed to make the compensation
act effective where admiralty might apply; it was further held that
to do so would require shipowners to contribute to the State insur
ance fund and still be liable to suits in admiralty (State v. Daggett,
151 Pac. 648). The same view was taken by the District Court of
the United States for the Western District of Washington (The
Fred E. Sander, 208 Fed. 724).
In thus construing and applying their law the New York authorities
had in mind provisions of the act specifically covering longshore work
and the operation and repair of vessels used in interstate or foreign
commerce; also those covering employees in interstate and foreign
commerce working within the State, in so far as not forbidden by
act of Congress (Jensen v. Southern Pacific Co., 215 N. Y. 514, 109
N. E. 608). However, when these cases (Walker and Jensen cases)
came to the Supreme Court of the United States for consideration
the statute was declared to go beyond the power of the State legis
lature to enact, and these particular provisions were held uncon
stitutional. It was said, four judges dissenting, that a State can not
impose obligations such as are contained in the New York law upon
maritime commerce, since to do so would be to destroy the uni
formity in maritime matters that the Constitution intended to es
tablish in its provisions as to admiralty jurisdiction (Southern Pacific
Co. v. Jensen, 244 U. S. 205, 37 Sup. Ct. 524; Clyde Steamship Co. v.
Walker, 244 U. S. 255, 37 Sup. Ct. 545).
An interesting sequel to this decision was an amendment to the
Federal Judicial Code (Oct. 6, 1917), saving to claimants of the class
affected the right to proceed under any compensation law applicable
to the locality in which the injury w^as received, similar to the sav
ing of the common-law remedies. Following this amendment also
w^as the act of the New York Legislature restoring the provisions of
its law which had been declared unconstitutional by the Supreme
Court.
Questions of construction and application of the amended code and
of the State law immediately arose, leading to widely differing ad
judications. Thus it has been held that the amendment of the
Judicial Code had the effect of so far validating the compensation
law of New York in its application to maritime workers that no other
remedy remains. The act purports to provide an exclusive remedy
where it applies, and this provision was held to be incorporated into
the Judicial Code by its amendment of 1917, the limitation declared
by the decision of the Supreme Court in the Jensen case having been
177982°—21— Bull. 212---- CL1

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set aside by the action of Congress (The Howell, 257 Fed. 578). The
United States District Court for the Eastern District of Louisiana,
on the other hand, rejected the contention that where there was a
compensation law the admiralty courts were deprived of jurisdiction
(Hogan
Bula, 262 Fed. 225). The United States District Court
for the District of Oregon holds that the amendment does not inter
fere with the power of Federal courts to administer the maritime
law, where a remedy in admiralty is chosen, and that they must
administer maritime law only, unaffected by State statutes. An
action in admiralty was therefore held to be a proper means of secur
ing redress for injuries to a maritime worker, where he chose that form
of relief (Rohde v. Grant Smith Porter Co., 259 Fed. 304). To the
same effect is a decision of the Supreme Court of Washington, uphold
ing the right of the injured man to exercise a choice of remedies
(Lund v. Griffiths & Sprague Stevedoring Co., 183 Pac. 123). Here
the option was to proceed at common law, and it was contended that
the State compensation act barred suits for damages in case of
injuries to employees; but the court held that the Federal act con
trols, and that the amendment of 1917 did not abolish either ad
miralty or common-law remedies, but merely added compensation to
the list of remedies available. The same view was adopted by the
Supreme Court of New York in cases where ^he common-law remedies
were pursued (Dziengelewsky v. Turner & Blanchard, 176 N. Y.
Supp. 729; Simpson v. Atlantic Coast Shipping Co., 176 N. Y. Supp.
731).
In the case of a dredge hand who fell overboard and was drowned,
the Massachusetts accident board rejected the contention that the
amendment to the Judicial Code did not bring under the State com
pensation law any injury not theretofore included, and awarded
compensation, though there could be no recovery for the death of a
seaman either under the common law or the general" maritime law
(Dorman case, 1920).
The California commission went so far as to award compensation
to an injured seaman who had received benefits from his employer
on account of an injury during the voyage, and subsequently made a
claim under the act. It was said that the mere receipt of benefits
from the employer did not constitute an election under the admiralty
law, so that his claim was not barred (Mestrand case, 1919).
Somewhat earlier than the foregoing was the decision by the
commission in the Soarez case (July 31, 1918), in which an award
was made for the death of a stevedore injured while unloading lumber
at a dock. The contention was made that no compensation legisla
tion would be valid unless enacted subsequent to the amendment of
the Judicial Code. This the commission rejected, ruling that the
amendment granted rights under existing laws, and awarded com

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1S3

pensation for the death of Soarez. This case was taken on appeal
to the supreme court of the State, where it was decided on March
30, 1920, the award being annulled (Sudden and Christenson v. In
dustrial Accident Commission, 188 Pac. 803).
The court took the view that Congress had exceeded its powers
under the Constitution in attempting to confer upon the States
authority given to Congress alone under Article III, section 2, of the
Constitution of the United States. The decision of the Supreme
Court in the Jensen case was cited as sustaining the view that “ Con
gress has paramount power to fix and determine the maritime law
which shall prevail throughout the country.” It was held that this
must be done by Congress acting directly and not by giving the
State legislatures authority to act in such a manner as would “ de
stroy the uniformity of the maritime law which it was the aim of
the Constitution to secure.’’
The Court of Appeals of New York had earlier sustained the con
stitutionality of this amendment (Stewart v. Knickerbocker Ice Co.,
226 N. Y. 302, 123 N. E. 383), but the argument in this case did not
appeal to the California court. Subsequently the New York case
was reversed by the Supreme Court of the United States (Knicker
bocker Ice Co. v. Stewart 40 Sup. Ct. 438). This opinion was ren
dered May 17, 1920, and authoritatively annuls the amendment of
1917 to the Judicial Code, Congress having no power to so act in
view of the limitations fixed by the Constitution. “ To say that be
cause Congress could have enacted a compensation act applicable to
maritime injuries, it could authorize the States to do so as they
might desire, is false reasoning.” As the California court pointed
out, so also here it was said that to do so “ would inevitably destroy
the harmony and uniformity which the Constitution not only con
templated but actually established.”
The industrial accident board of Texas had before it the case of
a claim for injuries received by the employee of a company engaged
in business described as “ general towing,” the employer being in
sured in a stock company in conformity with the provisions of the
State compensation law. An award was made under a construction
of the law that held that such operations as the towing of vessels
entering and leaving the harbor of Port Arthur were within the
provisions of the State law. On the rendition of the opinions in the
Winfield cases and the Jensen case the insurer declined to make
further payments on the ground that the decisions of the Supreme
Court showed the case to be one for Federal jurisdiction and not
under State law.
Assuming that as between the towboat company and its employees
there was a question of admiralty rights and jurisdiction, the board
took the position that nevertheless the insurance company could not

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plead any defenses under the maritime law, since it had come into
the case voluntarily, assuming certain contingent liabilities for a
valuable consideration. “ It has no admiralty rights whatever; it
neither owns nor operates a boat; could not do so under its charter
powers.” It was held also that when the towboat company volun
tarily became a subscriber to the act it waived its admiralty rights,
and that the employee working for the company with a knowledge
of the facts likewise waived his admiralty rights. Under the law the
case in question was one between the insurance company and the
employee or his beneficiaries, and as the company was without ad
miralty rights, and the employee had waived such rights, the doc
trines enounced in the decision by the Supreme Court had no appli
cation. In so far as the question of interstate commerce was con
cerned, the purely optional nature of the Texas statute was said to
distinguish it from the laws of New Jersey and New York; and since
the employee had by voluntary agreement accepted provisions of law
by which he did not look to the employer, either directly or indi
rectly, for damages or compensation in case of injury, but to a third
contracting party, the Federal statute was not operative. In view of
this position, compensation payments by the insurer were directed
to be continued.
Interstate commerce.—The initial difficulty confronting both legis
latures and courts in determining the application of State com
pensation laws to railroad emploj^ees lies in the fact that the con
trol of interstate carriers is vested by the Constitution of the United
States in the Federal Congress. Various regulative measures have
been enacted by this body affecting employees of such carriers, but
the only statute which demands consideration in this particular
field is the act of 1908, amended 1910, determining the liability of
railroad companies for injuries to their employees while engaged
in interstate commerce. As the authority of Congress is necessarily
paramount (Michigan Central Railroad Co. v. Vreeland, 227 U. S.
59, 33 Sup. Ct. 192; Grand Trunk Railway v. Knapp (C. C. A.),
233 Fed. 950), the States are compelled to legislate with this statute
in mind. Phraseology is frequently used to indicate the purpose
of the legislature to enact laws applicable to railroad employments
only in so far as such employments are not covered by the Federal
law. The laws of other States exclude railroad emplo}anents,
or at least train operation, from their purview, leaving persons in such
employments in recovering for injuries therein to the rights established
by statutes declaring the liability of employers. Actions for damages
are therefore necessary in these jurisdictions in all cases of injury to
railroad employees, whether engaged in interstate or intrastate
commerce; and this principle controls even to the extent of making it
impossible for an injured workman and his employer to make an

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165

agreement of settlement under the terms of a State compensation
law (that of Michigan in the instant case), where the case is clearly
one of interstate commerce, according to a decision of a United
States circuit court of appeals (Waters v. Guile, 234 Fed. 532)26.
In States having compensation laws opposite conclusions have
been reached as to the boundaries of the field within which they
may act, one view being that since the Federal law applies only
where there is negligence on the part of the employer, other cases
may be cared for by a supplemental act, the contrary opinion being
that the Federal statute is exclusive and comprehends the entire
liability of employers in interstate commerce by railroad. Thus,
in harmony with the latter view, the Illinois Supreme Court re
versed the lower courts which awarded judgment in favor of an
employee injured in interstate commerce without negligence of the
employer, holding that the State had no authority to supplement the
Federal statute in this manner (Staley v. I. C. R. Co., 268 111. 356, 109
N. E. 342). The industrial commission of Ohio took practically
the same view, setting forth that under the State law railroads
and their employees engaged in intrastate and also in interstate
commerce are subject to the provisions of the State compensation
act only to the extent that the two kinds of work are clearly sepa
rable and distinguishable; also that under the act the application
as to intrastate employees is effective only after the voluntary accept
ance of the act by both parties in writing. Since such acceptance
is voluntary, a nonaccepting employer loses no defenses by a failure
to accept (Connole v. Norfolk & Western Railway Co., 216 Fed.
823).
In contrast with the Illinois opinion, the Court of Errors and Ap
peals of New Jersey held that the Federal act is exclusive only where
there is negligence on the part of the employer. In proceedings for
compensation the plaintiff does not charge negligence, and if the
plaintiff does not admit or plead negligence none appears, so that
there is no applicability of the Federal law, and compensation may be
awarded on the contractual obligation imposed by the compensation
statute (Winfield v. Erie R. Co., 88 N. J. L. 619, 96 Atl. 394). The
supreme court of the State in an earlier case (Rounsaville v. Central
R. Co., 87 N. J. L. 371, 94 Atl. 392) remarked that the Federal law
2« It is of interest to note in this connection the procedure agreed upon by the Pennsylvania Railroad
Co. in regard to injuries due to accidents occurring in the State of Pennsylvania. In cases elearly intra
state the compensation law of the State is followed by the making of agreements for periodical payments
as contemplated by the act. Where there is doubt and where the commerce was clearly interstate, if a
claim petition is filed in accordance with the act, an agreement for a lump-sum payment is made, based
on the schedule of the act, and on payment of this to the proper party a general release is obtained, thus
securing protection for the company under both Federal and State laws. Where no claim is filed the com
pany seeks an adjustment on the basis of the schedule provided in the act, commuted to a lump-sum pay
ment, taking the release as above. In both these cases commutations are either made by, or notified to,
the compensation authorities, so that a proper record can be kept

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WORKMEN ?S COMPENSATION LAWS 03f THE UNITED STATES.

established no new right of action, merely taking away defenses, and
that liability under it is not affected by the terms of contract, while
the compensation act is a new remedy, contractual in nature, the two
not overlapping, but each valid where applicable; but a referee
under the Pennsylvania law refused to admit the defense of inter
state commerce in the case of a brakeman killed in railroad yards,
and awarded compensation under the State law. The State board
confirmed such an award, saying that where the company offers the
objection that the Federal law controls, its contention is matter of
defense and must be supported by positive testimony, the full
burden of proof resting on the company to take the case out from
under the State law.
The New York Court of Appeals took the same view as the New
Jersey courts, saying that the acts are so different as to leave room
for both. Employees in the State are protected by the regular in
surance covering all accidents regardless of negligence. The Federal
law covers cases of negligence by its exclusive right, but goes no fur
ther, so that there is no risk of double liability (Winfield v. N. Y. C. &
H. R. R. Co., 216 N. Y. 284, 110 N. E. 614). The industrial com
missioner of Iowa similarly construed the law of that State, though
the point seems not to have been passed upon by its courts.
The New York Court of Appeals also held that longshoremen load
ing interstate vessels are not operating the vessels within the meaning
of the State law. It was added that regulating the relations between
employers and employees was not a regulation of commerce, and
was within the jurisdiction of the State until Congress acts, which
it has not done as to vessels, so that an award might be made in
the case in hand (Jensen v. S. P. R. Co., 215 N. Y. 514, 109 N. E. 600);
and generally where the interstate commerce is by water, the author
ities available agree that, since Congress has not legislated at all on
the subject, the State laws control. The law of Washington declares
on this point that its provisions “ shall apply to employers and work
men engaged in intrastate and also interstate or foreign commerce,
for whom a rule of liability or method of compensation has been or
may be established by the Congress of the United States, only to the
extent that their mutual connection with intrastate work may and
shall be clearly separable and distinguishable from interstate or
foreign commerce.” The court held that taking the law as it stood
in all its points it was intended to legislate for all persons engaged in
the extrahazardous employments enumerated in the act, and that
Congress having in no way legislated in the particular premises, the
State had the right to enact laws incidentally affecting sueh com
merce. It was held, therefore, that any right of recovery which the
plaintiff might have would be by way of a claim under the com
pensation law of the State (Stoll v. Pacific Coast S. S. Co., 205 Fed.
169).

PARTICULAR PROVISIONS OF THE LAWS.

167

Not using the same language as to strict exclusiveness, but main
taining the applicability of the laws, are to be found the supreme
courts of Connecticut (Kennerson v. Thames Towboat Co., 89 Conn.
367, 94 Atl. 372) and of Minnesota (Lindstrom v. Mutual S. S. Co.,
132 Minn. 328, 156 N. W. 669); while the industrial commission of
Ohio, though refusing to consider cases of interstate commerce by
railroad, as already noted, applied the compensation law to the case
of an employee swept overboard from a tug in Lake Erie and drowned.
In spite of the weight of authority usually accorded to the courts
holding the views set forth above, the persuasive reasoning by which
their positions were supported, and the obvious need for relief not
afforded by the Federal liability law, the Supreme Court of the United
States declared against the supplemental or piecing-out theory of
these courts. In taking their stand, the State courts had recognized
the exclusive force of the Federal act where it was applicable, but
where no negligence was charged it was assumed that there was no
applicability of the Federal law, and that compensation might be
awarded on the contractual obligation imposed by the compensation
statute. This the Supreme Court denied, holding that interstate
commerce is not in any way subject to State compensation laws,
and saying that the Federal statute is “ comprehensive and also
exclusive, fixing the entire responsibility of interstate carriers to
their employees, so that no power to supplement the laws lies within
the purview of State legislatures” (New York Central R. Co. v.
Winfield, 244 U. S. 147, 37 Sup. Ct. 546; Erie R. Co. v. Winfield,
244 U. S. 170, 37 Sup. Ct. 556).
Thus both the New York and New Jersey courts of last resort
were reversed. It may be noted that two justices dissented in these
cases, on the ground that the Federal law was intended to cover
only the limited field of the carrier’s liability for negligence, and not
the whole field of obligation that might exist by reason of the occur
rence of accidents.
Assuming the exclusive authority of the Federal act in its terri
tory, the question of which law to seek relief under, whether State or
Federal, remains obscure in many cases. The rights of recovery
are widely different, dependent upon whether the employee is en
gaged in interstate or intrastate commerce, and the boundaries be
tween these two classes of employment are not only obscure in them
selves, but the efforts of the courts in attempting to determine them
have been hardly less confusing than clarifying. Thus a prelim
inary question to be disposed of in the case of New York Central R.
Co. v. White, noted under the discussion of constitutionality of the
laws, was as to the status of the employee suffering the injury. It
appeared from the facts that he was a night watchman guarding
tools and materials intended to be used in the construction of a new
railway station and new tracks not yet brought into use. The com

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

pany made the contention that, on account of the interstate nature
of the business, the rights of recovery against it were defined and
limited exclusively by the provisions of the Federal employers’ lia
bility act of 1908. The Supreme Court held, however, that since the
employee was not at the time of the injury engaged in interstate
transportation, nor in work so closely related to it as to be practically
a part of it, but had to do solely with construction work, he was
within the jurisdiction of the State law. On the other hand, where
a workman employed in cutting weeds, etc., along the right of way
of a railroad died from congestion of the lungs following poisoning
from ivy vine, an awrard and decision in his favor were reversed by
the Court of Appeals of New York because consideration had not been
given to the contention that the work of removing the wreeds, grass,
ete., was interstate commerce. The court held that if the work
contributed to the safety and integrity of the railroad, which was an
interstate carrier, it was a part of interstate commerce, and the in
dustrial commission must pass upon the nature of the employment
before making its awrard (Plass v. Central New England Ry. Co.,
117 N. E. 952).
A serious result of error in choosing the remedy appeared in a
Michigan case, where an employee was adjudged to be in intrastate
employment after having sued under the Federal law. Since the
compensation law required claims to be filed within six months after
the injury, and a greater time had been consumed in the court pro
ceedings, no right of recovery remained (Schild v. R. Co., 166
N. W. 1018).
The converse of this situation arose in a case in which the widow
of a deceased electric lineman presented a claim to the industrial
commission of California. An award wras made as for intrastate
employment, and wras affirmed by the supreme court of the State
(Southern Pacific Co. v. Ind. Acc. Com., 171 Pac. 1071). The de
ceased received an electric sheck while wiping insulators on a main
line by which current wras transmitted to a transformer station, from
which it passed to lines by which both interstate and intrastate
traffic was moved. The court regarded this service too remote to
be classed as interstate^, comparing it to switching coal cars to a chute
from w7hich both kinds of traffic would be supplied with fuel. The
Supreme Court of the United States reversed this decision (same
case, 40 Sup. Ct. 130), saying that if the current had been short
circuited through the decedent’s body, interstate commerce would
have been immediately interfered with; hence the employment must
be classed as interstate, and subject only to the Federal law. As
this law contains a twro-year limitation, and as a longer time than
twro years had elapsed when the final decision wras reached, the widow
wras without redress.

PARTICULAR PROVISIONS OF THE LAWS.

169

An interesting point in connection with this case is that the Supreme
Court of California in declaring the injury intrastate relied principally
upon the analogy of the present case to one decided by the Supreme
Court, holding a member of a switching crew to be in intrastate serv
ice (Chicago B. & Q. R. R. Co. v. Harrington, 241 U. S. 177, 36 Sup.
Ct. 517). The crew was engaged in switching cars of coal to supply
bins from which locomotives would be supplied, for both interstate
and intrastate operations. The argument in the Harrington case
was cited and said to be apt, the decision resting squarely on the
court’s understanding of the Supreme Court’s views. A subsequent
reversal by the very court which was sought to be followed illustrates
the complexity of the situation.
A very recent decision involves the claim of a trainman moving
coal from the mine to a railroad yard, 2 miles distant. A fatal
injury was the basis of an award to the widow, affirmed by the
Supreme Court of Pennsylvania (264 Pa. 220, 107 Atl. 735). The
case was then taken to the Supreme.Court of the United States and
there reversed (Philadelphia & R. Ry. Co. v. Hancock, 40 Sup. Ct.
512), on the ground that as some of the cars had been designated by
instruction cards to the conductor as intended for shipment outside
the State, they were in interstate commerce from the time of leaving
the mine, though not yet weighed and billed. “ The determining cir
cumstance is that the shipment was but a step in the transportation
of the coal to real and ultimate destinations in another State.”
The question is almost insoluble under existing conditions, and the
variety of conditions seems far from being exhausted. A recent case
before the Supreme Court of Washington involved the status of a
telegraph company (State v. Postal Telegraph-Cable Co., 172 Pac.
902). It was held that as to employees engaged in construction the
employment was intrastate and within the State law. Employees
sending messages were engaged in both interstate and intrastate
service, and inasmuch as the two forms of work could not be segre
gated, the State law had no application thereto. The problem is in
no wise different in principle from the earlier one of under v.h'ch law
to sue, before the enactment of compensation laws; and as to this it
was said by the Supreme Court that “ each case must be decided in
the light of the particular facts, with a view to determining whether,
at the time of the injury, the employee is engaged in interstate busi
ness.”
Alien beneficiaries.—The laws are in most instances specific enough
on the point of the inclusion or exclusion of nonresident alien bene
ficiaries to make construction unnecessary. The Illinois statute is not
thus specific, however, but the industrial board of the State ruled that
the wording of the law, “ the people of the State,” includes aliens as
among those workmen covered by the act, so that their nonresident

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OS. THE

UNITED STATES,

dependents are entitled to benefits; this view was confirmed when a
case involving the point came before the supreme court of the State
(Victor Chemical Works v. Industrial Board, 113 N. E. 173). The
New Jersey statute excludes nonresident beneficiaries, and inasmuch
as employees within the State have no other remedy than that pro
vided by the act, it was held that no right survives, so that Lord
Campbell’s act giving the right of recovery for fatal injuries no
longer avails for nonresident aliens, the only right that the injured
man had having died with him (Gregutis v. Waclark Wire Work,
91 Atl. 98, 92 Atl. 354).
The law of California makes no reference to alien beneficiaries, but
does include alien employees, and the contention was made (Western
Metal Supply Co. v. Pillsbury, 156 Pac. 491) that this made possible
payments to alien and nonresident dependents; that no public pur
pose cognizable by the legislature was to be served thereby, and that
therefore the law was unconstitutional. The supreme court of the
State rejected this view, saying that i( there is no constitutional or
rational ground for limiting the benefits of this legislative scheme to
citizens or residents of this State. If the employment was such as
to fall within the State’s lawmaking jurisdiction, the legislature cer
tainly had the power to pass law^s operating uniformly upon all per
sons affected by such employment.”
Under like conditions as to legislation, the Court of Civil Appeals
of Texas held that dependents of a workman to whom benefits had
been paid up to the time of his death were entitled to compensation,
even though nonresident aliens, usince neither under the workmen’s
compensation act nor under the general law of this State are they
denied right to inherit” (Surety Ins. Co. v. Vickstrom, 203 S. W.
3*89).
The Pennsylvania law allows nonresident aliens two-thirds bene
fits. This was held by the State board to be an attempt to equalize
money values, and if resident beneficiaries leave the State and go back
to their native country, the award should be reopened and revised
accordingly (Ciambella case, 1918).
ARISING OUT OF AND IN COURSE OF EMPLOYMENT.

The majority of the laws of the States contain as a limitation on
the injuries to be compensated the statement that they must arise out
of and in the course of employment, and the rulings on this point are
necessarily numerous. The phrase is copied from the British work
men’s compensation law, and in considering it frequent use has been
made of English decisions. The Supreme Court of New Jersey dis
cussed its effect in an early case (Bryant v. Fissell, 86 Atl. 458),
reaching the conclusion that “ an accident arises in the course of
the employment ’ if it occurs while the employee is doing what a man

p a r t ic u l a r

p r o v is io n s

th e

law s.

171

so employed might reasonably do within the time during which he
is employed, and at a place where he may reasonably be during that
time.” Since, however, the law of New Jersey contains also the
words “ out o f ” and requires that both conditions be met, further
consideration was had, concluding “ that an accident arises out o f’
the employment when it is something the risk of which might have
been contemplated by a reasonable person when entering the employ
ment as incident to it. * * * A risk is incidental to the employ
ment when it belongs to or is connected with what a workman has to
do in fulfilling his contract of service.” In this case a carpenter
engaged in the erection of a building was injured by the falling of
material in charge of the ironwork contractor, who was a separate
employer of labor. It was held that the injury was received in the
course of and arising out of the employment. The same court
applied this doctrine to include the case of a workman killed while
crossing railroad tracks on the way from the place of his employ
ment to the toilet customarily used by persons in the employer’s
service (Zabriskie v. Erie R. Co., 88 Atl. 824). In discussing the
same phraseology the Supreme Judicial Court of Massachusetts (In re
Employers’ Liability Assurance Corporation, 102 N. E. 697, fre
quently cited as “ McNicol’s case” ) first laid down the rule that both
conditions of the phrase must be complied with, and in discussing
the effect of these words said:
It is not easy nor necessary to the determination of the case at
bar to give a comprehensive definition of these words which shall
accurately include all cases embraced within the act and with pre
cision exclude those outside its terms. It is sufficient to say that an
injury is received “ in the course o f” the employment when it comes
while the workman is doing the duty which he is employed to per
form. It arises “ out o f” the employment, when there is apparent
to the rational mind, upon consideration of all the circumstances, a
causal connection between the conditions under which the work is
required to be performed and the resulting injury. Under this test,
if the injury can be seen to have followed as a natural incident of the
work and to have been contemplated by a reasonable person familiar
with the whole situation as a result of the exposure occasioned by
the nature of the employment, then it arises “ out o f” the employ
ment. But it excludes an injury which can not fairly be traced to
the employment as a contributing proximate cause and which comes
from a hazard to which the workmen would have been equally
exposed apart from the employment. The causative danger must be
peculiar to the work and not common to the neighborhood. It must
be incidental to the character of the business and not independent
of the relation of master and servant. It need not have been fore
seen or expected, but after the event it must appear to have had its
origin in a risk connected with the employment and to have flowed
from that source as a rational consequence.
On these grounds the court allowed benefits for the death of a
man killed by blows and kicks of a fellow workman who was “ in

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an intoxicated frenzy of passion/’ his habits and disposition having
been known to his employer, the award being based “ upon the
causal connection between the injury of the deceased and the con
ditions under which the defendant required him to work.”
Difficulty remains in the determination of the question as to
whether the hazard is due to the employment or to conditions affect
ing the public generally. Thus a delivery man walking along the
street and falling over a bucket of broken glass, receiving fatal
injuries, was denied compensation by the New York Supreme Court,
appellate division (Newman v. Newman, 155 N. Y. Supp. 665,
affirmed by the court of appeals, 113 N. E. 332), the court saying that
he was exposed to no other hazard than that to which any one walk
ing in the same locality would have been exposed, so that it was not
|an incident of the employment. The supreme court of the State,
appellate division, however, allowed compensation in a case (Miller
v. Taylor, 159 N. Y. Supp. 999) in which the driver of an express
truck was struck by an automobile while crossing the street to
1deliver a package, distinguishing this from the Newman case above;
and the same court affirmed the finding of the industrial commission
,in a case (Putnam v. Murray, 160 N. Y. Supp. 811) where a driver
engaged in collecting dirt from the streets of a city stepped on a
rusty nail, the injury resulting in tetanus and death, the contention
that the injury was the result merely of conditions to which the
public generally was exposed not being admitted as a defense. The
employee was held to have been engaged in a hazardous employment
under the act, and “ the mere fact that a person not engaged in a
hazardous employment was exposed to the danger of a similar injury
should he chance to travel that way furnishes no argument for a
denial of the right of compensation to a person whose hazardous
employment compelled his constant presence on the street.”
A foreman struck by an automobile while crossing a street from
his work place to use a telephone was held by the Supreme Court of
Illinois to have been injured in the course of his employment and to
be entitled to benefits (Mueller Const. Co. v. Industrial Board, 118
N. E. 1028). So also a Minnesota court ruled that a driver was
exceptionally exposed to street risks, so that one hurt by the fall of
material from a building which he was passing was held to have been
injured by an accident arising out of and in course of the employ
ment (Mahowald v. Thompson-Starrett Co., 134 Minn. 113, 158 N. W.
913; Hansen v. Northwestern Fuel Co., 174 N. W. 726). An award
was also made by the Massachusetts board in the case of a street
sweeper injured by a runaway horse, over the contention of the city
of New Bedford that such an occurrence was not a natural incident
of the injured man’s employment.

PARTICULAR PROVISIONS OF THE LAWS.

173

The California commission allowed the claim of a motorman who
had reported for work five minutes before starting time, according to
rule, but slipped and fell on the street while going from the bam to
his car; it was contended that the nature of his employment was not
such as to expose him to street risks more than the average man,
but the commission stated that this rule should not be applied too
broadly, but with reference to the particular circumstances of the
case. Where an office employee, after finishing her day’s work, took
some of her employer’s letters to deposit in the post office on the way
home and was struck by a train, the New York commission rejected
the claim for compensation on the ground that she was following
the same route that she would have followed if she had been going
home without undertaking to mail the letters; that she was exposed
to no unusual hazard due to the employment; and that the injury
did not arise out of and in course of the employment.
The Supreme Court of Wisconsin made a ruling similar to that of
the California commission in the case of the motorman above, in the
instance of an employee who reported at 7.30 a. m. for orders as to
work which was to begin at 8, and while proceeding along the street
under orders to his work place, slipped and fell; the court held that
the status of employer and employee existed, and that the accident
grew out of and was incidental to his employment (City of Mil
waukee v. Althoff, 145 N. W. 238).
Where the injury was due to lightning stroke the Michigan
Supreme Court held that the exposure of a railroad section man
who sought shelter in a barn which was struck by lightning was in
no way different from the risk of other members of the community,
and was not caused by or in connection with his employment
(Klawinski v. Lake Shore & M. S. Ry., 152 N. W. 213)—a position
that was assumed also by the Supreme Court of Wisconsin (Hoenig
v. Industrial Commission, 150 N. W. 996), deciding on a case in
which a workman on a dam was killed by lightning. The Supreme
Court of Minnesota, on the other hand, affirmed an award of the
lower court in behalf of a claimant, where a man was injured by
lightning wiiile. seeking shelter under a tree at the time of a storm,
the court saying that there was evidence to sustain a finding that the
injury arose out of the employment (State ex rel. People’s Coal &
Ice Co. v. District Court of Ramsey County, 153 N. W. 119).
The Pennsylvania statute provides compensation for accidents in
the course of employment, omitting the limitation as to “ arising out
of.” It was held, therefore, by the compensation board of the State
that as death by lightning is unquestionably an accident, and the
law does not require that it should arise out of the employment, an
employee killed by lightning while engaged in the regular course of
his employer’s business wras within the act.

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To the same effect was the ruling of a Pennsylvania referee, who
held that a delivery boy struck by an automobile on the street and
killed was at the time engaged in furthering his employer's interests,
and compensation waa allowed accordingly. The supreme court of
the State affirmed an award in a case where an engineer was found
dead from a bullet wound inflicted by an unknown person, holding
that it was for the employer to prove that the injury was due to
personal reasons; further, the act is not limited to injuries “ arising
out of” the employment (Keyes v. New York, O. & W. R. Co., 108
Atl. 406).
Compensation was also allowed an employee who was shot by a
fellow employee who had gone insane, the board holding that “ it is
sufficient that he suffer his experience while in the course of his
employment (Quam case, 1917). Similarly the Ohio statute does
not contain the words “ arising out of,” but this was held by the
supreme court of the State (Fassig v. State, 95 Ohio Stat. 232, 116 N. E.
104) not to warrant the extension of the remedy provided by the
act to cases other than those in which the injuries resulted from or
were connected with the employment; so that it “ would not cover
any case which had its cause outside of and disconnected with the
employment, although the employee may at the time have been
actually engaged in doing the work of his employer in the usual
way.”
The United States employees’ compensation law provides relief
for injuries to an employee “ sustained while in the performance of
his duty,” thus adopting a phraseology which differs from that found
in the majority of compensation statutes. The absence of judicial
construction of these words put upon the commission the duty of
adopting a rule for its own guidance, the language being obviously
somewhat broader than that generally used. The rule is thus stated:
A personal injury sustained by a civil employee of the United
vStates while on the industrial premises of a navy yard, arsenal, or
other place of employment, provided such employee is on such
premises for the purpose of going to or returning from his work or
performing duties connected with or incidental to his work, and is
not on such premises merely for purposes of his own, shall be an
injury sustained “ while in the performance of his duty” within the
meaning of that phrase as used in section 1 of the compensation act
of September 7, 1916. This ruling is based upon the responsibility
of the United States, as the employer, for the safe and sanitary con
dition of its premises.
The award in the Minnesota case last named necessarily involved
the conclusion that the injured man had not left employment while
thus seeking shelter, and this question was also involved in the case
of a railroad lineman who took shelter from a storm under cars
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was injured, and the Supreme Court of New York, appellate division,
affirmed an allowance of compensation on the ground that to seek
available shelter was not leaving the employment but was incident
thereto (Moore v. Lehigh Valley R. R. Co., 154 N. Y. Supp. 628 .
And where a workman, chilled by exposure, fell asleep and was burned
while sitting by a fire, waiting for an opportunity to use an elevator.,
the injury was held to have arisen out of the employment {Richard*
v. Indianapolis Abattoir Co., 92 Conn. 274, 102 Atl. 604); also wheiv
an injury occurred to a workman unloading cars at intervals of about
15 minutes, injured by a car running upon him while seeking warmth
from the unloaded contents of the previous one (Northwestern Iron
Co. v. Industrial Com., 160 Wis. 633, 152 N. W. 416). But an em
ployee taking a rest between the loading of two wagons, and choosing
a place on a frequently used track to lie upon, and going to sleep
there, was held not to be protected by the act, other places being
available, and the unnecessary hazard being the result of his own
choice (Weis Paper Mill Co. v. Industrial Com. (111.), 127 N. E. 732).
Where one’s employment is of such a nature as not to involve fixed
working hours, difficulty may arise in determining between service
for the employer and the pursuit of private ends. Thus a real estate
and insurance agent, whose time was occupied largely according to his
own judgment, was injured while on his way to keep an appointment
with a prospective customer. The injury was held by the California
industrial commission to be while in his employer’s service, without
regard to the time. The same body awarded compensation to a
traveling salesman injured in an automobile accident while returning
from a search for prospective customers, basing the decision on the
same grounds. This principle was also applied b j a compensation
commissioner of Connecticut in the case of a general manager of his
employer’s business, who was killed while going on an errand for his
employer’s benefit after the expiration of the usual working time.
The industrial accident board of Texas approved the claim of a
traveling salesman who volunteered to assist workmen repairing a
bridge which he was to cross on his way from one town to another,
a delay of several hours being imminent; and the appellate court of
Indiana held that the injury arose out of the employment where an
insurance agent slipped on an icy sidewalk on his way from the station
to a hotel in the town to which his employer had sent him (In re
Harraden, 118 N. E. 142).
Taking a contrary position to that assumed in the foregoing
rulings, the Supreme Court of Massachusetts laid down a rule of a
strictness that would go far to limit the application of a compensation
law in cases where an employee was not restricted in his movements
to a set of conditions strictly affected by his employment. The
superior court had affirmed the award of the State industrial accident

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board in a case where a life insurance agent was injured in an auto
mobile accident, he having accepted the invitation of a prospective
customer to ride with him and talk over the policy proposed. The
court held that the field of the agent’s employment was in a sense
boundless—that his time and his method of procedure were his own.
He might travel on foot, or horseback, by trolley, train, or auto"
mobile. * * * He was wholly free as to time, place, or weather.
Under such circumstances, when one accepts an invitation to ride,
an injury received is not “ occasioned by the nature of the employ
ment.” The danger incident to the use of an automobile is not a
“ causative danger” “ peculiar to the work,” but is a risk which is
common to all persons using one. The injury can not be said reason
ably to have been contemplated as the result of the exposure of the
employment.
The claim of the injured man was therefore ordered dismissed
(Hewitt v. Casualty Co. of America, 113 N. E. 572).
A still different aspect of the question of the nature of the employ
ment calls for consideration where the preservation of discipline or
order or the handling of funds giving rise to a temptation to robbery
is a factor. The California commission awarded compensation in the
case of a city marshal killed while in the performance of duty, even
though a premeditated assault could not be classed as an accident. It
was said, however, that the injury under such circumstances might
be said to be accidental. Similarly a citizen called upon to aid a
deputy sheriff in arresting an offender was held to be entitled to
compensation as an employee of the municipality, an award to this
effect being affirmed by the Supreme Court of Wisconsin (Village of
West Salem v. Industrial Commission, 155 N. W. 929); so also of a
night marshal or .policeman killed while attempting to enforce the
speed laws of the State (Village of Kiel v. Industrial Commission,
158 N. W. 68).
Compensation was denied by the commissioner of West Virginia
in a case where a night watchman was attacked and went in the
darkness to secure his gun, which was accidentally discharged, caus
ing injury to himself, the commissioner saying that the injury was
not one received in the course of and by reason of the employment.
On the other hand, the industrial board of Illinois awarded com
pensation in behalf of a railroad watchman who was shot by a thief
whom he had taken; and the supreme court of this State (Ohio
Building Safety Vault Co. v. Industrial Board, 115 N. E. 149) took
the view that the murder of a night watchman might properly be
found to be connected with the nature of his employment as the
proximate cause, the injury being one to which the employee would
not have been equally exposed apart from his employment; so also
where a night watchman was killed by a burglar (Supreme Court of
California, Western Metal Supply Co. v. Pillsbury, 156 Pac. 491);

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and where a mill superintendent was murdered by an objectionable
person whom he had ordered to leave the mill (Massachusetts Supreme
Court, In re Reithel, 109 N. E. 951; see also Hayden v. Keown, 122
N. E. 264); where a foreman was shot by an employee whom he had
discharged (Ohio industrial commission); where a foreman was
assaulted and seriously injured while trying to compel a discharged
workman to leave the place of his former employment (California
Supreme Court, Western Indemnity Co. v. Pillsbury, 151 Pac. 398);
where an employee with authority to enforce discipline was attacked
after threatening discharge for frolicking during work time (com
pensation commission of New York); and where a superintendent
was killed by a watchman, following a quarrel in which both matters
of employment and personal matters were involved (Am. Smelting &
Refining Co. v. Cassil (Nebr.), 175 N. W. 1021).
A difficult case within this group was before the Supreme Court
of Massachusetts (In re Harbroe, 111 N. E. 709), in which a night
watchman was mistakenly shot by officers pursuing burglars who had
robbed a safe elsewhere and were being pursued. There was nothing
to indicate a fear of robbery of the premises which Harbroe was
guarding, and he was not fired upon because of his employment.
Shots were exchanged under mutual mistake, and the fatal injury
was said not to be an incident reasonably connected with employment
of that nature. The claim was therefore rejected on the ground that
the injury did not arise out of the employment. Quite similar is a
case decided by the Supreme Court of New Jersey (Schmoll v. Weisbrod & Hess Brewing Co., 97 Atl. 730), in which an award approved
by a lower court was reversed. The claim arose on account of the"
death of the employee who was a delivery man and collector for the
employing company and who was shot by an unknown person and
for an unknown cause while in the service of the company. The man
had money on his person, but no attempt at robbery was made, and
it was held that there was nothing to indicate that the shooting was
in any way connected with the employment.
In another case (Walther v. American Paper Co., 98 Atl. 264) the
same court affirmed the award of the court below—a night watchman
having been killed by a coemployee for purposes of robbery. It was
said that the facts differentiated the case from the Schmoll case above,
and the reasoning of the memorandum filed in the lower court was
approved. One point emphasized therein was that the assailant
gained the knowledge as to the watchman’s movements and his pos
session of his pay from the fact of coemployment, which also gave
him access to the building in which the attack was made. “ The
facts are so interwoven with the question of his employment that it
must be determined that the accident arose both out of the and in
course of his employment.” This case was reversed by the court of
177982°—21—Bull. 272------ 12

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errors and appeals (99 Atl. 263), practically without opinion, the
court merely saying that it thought the death didliot arise out of the
employment, and was not distinguishable in this respect from Hulley
v. Moosbrugger (p. 180).
Other cases in which robbery appeared as a motive were decided
in favor of the claimants by the industrial commission of California,
where a street-car conductor whose line terminated in an unin
habited locality was attacked for the purposes of robbery; by the
industrial commission of Ohio, where the bookkeeper of a firm was
assaulted and robbed while returning from a bank with the weekly
pay roll; and by the West Virginia public service commission, where
the paymaster of a coal company was ambushed while carrying money
for the employees, being killed and robbed. The correctness of such
rulings is supported by remarks of the Supreme Court of New Jersey
in the Schmoll case above, in which such conditions are discussed and
are said to fall within the principle of an approved English case cited.
The presumptions were held by the California commission to be
against a claim for the death of a chauffeur, whose body was found
after having taken two men out in his employer’s machine to an
agreed point a few miles outside. The employment was held not to
be one giving rise to risk of assault, and in the absence of direct evi
dence favoring an award the claim was dismissed. Where an inten
tional assault was committed upon a workman who had been em
ployed in the place of discharged employees, it was held that the
positive danger peculiar to the work and not common to the neigh
borhood was a factor that was present, and also that the injury was
incidental to the character of the business and not independent of
the relation of master and servant. The injury need not have been
foreseen or anticipated, but if it happens it must be seen to have had
its origin in a risk incidental to the employment and to have flowed
from that source as a rational consequence. The discharged work
men had been reemployed and had shown ill feeling, the injuries
being the result of a fight between them and the injured man. The
New York commission held that the incident might reasonably have
been anticipated and that it arose out of and in the course of the
employment. The award was affirmed by the supreme court, appel
late division (Hartnett v. Thomas J. Steen Co., 153 N. Y. Supp. 1119).
Where the injury is the result of horseplay, it is quite commonly
held that while the accident occurred in the course of the workman’s
employment it did not arise out of it. The Michigan compensation
board was therefore constrained to deny compensation in a case in
volving the perennially recurring folly of the application of com
pressed-air hose causing internal injuries to a workman, the case as
usual being one of a claim for fatal injury. In a similar though non
fat al case the supreme court of the State disallowed a claim as not

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arising out of the employment, though it was in evidence that the
employees “ all had a; habit of fooling around at different times.”
The injured man in this case was attending to his duties, which were
in no way connected with the use of the compressed air (Tarpper v.
Weston-Mott Co., 166 N. W. 857). The Appellate Court of Indiana,
however, took the view that where the injured man was taking no
part in the use of the hose or in the so-called sport therewith, he was
within the provisions of the act, so that his dependents might claim
compensation (Bimel Spoke & Auto Co. v. Loper, 117 N. E. 527).
In support of its position the court said in an earlier opinion on
the same case:
The employer, with knowledge of the facts, permitted such prac
tice to continue. It was within his power to have prohibited it.
By failing to do so it became an element of the conditions under
which the employee was required to work.
In line with the above was a decision by the Supreme Court of
Kansas to the effect that where the employer had notice of horseplay
as a custom, injuries due thereto are compensable, as arising out of
the employment (White v. Kansas City Stockyards Co., 117 Pac.
522). The industrial commission of California, while recognizing
that the general rule would be that “ skylarking’ ’ was out of employment and not compensable, allowed a claim in the case of a man who
was known to be peculiarly susceptible of being tickled, and was
made to fall by the action of one of his associates, he himself taking
no part in any scuffling or diversion. It was said that a rigid applica
tion of the general rule would deny compensation to a considerable
number of persons who are injured without stepping outside the
course of their employment, and without any intent to injure or
any seeming likelihood of injury resulting from the act of a fellow
employee. In a similar case, however, the same commission denied
benefits in the cage of an employee of a brewing company who, in
accordance with custom, undertook to drink beer from a bottle, and
found that a fellow employee had, as a practical joke, put caustic
soda used for cleaning the bottles into this bottle, causing injury;
and when the first case noted above came before the Supreme Court
of California the award was reversed, the court saying that while
the accident was undoubtedly in the course of the employment, it
did not arise out of it, as there was no causal connection between the
accident and the conditions under which the employee was working
(Coronado Beach Co. v. Pillsbury, 158 Pac. 212). The same view
was taken in a case (Fishering v. Pillsbury, 158 Pac. 215) where a
workman sought compensation for the loss of an eye due to an injury
afflicted by a fellow workman who pointed a trick camera at the
injured man, from which a spring was ejected when a button was
pressed.

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The industrial board of Illinois discredited the contention of horse
play where the employer claimed that the injury was received
during a scuffle among employees who were at the pay window for
the purpose of receiving their pay checks. Employment was said to
be continuous during this time, and the claim was allowed.
Two claims passed upon by the industrial accident board of
Massachusetts were rejected, one being where workmen were scuffling
for possession of a truck, the other that of a man who was tickled
by a coworker, he himself taking no active part in the affair. The
Supreme Court of Nebraska (Pierce v. Lumber & Coal Co., 156 N. W.
509) ruled that horseplay or anger leading to the injury of an employee
by another is not within the act. So also the Court of Errors and
Appeals of New Jersey reversed the supreme court of the State in
the case of an award made by it allowing a claim where an employee
fell and was fatally injured by dodging a playful blow, saying that
it was not the employer’s duty to prevent playful assaults, and that
it was immaterial whether the employee engaged therein or not,
the risk not being reasonably incident to the employment (Hulley
v. Moosbrugger, 88 N. J. L. 161, 95 Atl. 1007). This corresponds
to the action of the Supreme Court of New York, appellate division,
which reversed an award in behalf of a girl who practically lost the
sight of one eye by scissors thrust though a crack toward which she
leaned to discover the occasion of a slight disturbance (De Fillipis v.
Falkenburg, 155 N. Y. Supp. 761). However, the compensation com
mission of that State has made other awards in cases coming under
this principle which, so far as is now known, have not been reversed.
In one instance an employee slapped a fellow workman who was asleep
on a table and walked away while looking backward at him, running
into an object, which necessitated the removal of an eye. In another
case workmen quarreled as to the performance of a piece of work on
which they were jointly engaged; while in the third instance a friendly
controversy was in progress when injuries were incurred by one of
the parties which might lead to total blindness. The court of
appeals of the State took a position more nearly in accord with the
rulings of the commission than of the supreme court as expressed
above in a case in which an injury to the eye of a stableman, received
in the course of a quarrel or argument as to the best method of doing
a piece of work, was held compensable (In reHeitz, 112 N. E. 750).
The industrial board of Indiana allowed compensation where an
employee was assaulted by his employer, and the department of
labor of Minnesota ruled similarly where a bartender was injured
by a druken customer. This latter finding was approved by *the
supreme court of the State (State v. District Court of Koochiching
Co., 158 N. W. 713).

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The Ohio commission ruled in favor of a workman struck by a
missile thrown in sport by a fellow workman while the former was
going from his work place to a locker; also where a man was killed
by an enraged fellow workman with whom he had previously had an
altercation, though the deceased was engaged in his employment at
the time of the attack and was not fighting; and in the case of a
stenographer killed by a jealous suitor in the establishment. In this
last case the injury was said not to be due to the hazards of the em
ployment, but did occur in the course of it. Where, however, men
suspended their work for a brief time and engaged in a friendly box
ing bout, one being hurt, the injury was held not to have been re
ceived in the course of employment.
The industrial commission of Oklahoma rules that injuries of this
sort are not covered, whether only one or both of the employees
voluntarily engage in the diversion. The Supreme Court of Wis
consin also denied benefits in the case of a man injured by the spor
tive application to his body of a compressed-air hose by a fellow
employee, the injuries being said not to be a rational consequence of
the employment (Federal Rubber Mfg. Co. v. Havolic, 156 N. W. 143).
The Supreme Court of Michigan passed upon a case where a work
man voluntarily left his post to participate in an altercation in which
his employer was engaged, going to his defense, the court ruling
that the man was not injured in the course of his employment (Clark
v. Clark, 155 N. W. 507). On the other hand, the industrial com
mission of New York made an award in such a case (Sassabo case,
1917). The attempted rescue of a fellow workman, resulting in the
death of the volunteer, was held to be an act in the line of duty and
compensable (Supreme Court of Illinois, Dragovich v. Iroquois Iron
Co., 109 N. E. 999). .The New York Court of Appeals carried this
principle a step further in a case (Waters v. William J. Taylor Co.,
112 N. E. 727), in which an award was approved in behalf of a work
man who attempted the rescue of a workman on the same build
ing, but employed by another contractor. It was admitted that
the man stepped “ somewhat beyond the limits which would fix the
scope of his employment under ordinary circumstances,” but to bar
a claim in his behalf would be “ narrow and disappointing.”
What departure from the strict performance of duty will amount
to leaving employment was ruled upon by the California commis
sion in a case in which compensation was allowed where an em
ployee in a canning establishment moved a few steps to hear the
remarks of a fellow workman and was injured, the course of em
ployment being held not to be broken by this act; so where a deck
hand was in an engine room to help start the engine, as ordered by
his superior, though the rules forbade deck hands to be in' the engine

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room. The New York Supreme Court, appellate division, affirmed
an award by the commission of that State in behalf of the driver
of a truck who was injured while putting his horse in the stable, the
court holding that the care of the horse was a part of the operation
of the truck, and was therefore covered by the act (Smith v. Price,
153 N. Y. Supp. 221). The public service commission of West Vir
ginia rejected a number of claims on the ground that the injuries
were not due to the employment, one instance being that of a miner
who while on his way to work stopped at a pump to get some water
in a bucket, the pump handle striking his watch pocket and explod
ing four dynamite caps which were in it, causing serious injury to
his hands, it being held that the injury was not received in the
course of and resulting from the employment. In another case an
employee volunteered to assist a fellow employee in adjusting a
kicker on a log deck, and suffered injury, compensation being denied
on the ground that the injury was not received in the course of the
workman’s employment; so also where a lathe operator undertook to
operate a machine of a different type. The fourth instance was that
of a miner attempting to drill a dynamite cap for a tube for his
carbide lamp. The industrial commission of Wisconsin was less
stringent in its consideration of a case in which an employee in a
packing house, engaged in general lines of service, undertook to kill
a hog and cut his hand, the ruling being that as he had not been
instructed that it was not his duty to kill the hog, there was a fail
ure on the part of the employer to make the nature of the employ
ment sufficiently specific to lead to the conclusion that this acci
dent was not in the course of employment, and the claim was allowed.
But the Supreme Court of Illinois reversed an award in favor of a
punch pressman who left his own machine and undertook out of
curiosity to operate a similar one, differently equipped, that stood
near his own. The injury was said to be due to a voluntary act out
side of the duties of his employment, for which the employer was not
responsible (Adams & Westlake Co. v. Industrial Commission, 127
N. E. 168).
A case passed upon by the Supreme Court of Michigan presents a
construction of a strictness surpassing the usual attitude of the courts
on this point, and was dissented to by three of the eight judges before
whom it was tried. The claimant was a molder in a foundry, who
also as a part of his duties operated a crane used to aid him in his
work, such operation being effected from the floor. It was the duty
of a machinist to make any needed repairs, and there being need of
repairs, notice was given by the claimant, and the machinist, a Ger
man, went upon the crane to do the required work. The claimant
was a Croatian, and was not able easily to tell the machinist where
the difficulty lay, so went upon the crane to point it out, and while

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descending lost a portion of his hand by the unexpected starting of
the crane. The accident board awarded compensation, which the em
ployer contested on the ground that the employee had left his place
of employment, so that the injury did not arise out of and in course
of the employment, and that he was guilty of intentional and willful
misconduct. The majority opinion held that the injury did not arise
in the course of the employment, and that being the case, it was
immaterial whether or not there was misconduct (Bischoff v. Amer
ican Car & Foundry Co., 157 N. W. 34). The dissenting judges
were of the opinion that there was no other purpose in the man’s act
than to hasten the repair of the crane, the difficulty with which he
knew and which he was not able to indicate clearly by word of
mouth. “ His effort was made in furtherance of the master’s busi
ness, and it should not deprive him of the award.”
This case has been referred to as being violently out of harmony
with the entire spirit of compensation legislation. That the views
of the minority are regarded as good law in some jurisdictions is
evidenced by a decision of the Supreme Court of Wisconsin upholding
an award to a widow whose husband lost his life in an effort to extin
guish a fire which he discovered in his employer’s premises after
working hours (Belle City Malleable Iron Co. v. Industrial Commis
sion, 174 N. W. 899). In this case the court said:
We do not think that either the letter or the spirit of the workmen’s
compensation act requires that such employee should be penalized
for obeying such a natural and commendable instinct on his part.
See also the view of the New York Court of Appeals in the Waters
case, supra, and of the Illinois court in the Dragovich case.
The interruption of employment for a matter of personal con
venience has already been noticed in the case of a workman going
to the toilet (Zabriskie case, p. 171). Similarly, the public service
commission of West Virginia held that a laborer had not left service
while on his way to procure a drink of water, this being said to be a
necessity and not terminating employment. The Supreme Court of
Massachusetts held that an employee going out for lunch by the only
means of egress from the shop was within the act, even though the
stairway was not a part of the rented establishment nor under the
control of the employer (In re Sundine, 105 N. E. 433); and so of a
compositor going on a roof on a hot night for fresh air, in accordance
with a permitted practice, and falling presumably by reason of a
misstep, whereby his death was caused (In re von Ette, 111 N. E.
696). The decision in the Sundine case corresponds with the ruling
of a Connecticut commissioner under practically identical circum
stances. It was held by the Supreme Court of New Hampshire that
a workman did not leave the course of his employment when he
went some 20 feet from his work place in a moment of leisure to

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converse with a friend (Barber v. Jones Shoe Co., 108 Atl. 690).
The industrial commission of Michigan awarded compensation in a
a case where a section hand on a railroad was killed by a train while
going home for his lunch at the noon hour; this was reversed by the
supreme court of the State on the ground that the employee had not
remained on the premises and had broken the status of employer
and employee for the time being (Hills v. Blair, 148 N. W. 243).
The California commission held that service had not been sus
pended in the case of a cook who had left the kitchen to smoke for a
time on the adjoining porch, and on attempting to return opened the
wrong door and fell downstairs. It was held that what one may
reasonably do of a personal nature and not in conflict with specific
instructions does not take him out of his employment. The assistant
attorney general of Iowa approved a claim for compensation in the
case of a workman injured by undertaking to light his pipe while
his hands were moist with gasoline with which he had been cleaning
clothing; and the California commission allowed a claim where a
workman lit a cigarette, setting fire to a bandage on an injured hand,
the bandage being soaked with turpentine (Duarte case). The
supreme court of the State sustained the award, saying that the
habit of smoking was an incident to be reckoned with (WhitingMead Commercial Co. v. Ind. Com., 173 Pac. 1105). The Supreme
Court of Illinois likewise affirmed an award in a case in which an
employee entered the washroom in a factory and struck against a
locker, igniting matches that were in his pocket. His clothing was
oily and he was fatally burned. The carrying of matches was said to
be a common practice, and the employee had a right to be where he
was. The injury was therefore held to be within the act (Steel Sales
Corp. v. Industrial Commission, 127 N. E. 698). The industrial
commission of Iowa took a different stand from that adopted by the
attorney general and denied the claim of a workman injured while
attempting to light his pipe, on the ground that smoking was not
part of his employment, and the employer was not liable for the
injury (Rish case, 1917). And the public service commission of West
Virginia, in a case in which an employee of a gas company was burned
by lighting his pipe near a leaky line, ruled that no compensation
was payable, since it was no part of the man’s employment to smoke
or to light his pipe.
The compensation commissioner of the same State (succeeding the
public service commission mentioned above) similarly denied com
pensation to a plumber who drank a poisonous fluid by mistake,
thinking that it was drinking water furnished by the employer for
his workmen’s use. This action was reversed by the court of appeals
of the State, however, and compensation allowed (Archibald v. Ott,
87 S. E. 791). Where accidental poisoning on the premises involved

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the intervention of a third party the Court of Appeals of New York
(O’Neil v. Carley Heater Co., 113 N. E. 406) held that payment of
compensation was not warranted. In this case a workman com
plained of feeling poorly and was told by an employee of another
contractor at work on the same premises where about the establish
ment a remedy might be found. The workman, however, took the
wrong substance by mistake, with fatal results. The State commis
sion had made an award, v h'ch the court reversed, distinguishing
this case from that of Archibald, which had been cited as supporting
the award in favor of the claimant.
In line with the position of the court of West Virginia is the rul
ing of the New York commission in another case of poisoning, or
of corrosive effects rather, where an employee in a millinery estab
lishment became nervous, hysterical, and finally fainted after a
rebuke from her foreman for talking yhen she had in fact been
speaking on a subject connected with the establishment. Ammonia
and water were brought in separate receptacles, but in the confusion
the former was dashed on the employee’s face in lieu of the latter,
with serious results to the eyes, lips, etc. Compensation was awarded
as for injuries arising out of and in the course of employment.
The continuity of employment is not broken by reason of the fact
that service is being rendered in violation of the Sunday rest law, the
employer being also a violator of the law, and the fact of violation not
contributing to the injury (Frint Motorcar Co. v. Industrial Commis
sion (Wisconsin), 170 N. W. 285). And this was held to be true even
though the injury would not have been received if the workman had
remained at the place assigned him by his employer. The employee
was a mechanic and volunteered to go to one of his employer’s cars
on the race track, presumably in need of assistance, and this act was
said not to take him out of the scope of his employment. But the
Supreme Court of Illinois denied compensation where an employee
volunteered to take an implement from a fellow workman and do the
work the latter was directed to do, and was killed by accident while
attempting to perform the task (Mepham v. Industrial Commis
sion, 124 N. E. 540).
The situation of an employee whose hours of labor are spent under
conditions determined by the employer was passed upon by the
industrial commission of Wisconsin, the case being that of a lumber
man who was injured while in his bunk at the camp by a straw
dropping from the bunk above him into his mouth and causing an
infection. It appeared that no other sleeping quarters were avail
able than those furnished by the employer, so that the injury was
held to arise out of the employment, the employment being re
garded as continuous from the time the workman entered the camp
until the completion of his contract (Bebeau case, 1917).

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This was sustained by the supreme court of the State, as against
a contrary decision by a circuit court, the finding being that the em
ployee was under the protection of the company, using the things
furnished him for his use during the employment, and that under
these circumstances he was performing services incidental to and
growing out of the employment (Holt Lumber Co. v. Industrial
Commission, 170 N. W. 366).
The Supreme Court of Iowa ruled against a claim on account of
the death of a workman killed by lightning while sitting in a lodging
tent furnished by his employer, the work of the day being ended
(Griffith v. Cole Bros., 165 N. W. 577). It was said here that, though
injury occurred in the course of the employment, it did not arise out
of it.
Incidents arising before the beginning or after the termination of
work form a border area in which individual cases must be considered
largely on their own merits, and the fundamental principles can
hardly be said to differ from those applicable under the old liability
laws. Thus where an employer transports his employees to and
from their place of work the responsibility of the employer was ruled
upon diversely in two cases before the industrial accident commis
sion of California, in one case the ruling being made that where the
employer was in the habit of furnishing such transportation his
liability ran during the period of its performance; in the other case
it was found that the element of transportation was not a part of
the contract of hiring but merely an accommodation granted with
out cost and terminable without notice, so that no responsibility
attached for injuries occurring during its period. The Supreme
Court of Massachusetts held that transportation in a wagon furnished
by the employer was a collateral or subsidiary part of the contract
in the instant case and therefore within the act (In re Donovan,
104 N. E. 431).
In line with the Massachusetts decision are others from Con
necticut (Swanson v. Latham & Crane, 101 Atl. 492) and New York
(Littler v. Geo. A. Fuller Co., 119 N. E. 554), where it is held that the
employment relation continues during the period of transportation
by a conveyance furnished or procured for the purpose by the em
ployer.
A man employed by the city and furnishing his own team was held
by the Supreme Court of Minnesota not to have been in the course
of his employment by the city while feeding his horse in his barn in
the evening, so that compensation could be had for his death from
injury while so engaged (State ex rel. Jacobson v. District Court,
175 N. W. 110).
Where woodchoppers were allowed time to return to camp from
the place of the day’s work the commission of California ruled that

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an injury to an employee who fell from a log while on his way to
camp was on the employer’s premises and in the course of employ
ment.
The Supreme Court of New Jersey held within the act of that
State the action of a girl combing her hair to remove bits of wool
at the close of the day’s work, the hair being caught in the machinery
and injury following (Terlecki v. Strauss, 89 Atl. 1023). A similar
ruling was made by the Supreme Court of Michigan in the case of
an employee running to punch a time clock at the close of work
and colliding with a fellow workman on account of an obstruction
that hid him from view (Rayner v. Sligh Furniture Co., 146 N. W.
665). The same court more recently affirmed a decision of an
arbitration committee awarding compensation for the death of a
railroad laborer whose time of employment was irregular, and who
was killed while on his way home at night on the right of way after
leaving reports at the station (Papinaw v. Grand Trunk Ry., 155
N. W. 545).
The industrial commission of Ohio allowed benefits in the case
of a man killed on a roadway which was on the premises of his em
ployer, and while on his way to work; also in a case in which a work
man was hurt, by contact with objects lying on the floor, while going
for his coat and hat after the whistle blew; and the Wisconsin com
mission allowed a claim in the case of a 14-year-old boy returning
to work after lunch, who diverged from the most direct route, placing
his hand under a machine hood and losing the forearm by the action
of the knives therein. It was said that the natural curiosity of a boy
of 14 years must be taken into consideration and that a commonsense construction of the law must be made, the responsibility for
such accidents resting on employers who place such children in places
of danger rather than upon the children themselves.
Admitting that the accident arose out of the course of the em
ployment, but holding that the degree of injury complained of was
not due thereto”, the Supreme Court of Kansas reversed an award in
a claimant’s favor where it appeared that total disability would not
have resulted from the injury but for the malpractice of the attend
ing physician (Ruth v. Witherspoon-Englar Co., 157 Pac. 403).
The case was remanded for a determination of the degree of disa
bility due to the accident as such and a corresponding award.
The law of Washington makes no mention of arising out of em
ployment, but provides for employees “ injured in extrahazardous
work,” so that the law is of broader application than those con
sidered above. The State commission refused the application of a
widow for compensation for the death of her husband, who was shot
by a discharged workman in a general m6lee, on the ground that the
injury was not a direct result of the employment; but the supreme

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court reversed this ruling, saying that “ under our statute the work
man is the soldier of organized industry, accepting a kind of pen
sion in exchange for absolute insurance on his master’s premises ”
(Stertz v. Industrial Ins. Com., 158 Pac. 256).
WILLFUL MISCONDUCT.

The term “ willful and serious misconduct” is used in the British
compensation statute, and these words or words of similar intent
have been incorporated in a number of the American laws. What
constitutes such conduct as will bar claims is a question that fre
quently comes up for discussion. The industrial accident commis
sion of California held that an injured employee, who attempted to
clear away the sawdust from a saw after having signaled for the
power to be shut off and waited the usual time for the saw to cease
revolving, was not guilty of willful misconduct, even though negli
gent, in undertaking to do the work before movement had actually
ceased. In another case an award was made where an employee was
electrocuted by undertaking repair work without shutting off the
current; it was in evidence that this had been the custom, since to do
otherwise would bring a considerable amount of work to a stand
still, and there was no evidence that the foreman himself had taken
such precautions. It was said that in fatal cases evidence regarding
willful misconduct must be clear and of the highest character.
Another case of fatal injury passed upon by this commission was
that of an employee riding a motor cycle down hill at a claimed
excessive speed in violation of an ordinance. The brakes of the
motor cycle were defective, so that the speed was not entirely under
control of the employee. It was said that a mere violation of an
ordinance would not establish willful misconduct, and the defense
must prove the element of willfulness by a preponderance of. testi
mony. A somewhat similar award by the commission was reversed
by the supreme court of the State where the injury resulted from the
driving of an automobile at a rate of from 35 to 45 miles per hour,
the court saying that such action was willful misconduct, especially
where wholly unnecessary, even if not unusual in the locality and
not in violation of rules and orders of the employer (Fidelity & De
posit Co. v. Industrial Accident Commission, 154 Pac. 834).
A district court of appeal of the same State denied the right to
compensation where a messenger boy was killed by an elevator
which he had been warned not to ride on or to operate, and which
he undertook to operate, the court holding this act to be willful
misconduct such as to bar recovery (Pacific Coast Casualty Co. v.
Pillsbury, 162 Pac. 1040).
A compensation commissioner of Connecticut made an award in
the case of a motorman killed in a head-on collision said to be due

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189

to his running his car beyond an agreed stopping point. The same
view was taken as to the evidence in fatal cases as that indicated by
the California commission, pointing out that a distinction should
be drawn between a criminal action against a living man and a com
pensation claim made by dependents of a deceased employee. It was
said that “ serious and willful misconduct connotes deliberation and
intention, mere carelessness or negligence not being sufficient.” The
Supreme Court of Michigan applied practically this view in the
case of a man injured by failure to observe the movements of the
crew of a train on a track which he was crossing, the court saying
that, though there was gross negligence, it was not willful and inten
tional misconduct so as to defeat the recovery (Gignac v. Studebaker
Corporation, 152 N. W. 1037); while in New Jersey the defense of
willful negligence was not allowed where a workman digging at a
pier was injured by falling objects, the court saying that intentional
self-infliction and intoxication were the only bars to recovery men
tioned in the act of that State (Taylor v. Seabrook, 94 Atl. 399).
Less liberal was the ruling of the public service commission of
West Virginia where a “ pickier” in a sheet-iron mill attempted to
secure his tongs, which had slipped from his hand into the acid
solution, and wTas burned thereby. Compensation was refused on
the ground that he knew of the injurious nature of the acid, so that
reaching his arm into it was equivalent to serious and willful mis
conduct. The element of disobedience to rules and orders was in
volved in several cases in hand, the Supreme Court of California
denying compensation to a lineman who was killed by contact with
a live wire, though he had rubber gloves with him and had been
instructed to use them, an award of the commission in favor of his
beneficiaries being annulled (Great Western Power Co. v. Pills
bury, 149 Pac. 35). The earlier administrative body of the State
(the accident board) had formulated a rule that “ convincing proof
of the deliberate intentional violation of a rule formulated, brought
to the attention of those whom it is designed to govern, and diligently
enforced, will establish willful misconduct.” The later commission,
however, made an award in favor of a claimant who was injured
while performing a service which it was stated he had been for
bidden to render, the commission saying that where it appears that
the disobedience of an oral instruction was not actuated by willful
desire to disobey an order, but by a wish to further the employer’s
interests, it is not willful misconduct so as to defeat a claim.
This latter principle was applied by the industrial board of Illi
nois to the case of a workman who volunteered to operate a punch
press whose operator he was to serve by the delivery of material to
him, the operator being at that time absent. It was held here that
the violation of orders, specific or general, does not amount to willful

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u n it e d st a t e s .

misconduct or take one out of the course of his employment if it is
done in good faith and upon the theory that it is for the best inter
ests or promotes the business of the employer. In another case
it was said that to make a ruling that a workman violating instruc
tions or committing acts of negligence or willfulness should not be
entitled to compensation would add to the law by the exercise of
judicial powers not conferred upon the board by law.
The Supreme Court of New Jersey affirmed an award for the death
of a servant killed while attempting to start a fire by the use of wood
alcohol, though she had been warned not to use kerosene, “ or any
thing like that.” The court held that she was in her line of duty,
and that the measure of disobedience was not so great as to bar the
claim (Kolasynski v. Klie, 102 Atl. 5). And the Supreme Court of
Massachusetts allowed compensation in a case where a man was told
that he must do certain work only when the adjacent machinery was at
rest, but did not do so and came in contact with a revolving shaft and
was killed. The court said in this case that serious and willful miscon
duct means more than negligence or gross negligence, and that disobedi
ence to orders, to constitute such misconduct, must be deliberate and
not merely thoughtless (In re Nickerson, 105 N. E. 604). In a case
before the industrial accident board of the State, however, com
pensation was denied a workman who was injured by contact with a
machine which he had no occasion to touch, and which he had been
told repeatedly not to touch or work on, and had been threatened
with discharge if he used it contrary to orders. The supreme court
also denied compensation where a workman incurred injury while
attempting to open a window which was nailed down, obviously to
prevent its being opened. The plain implication was equivalent to an
order, the violation of which would bar his claim (In re Borin, 116
N. E. 817).
Misconduct was charged in the Rayner case (p. 1,87), where a work
man was injured while running to punch the time clock. This, how
ever, the Supreme Court of Michigan disallowed. In two cases the
Supreme Court of New Jersey denied compensation, where injuries
were fatal, on the ground of disobedience, one being that of an em
ployee using an automobile contrary to specific and immediate orders
(Reimers v. Proctor Publishing Co., 89 Atl. 931); the other that of
a workman on a building who was of infirm health and had been for
bidden to go on any scaffold, and was killed by a fall following dis
obedience of the order (Smith v. Corson, 93 Atl. 112). In two cases
also the industrial commission of Wisconsin denied benefits on
account of injuries, one of them fatal, where men undertook the
operation of appliances which they had been forbidden to use.
The failure of a workman at a quarry to take shelter from a blast
when warned by the usual signal was held by the Supreme Court of Con-

PARTICULAR PROVISIONS OF TH E LAW S.

191

necticut to be “ careless and perhaps negligent,” but not such tlserious
and willful misconduct” as to bar a claim for his death (Merlino v.
Connecticut Quarries Co., 104 Atl. 396). Quite similar was the view
of the Court of Appeals of Maryland where a shop employee was
killed while seeking to pass between moving cars, though warned of
his danger. “ It was a thoughtless and heedless act, but not a willful
breach of a positive rule of conduct or duty” (Baltimore Car
Foundry Co. v. Ruzicka, 104 Atl. 167).
Of like tenor with the foregoing are decisions by the Appellate Court
of Indiana (Haskell & Barker Car Co. v. Kay, 119 N. E. 811), and
by the Supreme Court of Oklahoma (Wick v. Gunn, 169 Pac. 1087),
in which the failure to use a guard for the machinery operated re
sulted in injury. In both cases it was found that the workmen used
poor judgment, but not that there was willfulness so as to prevent
the making of claims. A district court of appeal of California, on the
other hand, found that the removal of a guard by an experienced
laundry worker was willful misconduct within the meaning of the
compensation act, as well as a violation of the commission’s safety
orders (Bay Shore Laundry Co. v. Ind. Acc. Com., 172 Pac. 1128).
That the injury was self-inflicted was made the ground for the
denial of benefits in two West Virginia cases, both being cases where
the workman opened pimples or blisters, infection following, the
public service commission saying that the injury was not the result
of employment, but was a self-inflicted injury in nowise connected
therewith. The opposite view was taken by the accident commission
of California, where a man undertook to remove a sliver from his*
finger with a pocketknife against the protest of the employer’s wife.
The commission said that the action was unwise, but did not consti
tute willful misconduct. In another case metal splinters were ex
tracted from the hand of a toolmaker with forceps, infection and
dermatitis following, a Connecticut compensation commissioner here
ruling that the employee was guilty of willful misconduct, there being
full instructions for reporting injuries in all cases.
Intoxication is mentioned in a number of laws as a bar to claims,
or it may be classed in itself as serious misconduct. The California
commission rejected this defense in an instance where the only evi
dence w^as that of the smell of liquor on the breath and perhaps an
admission of the occasional use of beer, it being said that this did
not meet the burden of proof required. In three cases reported from
two compensation districts of Connecticut claims were disallowed on
the ground of the intoxication of the injured man, in one instance the
commissioner saying that the employee was guilty of willful miscon
duct in using intoxicants while in the course of employment; in the
second a quarrelsome and abusive man under the influence of liquor
was ordered to leave the works, and fell or was thrown down while

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UNITED STATES.

being ejected; in the third case a teamster under the influence of
liquor was permitted to remain at work on the strength of a promise
that he would drink no more that day, which promise was broken,
and the man fell off the wagon in the afternoon and suffered serious
injuries.
The omission of any mention of intoxication or willful misconduct
in the law of Illinois, already mentioned, left the industrial board
of that State free to approve the claim of a beneficiary of a man who
had fallen down a stairway while intoxicated. The law of Massa
chusetts bars injuries due to serious and willful misconduct, and the
degree of intoxication found in two cases, reports of which are at
hand, was held by the accident board of the State as sufficient to bar
recovery, one instance being that of a man falling from his wagon,
while in the second the injured man was struck by an electric truck
in the street.
The converse to the barring of claims by reason of the willful mis
conduct of the employee is the principle of allowing special damages
or double compensation where the employer is so careless of the wel
fare of his employees as to incur such liability under the law. A
committee of arbitration under the Massachusetts law had made an
award of double damages as for wanton and reckless disregard of an
employee’s safety in neglecting to furnish a kicking strap for a horse
of known vicious disposition. The industrial accident board of the
State reversed the penal part of the award, saying that the employee
knew of the tendency and should have been cautious, and that the
•personal injury could not be held to have resulted from the serious
‘ and willful misconduct of the superintendent.
The supreme court of the State had a like contention before it in
a case in which an award of double benefits had been granted against
an employer who maintained an elevator badly out of repair, which
was held by the commission to be the cause of the injury for which
compensation was sought (Riley v. Standard Accident Ins. Co., 116
N. E. 259). The court ruled that there was evidence of negligence,
but not of “ serious and willful misconduct,” which “ involves conduct
of a quasi criminal nature,” intentionally injurious or with “ wanton
and reckless disregard of its probable consequence,” citing Burns’s
case (218 Mass. 8, 105 N. E. 601).
The Ohio statute allows suit for damages where injury results from
the willful acts of the employer; and it was held by a Federal court
that it was not necessary that there should be a deliberate intent to
do bodily injury, but that liability would lie where there was, as ap
peared in the instant case, an “ utter disregard of consequences”
(McWeeney v. Standard Boiler & Plate Co., 210 Fed. 507). It may
be noted that the legislature of the State subsequently amended the
law by incorporating a definition of the term “ willful act,” restrict

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193

ing it to “ an act done knowingly and purposely with the direct pur
pose of injuring another,” thus controverting the position taken by
the court in the McWeeney case. This definition comports with the
interpretation placed upon the term udeliberate intention” found in
the Oregon statute, the supreme court of that State saying that it does
not imply carelessness or negligence, however gross, but a determina
tion to injure (Jenkins v. Carman Mfg. Co., 155 Pac. 703).
An Ohio case that arose subsequent to the amendment referred to
above involved the construction of the amendment and of the con
stitutional provision that permits suits for damages where an injury
is due to the failure of the employer to comply with lawful safety
requirements. The term 11lawful requirement” was held to imply
more than a mere common-law rule, and to mean either specific orders
or a definite statute or ordinance. An injury due to the negligent
piling of lumber on a car and to a defective condition of railway tracks
was held therefore not to sustain a suit for damages, as against a
claim for compensation (American Woodenware Mfg. Co. v. Schorling,
117 N. E. 366).
LIABILITY OF THIRD PARTIES.

It is commonly provided by the statutes that where the injury to
an employee is due to the negligence of a third party, claim may lie
against the employer, he being subrogated to the rights of the in
jured man, and entitled to sue; or the workman himself may sue, the
employer being thereby left free from liability. In construing-this
provision of the Massachusetts statute the supreme court of the
State held that the injured employee has the choice of remedies, and
if he dies his personal representative has similar rights to elect which
of the two remedies he will pursue; an insurer giving relief under
his contract is not equitably subrogated to the rights of the injured
man, but stands as an assignee of such rights, and may proceed in
any amount that the latter could recover, not being limited by what
he as insurer has paid or was liable to pay (Turnquist v. Hannon,
107 N. E. 443). The same court had before it a case in which a man
injured by the negligence of a third party had recovered from him
for the injuries received and subsequently died therefrom. It was
held that the widow could look to the employer for benefits under the
compensation law, as her rights were independent of her husband’s,
and were not affected by his receipt of any sum from the third party
(In re Cripp, 104 N. E. 565). But the injured man himself, having
accepted benefits under the act, can not then have recourse to a suit
against the third party (Barry v. Bay State Street Ry. Co., 110
N. E. 1030).
The validity of the corresponding provision of the Minnesota statute
was vigorously attacked in a case (Matheson v, Minneapolis Street
177982°—21—Bull. 272------13

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Ry. Co., 126 Minn. 286, 148 N. W. 71) in which a city employee
sued a street railway company for injuries inflicted by one of its cars
while he was laying paving near the track. All parties were under
the compensation law, which permitted such a suit, but limited
recovery to the amount of compensation fixed for a like injury if the
employer alone was responsible. This was held to be valid against
the injured man’s contention that his right to sue could not be thus
limited. In a later case before the same court (Hansen v. North
western Fuel Co., 174 N. W. 726) a similar situation was involved,
a laundry driver being injured by a truck of the fuel company. The
third party defendant was under the compensation act, as well as the
employer and injured employee. On hearing it developed that the
injury arose out of and in course of the injured man’s employment,
so that he would have been entitled to an award against his employer.
The third party moved the dismissal of the suit as a common-law
action, and that the court award or deny compensation in accordance
with the compensation act. This motion was granted, and the de
fendant having invited an award of compensation was said to be
without power to question its liability up to that of the employer.
The only duty devolving on the court, therefore, was to fix the com
pensation payable.
A New York claimant undertook to recover from both his employer
and a third party, which the supreme court of the State, appellate
division, held impossible (Miller v. New York Rys. Co., 157 N. Y.
Supp.* 200). The same court passed upon a case in which the injured
man had signed a release to the third party and sued to recover
compensation under the law, the court holding that the release
would serve only to reduce his claim for compensation by the amount
paid for such release, and was not an absolute bar to the claim; on
the other hand, the release would be ineffectual as against the insurer’s
rights to recover from the third party unless the insurer had assented
thereto in writing (Woodward v. E. W. Conklin & Son, 157 N.
Y. Supp. 948).
A somewhat different aspect of the question was developed in a
case in which a workman was injured while engaged in his duties, by
reason of an assault by strikers. In passing sentence upon the
assailants the court put them on parole on condition that they pay
specified sums periodically to the injured man. The injured man
also claimed benefits under the compensation law, and an award was
made by the industrial commission, which held that the employer
should make these payments without regard to the sums received by
the workman under the sentence of the court. The employer and
insurance carrier complained of this holding, and as the law provides
that the employer shall be subrogated to the remedies of the employee
against the third party, and makes the employer liable only for any

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195

difference between the recovery by suit and the statutory award
under the compensation law, it was held by the court that the com
mission had erred in not applying the sums paid by the assailants to
the statutory award, leaving the employer liable only for such bal
ance as might remain due (Dietz v. Solomonwitz, 166 N. Y. Supp.
849).
Quite similar was the decision in a Connecticut case (Rosenbaum v.
Hartford News Co., 103 Atl. 120), in which it was held that where
the third party had paid a sum for a release before any suit was
brought, the employer was entitled to have this sum deducted from
the amount to be paid by him as compensation. Conversely, the
Supreme Court of Michigan ruled that the amount recoverable by
an employer suing the third party was limited by the amount paid
by him as compensation to the injured workman (Albert A. Albrecht
Co. v. Whitehead & Kales Iron Works, 166 N. W. 855). It was also
held in this case that the judgment could not even cover future pay
ments under the award.
The Nebraska statute permits the employer paying compensation
to sue such third party without any limitation upon the amount
recoverable in the action; but it was held by a United States circuit
court of appeals that where the recovery by the employer was for a
larger sum than the statutory obligation under the compensation
law, he should turn over to the injured workman any excess remaining
after deducting his own payment and the costs of the proceedings,
such excess to go as an added benefit to the beneficiaries under the
compensation law (Otis Elevator Co. v. Miller & Paine, 240 Fed. 376).
A point incidentally decided in this case was to the effect that the
concurrent negligence of the employer does not bar his right to
proceed against a negligent third party.
The Ohio statute permits employers to act as self-insurers on a
showing of financial ability, etc. No provision as to injuries by third
parties appears in the law, and the industrial commission of the State
ruled that an employee injured by the negligence of a third party
might proceed both against such party for damages and against his
employer for compensation under the act. The Supreme Court of
New Jersey passed upon a case which was practically identical in its
situation to the facts in the Cripp case above, and the court held that
in the existing state of the law not only could a widow recover from
the employer under her independent right, but further that the
employer was not subrogated to the rights of the injured man as
against the third party (Newark Paving Co. v. Klotz, 91 Atl. 91).
It was said that double compensation would be possible under the
circumstances, just as was allowed under the ruling of the Ohio com
mission last noted; but it was said that this situation, if it was to be
remedied, must be remedied by the legislature. Action was subse

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quently taken to this end, and an amendment to the law subrogates
the employer to the rights of the injured man against the third party,
where compensation is claimed under the law.
In West Virginia, as in Ohio, the law omits all reference to injuries
due to the negligence of third parties, and the supreme court of that
State decided (Mercer v. Ott, 89 S. E. 952) that the personal repre
sentative of a man killed by the fault of a third party might recover
against the latter, the right of the widow to compensation from the
employer under the law being unimpaired thereby.
The Wisconsin statute contains a provision as to subrogation,
and in a case in which the employer had settled with his employee
and was therefore subrogated to the latter’s rights against the third
person for the injury, the employer subsequently assigned this right
of action to the injured employee; the third person thereupon
objected that the employer should be made a party plaintiff, which
contention the court rejected, ruling that there had been a full and
complete assignment (McGarvey v. Independent Oil & Grease Co.,
146 N. W. 895).
The Michigan law permits recovery against either the employer
or the third person, and if the employer pays he is entitled to take
action against the third person for his own reimbursement. It was
contended that this fixed the amount of the recovery against the third
person at the amount awarded as compensation and was uncon
stitutional, as depriving the third party of his right to appear and
defend in the action and have his rights determined by a court of
competent jurisdiction. The supreme court of the State (Grand
Rapids Lumber Co. v. Blair, 157 N. W. 29) held that this was not
the proper construction of the law and that as properly construed
it was not unconstitutional, merely making the payment of compen
sation prima facie evidence of the liability of the third party, which
was within the power of the legislature.
The same court had before it a case in which a widow had sued
the third party and recovered judgment to the amount of $10,000.
The widow and her deceased husband’s employer had agreed that if
her recovery should be less than $3,000, the employer would make
good the deficit up to that amount. The defendant offered this
agreement as constituting an election to accept compensation in
that sum and as a bar to the action. The court rejected this con
tention, holding the contract void, and declaring the suit the only
effective election (Detloff v. Hammond, Standish & Co., 161 N.
W. 949).
In a case before the Illinois board the claimant contended that the
amount received by him from the third party had nothing to do with
his claim against the employer for compensation. This was not
allowed by the board, and as the amount so received exceeded the

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amount recoverable as compensation, no claim was considered, the
application being dismissed. The law of this State provides that
where the employer, the employee, and the third party are all under
the act, the employer shall pay the compensation due, and shall be
subrogated to the employee’s rights against the negligent third
person. This was claimed to be a limitation on the employee’s
right to recover adequate damages without any benefit to offset the
loss. The court pointed out (Friebel v. Chicago City Ry. Co., 117
N. E. 467) that the employer is obligated to make the payment when
nothing might be recoverable from the third person; nor is the
employee dependent entirely upon the solvency of his employer,
since he might proceed against the third party in his employer’s name
in case of the latter’s insolvency and refusal to sue. In any case,
the employee took the choice of compensation, with the conditions
attached, when he made his election. The provisions of the law in
this respect were therefore held valid.
The Kentucky statute differs from the foregoing in that it permits
the injured man to sue the third party and also seek compensation
from his employer; but the employer is subrogated to the employee’s
rights to the extent of any compensation paid by him. This is held
in no way to limit the amount of the employee’s recovery against the
third party (Book v. Henderson, 197 S. W. 449). The employer
should interplead and set up his cause of action, whereupon it would
be the duty of the court to apportion between the employer and the
employee the damages recovered; or if the employer did not seek to
recover, the third party would be entitled to have credited on his
judgment any sum received by the employee in the form of compen
sation.
The California act of 1913 did not in terms provide for redress
against a third party, but did declare the liability of principals and
contractors other than the immediate employer, such remedies to be
administered by the commission. This provision was held to be un
constitutional, the court declaring that the legislature was not
authorized to confer upon the commission any authority to settle
liabilities against persons not employers, the constitutional amend
ment merely permitting legislation to “ create and enforce a liability
on the part of all employers to compensate their employees” for
injury (Carstens v. Pillsbury, 172 Cal. 572, 158 Pac. 218). A new
law was enacted in 1917, embodying provisions to the same effect as
those condemned in the Carstens case. The section containing these
provisions was held to be unconstitutional for the same reason as
previously assigned, “ in so far as it attempts to authorize the award
ing of compensation against a third person not an employer” (Perry
v. Industrial Accident Commission, 181 Pac. 788). This is not to be
construed as affecting the succeeding section of the law, which author-

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izes suits for damages where a third person is liable, and does not
attempt to confer on the commission the power to determine liabil
ities; and the subrogation of the employer who has paid compensation,
and seeks to recover from the third party, is likewise constitutional
(Western States Gas & Electric Co. v. Bayside Lumber Coal, 187
Pac. 735).
In the case of Bryant v. Fissell (86 Atl. 458), already noticed, the
negligence of the independent contractor whose employee caused the
death by dropping the piece of metal on the workman below, was
offered as a reason why Bryant’s employer should not be held as the
responsible party. The Supreme Court of New Jersey said on this
point that when there has been an acceptance of tlie elective com
pensation system provided by the act, it is expressly stated that
compensation shall be made by the employer without regard to his
negligence.
The fact, if it be a fact, that the representative of the decedent
has also a right of action against a third party in no wise militates
against the present action. The act under which this suit is brought,
and which at best provides only for partial compensation, nowhere
provides specifically or by implication that an employee shall be
deprived of his right to compensation thereunder merely because the
accident gives rise to a right of recovery against a third party.
Another phase of this general question was discussed in a case
arising under the law of Washington (Northern Pacific Ry. Co. v.
Meese, 36 Sup. Ct. 223). Action was first brought in the district
court of the United States to recover from a railway company for
an injury caused by the alleged negligence of its employees in moving
cars in a brewery yard, causing a fatal injury to an employee of the
brewery. This action was in damages as against a third person.^
The compensation law of the State provides that all claims against
employers for injuries to workmen shall be determined in accordance
with the provisions of this act, and civil suits for damages are abol
ished, with some exceptions. The statute provides that if an injury
to a workman occurs away from the plant of his employer, and is due
to the negligence or wrong of a third person, action may be brought
against the third person or a claim made under the compensation
law, at the option of the injured workman or his survivors. In the
case at hand the injury did not occur away from but at the plant of
his employer, and the court held that as the right of action for fatal
injuries was entirely a statutory one, it was within the power of the
legislature to make the provisions that it had, and that it was the
evident intent to abolish private controversies and civil actions except
as specifically provided for, the case in hand not coming within the
exception. Since, therefore, the provision of the law was thus clear,
the remedy by a claim for compensation was held to be exclusive, and
the action against the railroad company was dismissed (206 Fed. 222).

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On appeal, however, this decision was reversed by the circuit court of
appeals (211 Fed. 254), but the Supreme Court of the United States,
on further appeal, adopted the opinion of the trial court, reversing
the court of appeals. This accords also with the view taken by the
supreme court of the State (Peet v. Mills, 76 Wash. 437, 136 Pac.
685), which declares that the law is exclusive, reaching to “ every
injury sustained by any workman while engaged in any such [included]
industry, regardless of the cause of the injury or the negligence to
which it might be attributed.”
Not going so far as the above, but representing something of the
same attitude, was a case decided by the Supreme Court of New
York, appellate division (Winter v. Peter Doelger Brewing Co., 162
N. Y. Supp. 469), in which a driver employed by a brewery was
injured by reason of a defective elevator on the premises of a saloon
where he was making a delivery. Instead of taking compensation of
the employer, he sued the saloon owner as the negligent third party
liable for the injury. As it happened, the saloon was owned by the
employing brewery company, which resisted suit on the ground that
the case was one of compensation for injuries to an employee. This
contention was sustained by the court, it saying that the fact that
the elevator and saloon were located at some distance from the em
ployer’s brewery did not make the employer a third party or in any
way change the relation of the plaintiff to his employer, so that his
rights were based on the compensation law and not on the law of
negligence (reversing appellate term, 159 N. Y. Supp. 113).
Another phase of the question was before the same court in a case
(In re Cahill, 159 N. Y. Supp. 1060) where a deceased employee left
a widow and a. mother entitled to claim benefits. It was held that
the widow’s action in electing to sue the third party for damages did
not debar the mother’s claim for compensation under the act.
TEMPORARY DISABILITY.

As compensation usually terminates on recovery from the effects
of the injury, it is a fundamental necessity of administration to deter
mine when this occurs, and when there are other causes that intervene
to prolong disability, while the matter of malingering must also be
taken into consideration.
The industrial commission of California ruled in two very similar
cases that the prolongation of disability due to the failure of the in
jured man to take the necessary exercise required to restore a frac
tured limb to use was not ground for prolonging payments, saying
in one instance that the law does not contemplate compensation for
mere pain and inconvenience, but only for disability to labor, which
would not exist in the instant case had tlie injured man possessed
the necessary resolution to put the injured member into service. In
another case before this commission it was said that the applicant

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must prove his actual disability as a physical fact as distinguished
from an inability to secure employment on account of the scarcity
of opportunities, saying, “ compensation is payable for inability to
do work, not for inability to find work to do.*’ In contrast with this
is the ruling of the Supreme Court of Kansas (Gorrell v. Battelle,
144 Pac. 244), in which a man, unable to secure employment after
recovery from a total disability by reason of a continuing partial
disability, was held entitled to full compensation until work was
obtained, the court holding that compensation is to be paid for the
loss of earning power as the result of the injury, whether manifested in
inability to perform obtainable work or inability to secure work to
do. This accords with the ruling of the Supreme Court of Massa
chusetts that the act of that State covers not only physical incapacity
but also inability to obtain work, resulting directly from a physical
injury (In re Sullivan, 105 N. E. 463; In r6 Septimo, 107 N. E. 63).
The California rulings noted above accord with a statement in an
opinion by the superior court of New Haven County, Conn., in which
it was said that the law was not concerned with the fact of whether
an injured man had recovered and was actually earning the same
amount as before the injury or whether he had found a position where
he could so oarn, but that the statute was satisfied with his adequate
recovery to be able to do so.
In a case before a compensation commissioner of Connecticut the
injured man’s action in delaying recovery by the use of intoxicants
was held adequate ground for denying a claim for compensation
for 16 weeks, the award being for but 6 weeks. In another case a
Connecticut commissioner denied disability benefits where a claimant
refused to do work that was offered him and which he was able to
do, because he had formed the idea that it would interfere with his
getting pay for his injury. Apparently departing from the foregoing
practice is the ruling in another, case before a commissioner of the
State in which the former employer had no work for the injured man
on the declared termination of his disability, and the latter found
other employment which he was compelled to withdraw from after
two days, being unable to continue. It was ruled that the injured
man was entitled to employment by his former employer, or that
suitable work should be found for him. This corresponds also with
a ruhng by the industrial board of Indiana to the effect that the
employer was liable for compensation until such recovery as would
enable the injured man to resume his former occupation, though the
employer might discharge his liability by furnishing work which
the employee could do.
The industrial accident board of Massachusetts required an em
ployer to continue payments in behalf of an employee who lost a
foot, beyond the period of the schedule award for partial disability
11until occupation suitable for a one-legged man is found.”

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201

Taking the same view as that of the California commission above
was a ruling by the Massachusetts board terminating benefits on a
fixed date, as the continuing incapacity could be attributed to the
lack of confidence of the injured man in using his leg; while a find
ing of a committee of arbitration in this State was affirmed by the
board where there was claim of a continuing pain and disability
which led the man to stop working, although it was held that “ he
would be better off if he worked/’ so that, though he had not entirely
recovered, compensation benefits should not be extended beyond an
elapsed date, incapacity from the injury having ceased at that time.
Two cases involving alleged simulation required a determination of
actual capacity to work where there were vigorous claims of pain and
sensitiveness and inability to use the muscles, medical examination
showing injuries neither to the physical nor to the nervous system,
cases of a class that are so definitely recognized in German practice
as to receive the designation “ Renten-hysteria” or compensation
hysteria.22 The industrial commission of Wisconsin, in commenting
on a similar condition, said that “ the employee’s trouble is largely
of the mind, increased perhaps by the prospect of compensation.”
Compensation for an adequate period of recovery was allowed, but
not for the period for which claim was made. The necessity of re
turning to work, even at the cost of some inconvenience, was em
phasized by the commission in another case in which it was said that
there would necessarily be some tenderness of amputated fingers, no
matter when the injured man returned to work, and compensation
was terminated at the time of the healing of the wounds.
A situation the converse to that appearing in some of the fore
going cases was before the industrial board of Illinois in a case in
which an employee whose fractured patella had been joined by a
silver wire was taking exercise as directed by his physician and felt
something give way, an examination showing that the wire had
pulled through the bone. As against the contention of the em
ployer that this was a second injury for which he was not liable, the
board ruled that the condition of the employee was due to the origi
nal injury, and that he was doing what could reasonably be ex
pected, as advised by the physician, and payments were continued.
The same view was taken of a case before the California commission,
where a broken collar bone parted after a supposed uniting, no acci
dent intervening, and the original employer was held responsible.
PARTIAL DISABILITY.

Where there is a surviving effect of an injury, amounting to a
permanent partial disability, the question of the amount of compensa22 An interesting recent contribution to the literature on this subject is a work by Francis X . Dercum,
M. D ., entitled “Hysteria and Accident Compensation,” 1916.

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tior. for designated injuries is fixed in many of the laws by sched
ule, while in other cases proportional awards or estimated rates
must be allowed; questions of possible benefits from operations, etc.,
are also involved. (See “ Medical treatment,” pp. 232 to 240.)
The original Connecticut statute contained no provision as to par
tial loss of vision, and in a case before a commissioner an award
for the period of temporary total disability was all that was found
possible under the act, though there was a 50 per cent impairment of
the vision of one eye, which might not, however, and it was testified
that it probably would not, interfere with the employee’s earning
capacity. In a case before another commissioner of the same State
there was no evident loss of earning capacity at the time, but it was
ordered that in view of the possibility of further decrease or total
loss of vision on account of the injury, “ this claim remains active in
the files and is subject to revision.” The Pennsylvania schedule
provides only for “ the loss of an eye,” and it was held by the board
that in the absence of proved loss of earning power, a proportionate
award for partial loss of vision was not authorized.
The original Illinois statute, likewise, made provision only for
the loss of sight of an eye, but the board of that State ruled that
for the partial loss there should be a proportional award. The
schedule of Michigan makes the same omission, and where the State
board allowed a proportional award in the case of the loss of from
one-third to one-half the vision of an eye, there being no immediate
wage loss, the supreme court disallowed the award except for the
period of total disability (Hirschkorn v. Fiege Desk Co., 150 N. W.
851). In another case (Cline v. Studebaker Corporation, 155 N. W.
519), the same court held that where there was a 90 per cent loss
of vision which could be reduced to a 50 per cent loss by the use
of glasses, it was the duty of the employee to use such a common ap
pliance as glasses, and compensation would be allowed for partial
disability on the basis of the wage loss sustained, if any, and not as
for the loss of vision, which would be practically total without the
aid of the glasses. The Supreme Court of Wisconsin had before it
a case involving similar facts, there being a permanent impairment
of the vision of one eye, but no present wage loss. The law of this
State as it then stood provided for compensation “ in all other cases
in this class” in an amount proportionate to the awards presented
in the schedule, the schedule itself providing for both enucleation
and the total blindness of an eye. The industrial commission had
made an award on account of the probable difficulty in securing
future employment, which the court reversed, as not being judicially
aware of the loss of earning power of a man with but one eye. Three
judges dissented on the ground that “ in the exercise of common
knowledge and observation the capacity to obtain employment is

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203

impaired” (International Harvester Co. v. Industrial Commission,
147 N. W. 53).
The distinction between the loss of an eye and the loss of sight
was considered by the Court of Appeals of Kentucky (Nelson v. Ken
tucky River Stone & Sand Co., 206 S. W. 473). The law schedules
the loss of certain members at a fixed rate, but mentions only the
“ loss of sight of the eye.” Where a workman lost an eye, requiring
its removal, the court held that the loss was greater than that cov
ered by the schedule, and should be determined on the basis of
“ other cases of permanent partial disability.”
In a case that came before the New Jersey Supreme Court (Feld
man v. Braunstein, 93 Atl. 679) an award had been made as for
permanent partial disability, the injury consisting of a 90 per cent
loss of the vision of one eye, the partial disability payments to run
for not more than 300 weeks, there being an expression of opinion
that the disability would be but temporary if an operation was had.
The court reversed this award and made the schedule allowance of
100 weeks’ benefits as for the loss of an eye, subject to review in case
an operation should be had, saying that the award must be made
on the basis of existing facts and not on contingencies or the prob
able effects of an operation. In another case this court considered
the method of an award where both eyes were affected, there being
an 80 per cent loss of vision. The original award was for 80 per
cent of the 100 weeks for each eye, taken alone—i. e., for 160 weeks
for the two. The supreme court substituted for this an award of
80 per cent of the compensation allowed for the loss of both eyes—i. e., 400 weeks, which allowed 320 weeks’ compensation (Vishney v.
Empire Steel & Iron Co., 95 Atl. 143).
The Supreme Court of New York, appellate division, had before it
a question as to the nature of the injury where a workman lost the
lens of an eye (Frings v. Pierce-Arrow Motorcar Co., 169 N. Y.
Supp. 309). An artificial lens gave normal vision, but it could not
be coordinated with the other eye, so that he could use but one eye at
a time. The court held that, as he had two useful eyes, there was
not the loss of an eye within the meaning of the statute, so that
compensation was payable only for the period of temporary disa
bility. This case was distinguished from one in which the use of
glasses gave the injured eye about one-third normal vision, and
that only when the other eye was closed (Smith v. F. & B. Con
struction Co., 172 N. Y. Supp. 581). In the Frings case either eye
could be used as a normal eye; here the good eye must be closed to
obtain a one-third vision of the injured eye. An award for permanent
loss of use of the eye was affirmed.
The original law of Kansas contained no schedule, but provided
for a percentage of the wages for a period not exceeding eight years

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in cases of partial disability, no reference being made to actual wage
loss. The supreme court of the State held (Gailey v. Peet Bros.
Mfg. Co., 98 Kans. 53, 157 Pac. 431) that the continuation of an in
jured man in employment at the same wages would not deprive,,
him of a right to compensation unless the employment continued for
the full period for which compensation might be paid; and, even so,
the employee might wish to take other employment where the injury
would, perhaps, interfere with his earning capacity, in which case
recovery of compensation in accordance with the terms of the act
would be the only means of discharging the liability of the employer.
An award in the claimant’s favor was therefore affirmed, at the mini
mum rate allowed by the law. The same action was taken in the case
of a carpenter who lost an eye, but suffered no reduction in earning
power, so far as shown; however, he testified that he was not able to
“ get the focus” so as to drive nails or do similar work with his former
facility (Oliver v. Christopher, 159 Pac. 397). In another case partial
disability for 80 weeks was estimated and an award made, and the
court refused to disturb this, although within that period the injured*
man was earning more than his original wages (Dennis v. Cafferty, 99
Kans. 810, 163 Pac. 461; see also Hood v. Transit Co., 186 Pac. 977).
An opinion of the Supreme Court of New York, appellate division,
(Wagner v. American Bridge Co., 158 N. Y. Supp. 1043) corresponds
more closely to that of the dissenting opinion in the International Har
vester case above than to the decision of the majority. The injury re
sulted in practically total deafness of one ear. The New York statute
presents a schedule of awards for specific permanent partial disabili
ties, but does not mention deafness as one of them. The injured man
sought to recover damages in a suit at law, but the employer claimed
the right to settle under the compensation law of the State, whose
provisions were applicable to him. This position was sustained by
the court, saying that, though there was no mention of this particular
injury in the schedule, the enumeration did not profess to be inclusive,
the injuries set out being merely examples to aid in administering the
statute. The law provides that in other cases where there is a perma
nent partial disability compensation shall be awarded on the basis of
the loss of earning capacity, and the court directed that the industrial
commission of the State should take the case under advisement and
make such award as the facts indicated, saying that “ Total deafness,
the gravamen of this complaint, obviously impairs plaintiff’s indus
trial efficiency,” thus taking judicial notice of the consequences of
such an injury.
The enumeration by schedule of certain frequently occurring
injuries and the fixing of stated benefits therefor does not render
purely automatic the administration of the laws in this field. Where
the awards prescribed are to be used as a standard for disabilities of

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205

a comparable nature, it is obvious that the administrative board must
use its discretion in determining the amount due according to these
standards. The Indiana law fixes specific amounts for the loss of
separate fingers, and also for the loss of a hand, the latter being less
than the aggregate that would result from the four fingers and the
thumb computed separately. The appellate court of the State,
however, pronounced absurd a view that would allow such an aggre
gate award, since it must be assumed that the loss of the hand at the
wrist would be a greater loss than that of the fingers and the thumb,
unless under extraordinary and unusual circumstances. An award
was therefore directed to be made in such amount as the board might
find proper, “ not to exceed 200 weeks,” following the language of
the statute applying to cases not specifically provided for; though
as the award for the loss of a hand is but 150 weeks, it is clear that
the intention of the court could not be carried out if an award in
excess of that term was made (In re Maranovitch, 117 N. E. 530).
The law of New Jersey fixes a schedule of benefits for designated
injuries and provides that other injuries shall be proportionately
compensated. Under these provisions the supreme court reversed a
judgment allowing more for a stiffened ankle, than the schedule
allowance for an amputation between the knee and the ankle,
leaving it for the trial judge to decide on reconsideration whether the
award should equal such amount or be less (Rakiec v. D., L. & W.
R. Co., 88 Atl. 953).
The Appellate Court of Indiana had before it a case in which an
award had been made for temporary total disability due to injury to
one part of the body, and also for permanent partial disability result
ing from the same accident. It was held that the two awards were
not to run concurrently, but should be consecutive and within the
statutory limitations as to the total term and amount of benefit
payments (In re Denton, 117 N. E. 520). A number of the laws are
specific in their statement that where there is a schedule of awards
for permanent partial disabilities the payment prescribed shall be
in lieu of all other compensation for the injury; but where there was
an amputation of one finger, compensable under the schedule as a
permanent partial disability, and a crushing and laceration of another
finger, causing temporary total disability, the industrial accident com
mission of Maryland awarded benefits for the two injuries inde
pendently.
In a somewhat similar case the New York Court of Appeals set
aside an award for the temporary total disability period where the
commission had awarded for both this and the schedule loss for a
permanent partial disability (Marhoffer v. Marhoffer, 116 N. E. 379).
The Supreme Court of Connecticut took a different view, and held
that where multiple injuries occurred, one causing temporary partial

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disability should be compensated independently of another, received
at the same time, causing permanent partial disability and com
pensable at a fixed rate under the schedule (Olmstead v. Lamphier,
104 Atl. 488). This court drew a distinction between an injury
requiring an immediate amputation of a finger (Kromer v. Sargent
& Co., 104 Atl. 488) and one in which a period of disability preceded
the amputation (Franko v. Schollhorn Co., 104 Atl. 485). In the
former case the temporary total and permanent partial disability
were a single* incident, and no separate awards could be made, that
for the permanent partial disability being the sole remedy. In the
Franko case there were several weeks of disability while a cure was
being attempted, and compensation was said to be due for this
period, as well as for the schedule period fixed for the loss of the
member.
In the New Jersey case of Nitram Co. v. Creagh (86 Atl. 435) an
employee was injured by the crushing of certain fingers of his hand,
causing a temporary total disability of approximately six months
and also a partial but permanent disability, due to the injury to the
fingers. The law provides for compensation for temporary total
disability at a rate based on the injured employee’s earnings, and in
another clause for compensation in amounts determined on the basis
of a percentage of the employee’s wages payable for fixed periods of
time for different specific injuries. In the case in hand the award for
total disability for the term of its continuance was made, and in
addition to this the award under the subsequent clause for permanent
disability partial in character. To this the employer objected that
compensation could be awarded only under a single clause, which
contention the supreme court rejected, sustaining the principle of a
combined award, one for total disability during its continuance and
one for the partial disability that remains after any degree of
maiming..
Much the same question was involved in the case of George W.
Helme Co. v. Middlesex Common Pleas (87 Atl. 72), in which an
injury involving several fingers was compensated for under provisions
of the law which designate the amount to be paid for each separate
injury. The injury consisted in the loss of parts of the second and
fourth fingers and all of the third finger, and separate awards were
made according to the schedule for each finger. It was claimed by
the employer that as all three fingers were injured in the same acci
dent the time should run concurrently, so that during the first 15
weeks there would be a total computed compensation of $13.20,
reduced to $10 per week by the maximum limitation of the statute,
while for the succeeding weeks during which any compensation was
allowed there would be the concurrent operation of awards for the
designated injuries. This contention was denied in the trial court

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and on appeal in the Supreme Court of New Jersey. It may be noted
that the law of this State has been amended so as to make benefit
payments consecutive and not concurrent, allowing first for the tem
porary total disability and subsequently for such payments as are
awarded as Compensation for permanent partial disability.
Instead of making the schedule ay/ards a standard by which other
injuries of a comparable nature should be compensated, the law of
Nebraska enumerates but a brief list of maimings, and directs that
other partial disabilities shall be compensated on the basis of the
wage loss occasioned thereby. Under this law, the loss of a toe,
which is specifically provided for in the laws of several States, was
held not to entitle the injured workman to compensation for maiming
unless it appeared that his earning power was thereby impaired
(Epsten v. Hancock-Epsten Co., 163 N. W. 767). The employee in
this case had taken special training and been reemployed at higher
wages; but compensation was awarded on the ground that there was
evidence of his being unable to perform the duties of his former
employment.
The New York cases vary from this point of view, the court of
appeals saying that the terms “ loss” and “ loss of use” used in the
law should be given their unrestricted and ordinary meaning, and
not limited to mean incapacity merely for the work of a particular
employment (Grammiciv. Zinn, 219 N. Y. 322, 114 N. E. 397 ; Modra
v. Little, 223 N. Y. 452, 119 N. E. 853). So that the loss of 80 per
cent of the vision of the eye, capable of improvement by the use of
an artificial pupil, does not warrant compensation as for the loss of
an eye; since, the use of an artificial pupil, though not fitting him for
a vocation requiring reading or fine work, will qualify him for some
employments (Boscarino v. Carfagno & Dragonette, 115 N. E. 710).
A ruling by the Illinois board related to the rating of disability
where the four fingers of a hand were lost, claim being submitted
as for the complete loss of the use of the hand. Award was made
on this basis as against the contention that with the thumb and palm
remaining intact the schedule award for individual fingers should
control.
Another aspect of the question was before the Supreme Court of
Minnesota, which affirmed an award in behalf of a man suffering from
an ununited fracture of the leg near the hip. It was held that there
was not only the loss of use of the leg (compensable under the law as
for the loss of a leg), but there was a greater injury on account of the
inconvenience and suffering, occasioning total disability, so that com
pensation should be the maximum for temporary total disability—300
weeks—and not 175 weeks as for the loss of a leg (State ex rel. Albert
Lea Packing Co. v. District Court of Freeborn Co., 178 N. W. 594).

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The industrial accident board of Michigan took the same view
of the loss of all the fingers of the right hand as constituting loss
of the use of the hand as that set forth by the Illinois board above;
in this instance, however, there was some impairment of the use of
the thupib. In another case before the Michigan board the schedule
of maimings was‘interpreted as having the purpose to furnish indem
nity to the person who suffers the loss of members; and the fact that
he earned the seme wTages as before w as not admitted to considera
tion, specific indemnities being “ payable not on account of the effect
on the earning capacity but because the injured man must go through
life without the use of the member lost.” A similar view was taken
by the Supreme Court of California in a case (Frankfort General
Insurance Co. v. Pillsbury, 159 Pac. 150) in which a carpenter was
awarded 20J per cent of disability for the loss of the greater part of
a forefinger, though no loss of wages wTas suffered on account of the
maiming. The law of the State has no schedule of awrards, but uses
a table based on employment, occupation, etc., the immediate effect
of the injury on earning capacity not being the sole test.
In contrast with this is a decision of the Supreme Court of Wis
consin (Northwestern Fuel Co. v. Leipus, 152 N. W. 856), in which
an award based on an impairment of function of the arm of the
injured man was reversed, the court saying that the basis of com
pensation was not the impairment of function but the impairment of
earning capacity. This diverges again from the opinion of the
Supreme Court of New Jersey (Burbage v. Lee, 93 Atl. 859), where
it was said that permanent injuries (limitation of wrist motion and
shortening of leg in this case), even if not causing wage loss, are to
be compensated, as it is not the mere loss of earning power that is
considered but also the physical efficiency not so measured, which
harmonizes more nearly with the expressions of the Michigan board
and the Supreme Court of California.
Another case, involving the construction of the New York schedule,
was that of a workman who lost a phalanx of a finger, with injuries
stiffening other joints. The supreme court, appellate division, ruledthat there should be an award on the schedule basis as for not more
than the loss of a finger, and not a compensation on the basis of wage
reduction, which might increase the award above that for such a loss
(Fineman v. Albert Mfg. Co., 155 N. Y. Supp. 909). The industrial
accident board of Vermont made a ruling involving this principle,
in which it declared that the schedule of maimings as set forth by
the law of that State was the exclusive award in cases to which it
was applicable, nothing being allowable for subsequent reduced
earning capacity.
The schedule of Connecticut contains a provision for injury to
the hand involving partial disability, and an award on the basis

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209

of the present condition of the injured hand was made in a case
in which it was admitted that an operation might improve the
condition, the commissioner ruling that an award on a contingency
could not be made.
Questions of fluctuating status were passed upon by the Supreme
Court of Massachusetts in two cases, in one of which (In re Durney,
111 N. E. 166) it was said that where partial disability is to be
compensated for by a payment of one-half of the wage loss, as was
required by the law of that State, no account should be taken of the de
pressed labor market, but the difference between the amount that the
injured man would have been able to earn if there had been no
depression in employment and his former earning capacity should
be made the basis of payments. In the other case (In re Stickley,
107 N. E. 350) a man who returned to work for his former em
ployer with a partial disability and was allowed compensation there
for, at the expiration of this contract found himself unable to obtain
work on account of his crippled condition; he was held entitled to
compensation as for total disability for an indefinite period, subject
to the right of review.
The disposition of cases involving multiple injuries was considered
by the supreme courts of Minnesota, New Jersey, and New York in
cases at hand. The Supreme Court of Minnesota (State ex rel. Ken
nedy v. District Court of Clay County, 151 N. W. 530) held that an
award involving injuries to the hand and arm should be propor
tionate to the total effects and not to the sum of the items. This
was the view taken by the Supreme Court of New Jersey (O’Con
nell v. Simms Magneto Co., 89 Atl. 922). In both these cases awards
made below by addition were in excess of the award computed
according to the rules of the courts. In a case before the Supreme
Court of New York, appellate division, however (Rockwell v. Lewis,
154 N. Y. Supp. 893), separate awards for the loss of several fingers
amounted to less than the award for the loss of the hand; on review
the injury was found practically to amount to such loss, and the
award made on the latter basis was affirmed. In another case
before this court there was the loss of a foot, together with injuries
to the hands, and concurrent awards had been made. This was
reversed by the court, the award for the loss of the foot being
allowed to stand, though leaving the matter of other injuries open
for subsequent consideration if they should continue beyond the
period of the schedule allowance for the loss of the foot, the court
saying that a payment of two-thirds of the wages (for 205 weeks
in the case of a foot) is the maximum benefit, and concurrent awards
leading to an excess of such an allowance would violate the prin
ciple of the law, which is not to furnish profit to'the employee nor
177982°—21—Bull. 272------14

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to punish the employer who, though liable under the statute, may
not have been negligent (Fredenburg v. Empire United Railways
Co., 154 N. Y. Supp. 351).
TOTAL DISABILITY.

A number of States declare total disability as a presumed fact in
case of the loss of both eyes, both hands, both feet, a hand and
foot, etc. From one point of view it would appear to be one of the
simplest problems of workmen’s compensation to determine when an
employee is to be classed as totally disabled. In practice, however,
the question is complicated by reason of the terminology of the laws
and perhaps by the point of view of the administrative bodies as
well. The point is illustrated by the decision of the Supreme Court
of Kansas in Sauvain v. Battelle (164 Pac. 1086), in which it was
held that a workman customarily engaged at hard manual labor
prior to his injury and totally incapacitated for such labor by reason
of an industrial accident was entitled to compensation even though
he subsequently obtained employment at better wages than he had
earned before (Cf. New York Cases, p. 207). The Wisconsin
Supreme Court also was constrained to make an award as for total
incapacity in the case of a man who was only partially disabled for
employment in many occupations, but would never be able to follow
the employment in which he was engaged at the time of his injury
(Mellen Lumber Co. v. Industrial Commission, 142 N. W. 187). The
adoption of a schedule of maimings eliminated the difficulty which
was developed in this particular case; and it is evident that to
make an award as for permanent total disability in cases where
there is room for readjustment and rehabilitation does not accord
with the spirit of the compensation law. Still, the rights of the
injured man and the fact that he has suffered serious economic and
physical loss can not be overlooked in any settlement of this ques
tion.
A result of the form of the Michigan law was considered in a
case before the supreme court of the State (Foley v. Detroit United
Ry., 157 N. W. 45) in which an injured man suffering permanent
partial disability was earning more after the injury than before,
though disabled from work in his former employment. The law pro
vides for compensation for partial disability on the basis of the wage
loss suffered, but further provides that this shall be computed so that
it will “ fairly represent the proportionate extent of the impairment
of his earning capacity in the employment in which he was working
at the time of the accident;” and while the court recognized that the
law might work inequitably in its literal application, it was said that
this was for the legislature and not for the court, as the law was not
contradictory nor impossible as it stood, and an award as for partial
disability was approved.

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211

An award of compensation as fo$ permanent total disability,
due to injuries to both hands, was held reviewable by the Supreme
Court of New Jersey (Safety Insulated Wire & Cable Co. v. Court
of Common Pleas, 100 Atl. 846), where the injured man, after about
a year and a half, began to do light work, and subsequently secured
a position paying more than his wages at the time of injury. The
Supreme Court of Wisconsin, on the other hand, refused to hold up
a lump-sum award as for permanent total disability where a car
penter was partially paralyzed so as to be unable to do work re
quiring walking or stooping (McDonald v. Industrial Commission,
162 N. W. 345). The fact that he and his wife might be able to
conduct some small business successfully was said not to contradict
the finding, even though the law required “ other suitable employ
ment” than the vocation of the injured m.an to be considered. In
reaching this conclusion a Kansas case (Moore v. Peet Bros. Mfg.
Co., 162 Pac. 295) was referred to. In this case the injured man was
awarded full benefits, and was found to have opened a small business
in his home, from which he made profit. The court ruled that
these profits were not earnings under the law, and refused to disturb
the award.
The status of an employee who has previously lost an eye or a
hand raises the question of the degree of the award where the second
member is subsequently lost. The industrial accident commission
of California considered the question at length and reached the con
clusion that it would be an injustice to one-eyed workmen in the
State seeking employment to hold that there would be a liability
as for the loss of both eyes in case of the loss of the second eye, and
an award was made as for the loss of one eye. The industrial board
of Illinois made a similar ruling in a like case. The Supreme Court
of Massachusetts, on the other hand, held that a man with but one
eye “ had that degree of capacity which enabled him to do the work
for which he was hired,” and since the loss of the second eye termi
nates that capacity, it causes total disability, and he should be so
compensated (In re Branconnier, 223 Mass. 273, 111 N. E. 792).
The Supreme Court of Louisiana took a similar view, saying that a
“ workman is as totally disabled from work by the loss of one eye as
by the loss of two, if he has but one,” and should be compensated
as for total disability (Brooks v. Peerless Oil Co., 83 So. 663).
The Supreme Court of Illinois (Wabash R. Co. v. Industrial Com.,
121 N. E. 569), awarded compensation as for total disability where
a man with one arm lost a leg, citing the Massachusetts case as a
precedent. The Supreme Court of Rhode Island also followed the
Branconnier case in finding total disability to be the result of the
loss of a second eye (In re J. & P. Coats (R. I.), Inc., 103 Atl. 833).
As the law of this State gives additional benefits in the case of maim-

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ings, there was also an award for the specific loss of an eye, but
not of two.
On the contrary, the Supreme Court of Michigan (Weaver v. Max
well Motor Co., 152 N. W. 993) and that of Minnesota (State ex rel.
Garwin v. District Court of Cass County, 151 N. W. 910) sustained
the view enunciated by the California commission, the latter court
saying that “ If the injury would alone cause partial disability, but
with a previous injury causes total disability, the employer is liable
for a partial disability,” which conforms to the provision of the law
of that State. The compensation commissioner of West Virginia
adopted the position set forth by the Massachusetts court and made
an award for life payment in such a case as for permanent total disa
bility. The department of justice of Iowa ruled in favor of a middle
course, holding that a workman having but one eye and losing that
was entitled to more compensation than one with two good eyes,
but not as much as though he had lost both eyes in the single accident.
The Supreme Court of New York, appellate division, had before it
the question of the loss of the hand of a man who had suffered by a
previous maiming, and it also followed the doctrine of the Massa
chusetts Supremo Court, making an award as for total disability,
arguing that such a man was presumably paid on the basis of a re
duced earning capacity, and to allow merely as for the loss of but
one hand of an unmaimed man would be to place him at a double
disadvantage, so that he would practically get but half as much for
the second hand, which was of double importance, as for the first
(Schwab v. Emporium Forestry Co., 153 N. Y. Supp. 234). An
amendment of 1915 limits awards to the consequences of the imme
diate injury, without regard to combined effects.
In 1916 a further amendment provided for payments in addition
to the specific loss, such payments to be in compensation for the re
sultant total disability. The fund for this payment is to be sus
tained by payments in case of death where no beneficiary survives.
A provision comparable to this was embodied in the first Kentucky
statute, and was declared unconstitutional by the court of appeals
of the State, which was of the opinion that the legislature did not
have “ the right to take what is due the estate of one man and give
it to another” (Kentucky State Journal Co. v. Workmen’s Compen
sation Board, 170 S. W. 1166). The New York Court of Appeals
upheld the provision, however, saying that the creation and use of
the fund do not differ in principle from those of the State fund, and
are “ within the letter and spirit of the constitution (Industrial Com
mission v. Newman, 118 N. E. 794). It was also held that the pay
ment of $100 to an undertaker was not payment to a “ person enti
tled to compensation” so as to relieve from the contribution to the
special fund. The fact that the deceased workman received benefits

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213

for a time prior to his death is not a bar to the collection of this sum,
since he himself is not “ a person entitled to compensation ” in a “ case
of injury causing death” (Stempfler v. Rheinfrank & Co., 179 N. Y.
Supp. 659).
The creation of a fund derived from employers where the deceased
employee leaves no dependents, the money to be used merely as an
administrative fund, was held by the Supreme Court of New Jersey
to be beyond the power of the legislature, as it was a taxing law resting
on no proper basis of classification (Bryant v. Lindsay, 110 Atl. 823).
A case of temporary total disability, involving an award for the
entire loss of a previously mutilated but usabJe member, was passed
upon by the Pennsylvania board, the workman having lost in boy
hood four fingers at the knuckles and the thumb at the first joint.
However, he had acquired such skill as to be able to perform many
of the duties of a laborer with this hand until a second injury removed
the remainder of the thumb and the entire palm of the hand. It
was said that no award could be made for the loss of use of the hand
because he had had no hand to lose; but an award was made on the
basis of 50 per cent of the wage loss due to the injury for the period
of total disability, the award being subject to revision on the basis of
the wage loss remaining after the healing and adjustment period had
expired, subject to the statutory Jimitations (Wills case, 1918).
This is in contrast with the decision in the Purchase case, decided by
the Supreme Court of Michigan, where the loss of a defective eye
was compensated for as for the loss of an eye (see p. 134).
A different cause for total disability from any heretofore noted
was set up by the employer in a case before the Supreme Court of
Kansas (Ruth v. Witherspoon-Englar Co., 157 Pac. 403), where it
appeared that the state of total disability was due not to the original
injury as a proximate cause, but to the malpractice of the physician
who treated the case. The court held that recovery under the com
pensation law could be had only for the consequences of the accident
as such and not for the consequences of an intervening event, such cs
the failure of the physician to give the injured man proper treatment.
A decision of the lower court in favor of the claimant was therefore
reversed and a new trial ordered for a determination of the extent
of the disability actually due to the original injury. Action was
pending at the time to recover from the employer for the injuries
due to the malpractice of the physician, who had been furnished by
the employer in accordance with the requirements of the act.
Appropriate for consideration in this connection or in connection
with the cases in which preexisting conditions due to disease were
discussed are a few cases in which the injury affected aged em
ployees. In answering the contention that the injury disabling the
employee would not have had that effect but for his senility the in

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dustrial board of Illinois ruled that if the injured man was able to
do the work for which he had been employed, his disability was
chargeable to the accident and not to his physical condition, and
compensation was allowed. The Supreme Court of Massachusetts
took the same view, saying that the fact that a man’s powers are fail
ing and he would soon be unable to work on account of age was no
bar to compensation if the present incapacity was the result of in
juries (Duprey v. Maryland Casualty Co., 106 N. E. 686). The
court in this case also applied a principle already noted in ruling
the incapacity total, though the man was able to do certain kinds
of work which were not obtainable. A different view was taken
by the Supreme Court of New Jersey in the case of a man 73 years
old whose broken leg bones would not knit on account of his age and
who had been awarded compensation as for total disability. This
award the court reversed, allowing compensation only for the loss of
a leg (Bateman Mfg. Co. v. Smith, 89 Atl. 979).
Noted here because the same principle is applied, though involv
ing a death claim, is a case that was before the Supreme Court of
Wisconsin (City of Milwaukee v. Ritzow, 149 N. W. 480). The law
of Wisconsin provides for a scaling of permanent disability payments
to aged persons, 5 per cent being deducted if over 55, 10 per cent
if over 60, and 15 per cent if over 65 years of age. The deceased
was 80 years of age, and the full death award was allowed in his
case, the provision for scaling being held not to apply in case of
death, since the law does not specifically provide therefor, though
it was said that analogy would suggest it. It is of interest to note
that the award in this case provided an income, based on the assumed
earning capacity of the deceased, for a period of 320 weeks, i. e., in
excess of six years, while according to the American experience table
of mortality his life expectancy was but 4.4 years. In the New
Jersey case above, also, the award for disability as originally made
was for 400 weeks, which was in excess of the life expectancy of the
workman in that case, though unless the award should be construed
to be a vested right in the estate payments would of course terminate
with the death of the injured man unless it was found due to the
injury.
DEPENDENCE.

Other than as prescribed by the statutes themselves, questions of
dependence for purposes of compensation administration involve
identical principles with those elsewhere applicable. A somewhat
peculiar situation arose in a case passed upon by the Pennsylvania
compensation board where a woman had lived apart from her hus
band and was not dependent; but not having been legally separated
she was held by the board to be the widow of a deceased workman
in such a sense as to bar the claim of his dependent mother, the law

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allowing awards to dependent parents only “ if there be neither
widow, widower, nor children” (Zimmerman case, 1917).
The provision of law declaring that the status of dependents is
fixed as of the time of the injury giving rise to the claim was held
by the Supreme Court of Wisconsin to bar the claim of a widow
who had become the wife of an injured man subsequent to his injury;
moreover, the child who was legitimated by the marriage was de
nied benefits as not a potential dependent at the time of the injury,
all compensation going to the dependent father of the deceased
(Kuetbach v. Industrial Commission, 165 N. W. 302). On the other
hand, the Supreme Court of New York (Crockett v. International
Ry. Co., 162 N. Y. Supp. 357) held that, though the law of that
State makes a similar provision, this does not affect the status of a
widow, who is entitled to benefits as the “ surviving wife” of the
injured workman, without regard to actual dependency or the date
of the marriage.
The determination of benefits payable to survivors of deceased
employees was the subject of several cases arising under the New
Jersey statute, which in its original form did not make a clear pro
vision for the various classes of survivors. Thus in the case of a
dependent mother where the deceased employee left no widow (Blanz
v. Erie R. R., 85 Atl. 1030), it was held by a judge of the com
mon pleas that the failure to make a specific provision for a case
of this kind left applicable only that section of the law which allows
benefits in the amount of $200 in cases in which there are no dependents
surviving.
The mother appealed, and the supreme -court took the view that
the object of the law was clearly to award compensation to actual
dependents, and while it made no specific stipulation for a mother
alone, it contained no language expressly excluding her if there is no
widow, provided, of course, that she is an actual dependent. It fol
lows from the above that where dependence is actual and the law
clearly contemplates compensation to actual dependents, specific
statutory provision is not necessary. In another case before the
same court (Miller v. Public Service R. R. Co., 85 Atl. 1030) the
question arose under the law of New Jersey as to the amount payable
in a case where the decedent left a childless widow and a father,
brothers, and a sister. As already noted, the widow was entitled
under the law to a benefit of 25 per cent of her deceased husband’s
wages, while if there was also a dependent parent the compensation
would be 50 per cent. The court below made an award of 50 per
cent of the deceased workman’s wages on the ground that besides a
childless widow there was a father surviving. This ruling was held
by the Supreme Court of New Jersey to be erroneous, the mere fact
of relationship not being controlling, but a showing of actual
dependence.

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Another case before the Supreme Court of New Jersey (Batista v.
West Jersey & S. R. Co., 88 Atl. 954) resulted in reversing a judg
ment which awarded compensation to a widow who had been
abandoned some years before her husband’s death, the latter having
lived unlawfully with another woman whom he had supported and
who had borne him children.
The question of dependence was also involved in a case arising
under the Wisconsin statute (Northwestern Iron Co. v. Industrial
Commission of Wisconsin, 142 N. W. 271). In this case the benefi
ciary was a nonresident alien, widow of the deceased workman. The
deceased workman had made two remittances to his wife during the
time of his employment, at intervals of three months, having made
the statement that if he did not send money every three months his
wife could not make a living. On the facts the industrial commission
ruled that the husband and wife were living together within the
meaning of the statute, and that she was therefore an actual dependent
entitled to the benefits provided by the law for such persons. The
employing company appealed from this ruling and it was set aside
by the circuit court as being in excess of the powers of a commission
and contrary to the facts. The supreme court considered the lan
guage of the law which provides for a conclusive presumption of the
dependence of a wife upon a husband with whom she is living at
the time of his death. Speaking on this point, the court said:
Proof of total dependency is dispensed with under the statute where
the husband and wife are “ living together” at the time of the death
of the injured employee. It seems, therefore, quite obvious that the
legislature intended by the use of the words to include all cases where
there is no legal or actual severance of the marital relation, though
there may be physical separation of the parties by time and distance.
The “ living together” contemplated by the statute, we think, was
intended to cover cases where no break in the marriage relation
existed and therefore physical dwelling together is not necessary in
order to bring the parties within the words “ living together.”
The judgment of the circuit court was therefore reversed and the
award of the industrial commission directed affirmed.
The Minnesota statute presumes the dependency of the wife unless
shown to be voluntarily living apart from her husband at the time
of the injury. Separation for 12 years following an order to leave
and threats of shooting was held not to imply a voluntary living
apart, and the supreme court of the State affirmed an award in the
widow’s favor (State ex rel. London, etc., Indemnity Cp. v. Dist.
Court, 166 N. W. 772).
The Supreme Court of Massachusetts construed the law of that
State in a case in which a wife was living apart from her husband for
alleged justifiable cause, ruling that under the circumstances the
question of dependence would be subject to proof and not con-

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217

clusivelv presumed. It was said that such cause may not be sufficient
to warrant divorce, but it must be continuing, and if not in existence
at the time of the fatality it will not suffice even though once valid
(In re Newman, 111 N. E. 359). An award was refused in the case
of a nonresident wife to whom the deceased had sent $161 in the
course of eight years, there being insufficient evidence as to the wife's
circumstances and means of support. It was said that there must be
proof of actual dependence and a knowledge of the facts as to the
separation of the parties before an award can be made (In re Fierro,
111 N. E. 957). That the intent of the parties will be considered was
ruled by the accident board of this State in a case where a wife and
children had been left in Syria, but with the definite purpose in mind
of a future reunion of the family, an award for the wife’s total de
pendency being made. That such intention must be definite would
be concluded from the decision of the Supreme Court of Michigan in
a case (Finn v. Detroit, etc., Ry., 155 N. W. 721) in which a wife had
left her husband following some friction and resumed teaching,
contemplating a reunion as possible some time in the future, the
court holding that such indefinite prospect did not bring the case
within the act.
In the foregoing case, of course, the wife was earning, but that this
of itself would not be a bar to a claim was the ruling of the industrial
commissioner of Iowa in applying the law of that State to the case of
a claimant widow who was herself a wage earner. It is pointed out
that there must be a legal marriage and not a willful desertion without
fault of the husband, and that under the provisions of the act of the
State it is immaterial that she herself earns and was helping to sup
port herself at the time of the injury.
The Ohio commission awarded benefits in the case of a wife and
child deserted and left without support for several months through
no fault of her own; in the case of a bigamous wife, ignorant of the
fact of the first marriage of the deceased (lawful wife deserted for
18 years ruled not a dependent and was not a claimant); and in the
case of a common-law wife and child with whom the deceased had
lived and whom he supported. The West Virginia commissioner
struck a middle course in the case of a man who had deserted his
legal wife and had lived with another woman for 14 years, denying
compensation both to the deserted wife and to the common-law wife
making claim, but allowing compensation for the benefit of the three
young children of the latter. In another case the same law was
considered to warrant compensation to the children of the deceased,
the widow's claim being denied, where she had deserted her husband
two months prior to his death, taking her children with her, and going
to live with another man, who supported the family.

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Where the commissioner denied compensation to a nonresident
widow on the ground that dependency had not been proved, the
supreme court of the State reversed him on the widow’s testimony
that while able to aid herself in part, she was in greater part depend
ent on her husband for support (Poccardi v. Ott, 96 S. E. 790, Schipani case). Total dependency is not essential to support a claim, the
law providing for those dependent “ in whole or in part.” It was
said in another case (Poccardi v. Commissioner, 91 S. E. 663, Cucca
case) that it was not a question of being able by skimping to provide
the bare necessaries of life, but of reasonable support and maintenence,
taking into consideration the class and position of the claimant,
citing Dazy v. Apponaug Co., 36 R. I. 81, 89 Atl. 160. It was decided
in the Cucca case that the mere sending of occasional contributions
to the father and mother did not prove dependence upon the son.
The Massachusetts law declares a presumption in favor of the
dependence of the widow of a deceased workman and of “ a child or
children under the age of 18 years * * * upon the parent with
whom he is or they are living at the time of the death of such parent,
there being no surviving dependent parent. Under this provision
of the act it was held that a divided award to a widow and to a child
under 18 years of age residing with her was not in accordance with
the terms of the law, since the child would be a beneficiary only in
case there was no surviving dependent parent, the widow in the pres
ent instance being entitled to the entire amount of the benefits (In
re Employer’s Liability Assurance Corporation, 102 N. E. 697).
Another case under the law of Massachusetts (Coakley v. Coakley,
102 N. E. 930) involved the correlative rights of a dependent daughter
of a deceased workman and his widow and children by a second
marriage. It was held by the supreme court of the State that
the daughter was entirely orphaned and a dependent to share equally
with the widow, even though the latter had also dependent children
of the deceased dependent on her, the widow and the orphaned
daughter representing a case in which “ there is more than one
person wholly dependent,” between whom the law provides that
the death benefit should be equally divided.
The Illinois law of 1913 allowed benefits to certain relatives to
whose support the deceased had contributed within the four years
preceding the injury. This was held to cover the case of an adult
daughter who had been self-supporting, but whose father had aided
her during illness and an operation, and she had subsequently lived
with him for at least a part of the time (Mechanics’ Furniture Co. v.
Industrial Board, 117 N. E. 986). Awards were also sustained where
the deceased father had regularly contributed to the assistance of
two married daughters and their families, though they were not
dependent upon their father (Peabody Coal Co. v. Industrial Board,

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117 N. E. 983). The law was amended in 1917 so as to require actual
dependence or a legal obligation to support.
The dependence of children is usually restricted by a provision of
the law fixing an age limit, though physical or mental incapacity
frequently waives this limitation. The Massachusetts board had
before it a case in which the father and mother lived separately,
and an 18-year old daughter was unable to work. The mother made
a statement that she was not dependent, while the daughter had
made a claim on the ground of her total dependence, she having
been previously supported by the father, and having no other income.
An award was made exclusively for the daughter’s benefit on the
ground that she was wholly dependent. In a case before the supreme
court of this State (In re Herrick, 104 N. E. 432), an adult daughter
capable of self-support but living with and caring for her father,
both being supported by his earnings, was held a dependent.
An anomalous result follows from the wording of the Colorado law,
which stops the payment of awards to children on their reaching the
age of 18, unless mentally or physically incapacitated, but makes no
such restriction in the case of other minor beneficiaries. An award
to a minor sister of the deceased was held therefore not to terminate
on her reaching 18, as she was not a “ child” of his, though when the
beneficiary is the offspring of decedent, the limit would be effective
(Hasselman v. Travelers’ Ins. Co., 185 Pac. 343). Such a contra
diction is safeguarded in the Kansas statute, for instance, by making
the 18-year limitation effective in all cases of “ minor dependents.”
The industrial accident board of Massachusetts denied compensa
tion to an illegitimate child, not living with the deceased but
actually supported by him (Olson case, 1920). It was noted
illegitimate children had been allowed compensation under similar
laws, but on the ground that they were members of the employee’s
family, and the employee in this case was not the head of any family.
An insane woman supported entirely by the State for several years
was held not entitled to be considered as a beneficiary under the
Michigan law (Roberts v. Whaley, 158 N. W. 209), but the attorney
general of Minnesota held that a man confined in jail was neverthe
less entitled to compensation, and the department of labor of the
same State awarded compensation to a child in confinement in a
reformatory institution.
The question of dependence of parents on their children involves
no particular principle peculiar to compensation laws, but a few
rulings have been noted. In a case before the Supreme Court of New
Jersey (Reardon v. P. & R. R. Co., 88 Atl. 970), the employer con
tested an award under the law of the State for the death of an un
married workman. The court held, however, that since the father
had been dependent on his son’s earnings an award in his behalf was

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valid. A compensation commissioner of Connecticut awarded bene
fits to a nonresident alien mother in a case in which the son had been
in the habit, while in France, of giving his earnings to his parents,
and while in this country had given the money to his father for the
support of the family. The industrial accident board of Massachu
setts made an award on the claim of the mother where it was shown
that the son had contributed to the support of herself and a large
family, making contributions in an amount which was found to be
more than double the actual cost of the board received by him.
Where the father aiid son worked together, both losing their lives in
the same accident, and the son’s earnings had gone largely to the
family support, the mother was held to be a partial dependent of the
son. It was also held that the young man’s sister, though 19 years of
age and competent to make her own living, was in fact supported by
the family and was dependent so as to justify an award in her behalf
on account of her brother’s death. So, also, under the law of New
Jersey an award was made on behalf of a sister who received sub
stantial benefits from her adult brother’s earnings, which he had
turned over to the father, the question being one of dependence as a
fact, and not of minority or incapacity to work (Conners v. Electric
Co., 97 Atl. 792). Of course such a ruling depends on the terms of
the act.
The Supreme Court of Massachusetts made an award as for entire
dependency—i. e., based on the full wages of a minor son, where all
his earnings had been turned into the family fund, the father and
other children also working (In re Murphy, 105 N. E. 635). In
another case (Grove v. Royal Indemnity Co., I ll N. E. 702) this
court affirmed an award of the State board where a young man had
turned over part of his wages to his mother, receiving his board as a
member of the family, the father also working. The mother was
declared to be a dependent upon the son to the full amount of the
wages turned-over to her, without deducting therefrom the value of
the board received by him, the benefits under the compensation law
differing from the judgments allowed under Lord Campbell’s act,
in that it is not on the amount of injury done to the dependent,
but on the amount of the decedent’s wages that awards are to be
based.
In a third case (In re Murphy, 113 N. E. 283), the deceased work
man had lived with a dependent mother, who was an invalid, whose
sole support he was. A sister was the housekeeper for the family,
there being other members who were, however, self-supporting. Be
fore the final determination of the mother’s claim she died and an
administrator intervened and secured an award in behalf of the
next of kin of the deceased mother. The superior court affirmed
this award, but it was reversed by the supreme court on the ground

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221

that the mother was the sole next of kin dependent on the deceased
workman under the act, the family being not his but his mother’s
and the determination as to dependence being made necessarily at the
time of the injury. In a quite similar case an unmarried son as
sumed the care of his aged parents and invited his sister to become
the housekeeper of the family/ not on a w^age basis, but with a
promise of support. It was held that the sister was a dependent on
the brother, but since she had some property of her own the de
pendence was said to be partial only, and consideration was not to
be given to any sum that she might inherit from her brother (Ken
ney v. Boston, 111 N. E. 47).
Somewhat in contrast with the ruling in the Murphy case above is
the decision of the Supreme Court of Rhode Island in a case (Dazy
v. Apponaug Co. (36 R. J. 81; 89 Atl. 160), in which it appeared that
there was no actual dependence on a minor son who had turned in
his wages to his father, the facts being that without them the father
was able to support his family and put by savings. The only allow
ance made therefore was for last sickness and funeral expenses. A
lower court of Minnesota, on the other hand, declared the partial
dependency of a mother on her son where she was earning $60 per
month, and he had given her $97.50 monthly (Hayden v. Great
Northern Power Co.).
The position taken by the commission of Ohio, in a case where a
son contributed $7 or $8 per week to the family fund and lived as a
member of the family, the father earning $12.50 per week, was the
same as that taken by the Massachusetts commission above, holding
that the mother was entitled to an award as a partial dependent.
Where the deceased made no contributions and was under no legal
obligation to do so in the absence of court proceedings, the Supreme
Court of Michigan held that the mother was not a dependent (Pinel
v. Rapid Ry. System, 150 N. W. 897).
In the case of Boyd v. Pratt (130 Pac. 371) the construction of the
Washington statute as to the duration of benefit payments where
the deceased employee was a minor, on whose earnings his mother
was dependent, was the question before the court. The deceased
was 19 years of age, and on the occurrence of his death by accident
an order was made providing for payments to his dependent mother
until such time as he would have arrived at the age of 21 years.
From this order of the industrial insurance department an appeal
was taken to the court, where the order of the department was
reversed and a new order entered allowing monthly payments as long
as dependency should continue. The statute in question provides
that dependents shall receive during dependency 50 per cent of the
average monthly support received during the preceding 12 months,
but not in excess of $20 per month. It also provides that in the

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case of the death of unmarried minors their parents shall receive $20
per month for each month after the death until the time at which
the deceased would have arrived at the age of 21 years. The Su
preme Court of Washington construed the latter clause as being based
on the parents’ right to the earnings of a minor and not involving the
question of dependence. Where, however, there was actual depend
ence, as in the case in hand, the question of minority was not con
trolling, and the case would come under the general provision relat
ing to dependence. The judgment of the lower court was therefore
affirmed.
Going beyond the narrower bounds of relationship was a ruling of
the industrial commission of Ohio to the effect that an invalid
father and the stepmother and half brothers and sisters were wholly
dependent on the earnings of a 19-year old son of the father by a
prior marriage. So also in a case passed upon by the Wisconsin com
mission, where th^e employee had been reared by the claimants, but
was not their child nor had she been legally adopted. She had,
however, regularly turned over a part of her weekly wages for their
support, and they were held to be proportionately dependent. Ah
award was made accordingly.
The attorney general of Minnesota ruled on a case in which a child
by the first marriage of the deceased had not lived with the family
for the past five years though she had not been adopted by others
and might be returned any time. The fact of separate residence was
held not to bar her dependence under the act, since it was only neces
sary that she be unmarried and under 18, or incapable of self-support
over that age. The child was but 10 years old and compensation
was directed in her behalf. Quite similar to the Herrick case above
was a decision by the Supreme Court of Minnesota (State v. District
Court of Ramsey County, 158 N. W. 798), applying the law of Minne
sota as amended by chapter 209, acts of 1915. In this case a widowed
daughter was held to be partially dependent on her father where
she lived with him and derived part of her support from him, the
law providing for such an award without regard to age or inability
to earn.
The law of Pennsylvania provides for payments to the widow or
dependent widower alone, with additional sums where there is one
child, where two children, etc., the phraseology suggesting payments
to the head of the family only, if there be one. It was held by a
court of common pleas (Irvin v. William M. Frost & Co.) that children
are entitled to compensation in their own right no less when there is
a parent surviving than where there is none. In the case in hand a
posthumous child was held entitled to the award made in its behalf
by the State board.

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*

223

'BASIS OF AWARDS.

In practically every law compensation awards are based on the
amount of wages received. What shall be considered as the proper
wages or earnings comes up for decision in several cases for which
reports are available. In a California case passed upon by the State
commission the amount of tips or gratuities additional to the salary
was held not to be a part of the earnings on which compensation
could be based, the ground being taken that if that were allowed there
would be room for fraudulent claims. On the other hand, the in
dustrial accident board of Texas took as the basis of an award for
a porter in a hotel the amount of his income from tips, he being
entirely dependent upon this source of revenue. This accords also
with the decision of the industrial accident board of Massachusetts,
where tips to a waiter formed a part of his income, allowance being
made therefor as included in his regular earnings.
The Pennsylvania compensation board ruled that bonuses regu
larly paid as an inducement to steady work are to be considered as a
part of the wages and used as a basis on which percentage awards
are to be computed.
Another case before the California commission was that of a 7-day
employee, as to whom it was ruled that the general computation of a
6-day week would not apply, and the commission fixed upon 332
days as the average for a year's work as against 300 days allowed
for the 6-day worker.
The converse of the foregoing was passed upon by the New York
Court of Appeals, where a bricklayer had been given an award based
on 300 working days per year. This was reversed on a showing that
the average employment in the trade was 30 weeks annually, and an
award directed, based on the “ actual annual earning capacity"
(Littler v. Geo. A. Fuller Co., 119 N. E. 554).
Where the occupation in which the man is engaged at the time of
his injury differs from his usual occupation it was held by the com
missions of California and Connecticut that the award must be based
on the amount of the earnings in the occupation in which the man
was engaged at the time of the injury. In the California case a
lineman earning $4.50 per day was injured while in camp with the
National Guard, where he received 70 cents per day and board.
Compensation was awarded, not on the basis of his earnings as a
lineman, but the minimum rate fixed by law was allowed, his em
ployment being considered at the time as in the National Guard.
Somewhat similar was the question decided by the Supreme Court of
Wisconsin, involving the case of a citizen killed while obeying a
summons to aid an official in making an arrest. Compensation was
awarded not on the basis of his occupational earnings but on the

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

customary pay for police services in the locality (Village of West
Salem v. The Industrial Commission, 155 N. W. 929).
On the other hand, it was held by the industrial board of Massa
chusetts that where a man’s average wages were greater than those
ordinarily paid for work of the kind on which he was temporarily
employed at the time of his injury, the award should be based on
such average, the evidence being to the effect that the injured man
was competent to earn the higher rate of pay in work for the same
employer.
Where an employee is rendering part-time services for one em
ployer, with the privilege of serving other employers, the basis of
a compensation award will be the average weekly earnings which
he receives from all sources, and not merely the amount received
from the employer in whose service he is at the time of the injury
(Maryland Industrial Accident Commission).
The same principle was involved in a California case (Western
Meta] Supply Co. v. Pillsbury, 156 Pac. 491), where a night watch
man employed by several parties independently was killed by a
burglar on the premises of one, and his beneficiaries were held to be
entitled to an award based on his entire earnings but payable by the
person on whose premises he was at the time of the fatal injury
This differs in no respect from the question which was considered by.
the Supreme Judicial Court of Massachusetts in a case (Gillen v. Ocean
Accident & Guarantee Corporation, 102 N. E. 346), in which the claim
ant was a longshoreman employed by a company which was insured
with the insurance corporation named. His employment being irreg
ular, the question arose as to the amount of compensation payable
under the Massachusetts law, the basis provided by the statute being
the average weekly wages, for the determination of which various
methods are indicated. Owing to the circumstances of the company’s
business, Gillen while working for it received not more than $8
weekly, while with employments at other jobs his average earnings
were $13 per week, which was the average weekly wage earned by
other longshoremen in the same class of employment and in the same
district. Benefits payable being 50 per cent of the average wages,
the insurance company contended that they were liable only to the
amount of $4 per week, while the plaintiff Gillen claimed $6.50 per
week as being one-half his average weekly earnings as longshoreman
from all sources. The latter view was the one adopted by the lower
court and sustained by the supreme judicial court, this court holding
that the law does not restrict consideration of what constitutes
weekjy wages to a single employer, but takes into consideration
the custom of the employment and has regard for all the wages
which the employee received. It was held that this was a case
where the condition of the workman is one of continuous labor

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225

in regular employment with different employers. “ The loss of his
capacity to earn, as demonstrated by his conduct in such regular
employment, is the basis upon which his compensation should be
based.”
While this decision apparently works for liberality toward the
injured man, the opposite situation certainly works for hardship;
and this is the practical result of the findings in a case where a printer
was regularly employed for a 5§-day week at $28 per week. He
worked Saturday nights for another employer at $9.20 per night and
while so employed was fatally injured. Instead of finding that the
basis for awards was the total weekly wage, or even the regular
weekly wage, the Supreme Court of Massachusetts ruled that the
basis must be the wages earned in the employment where the injury
happens (King’s case, 125 N. E. 153). This was distinguished from
Gillen’s case, above, on the ground of the difference in the nature of
the employment, which brougnt the cases under different provisions
of the law. This rule was also applied to a shipyard worker, killed
while in an outside employment. He had been engaged by the
owner of a building to wax the floor, for which he was to receive a
dollar every two weeks. His widow was awarded the minimum bene
fit of $4 per week, the court ruling that his average wage was 50
cents per week, bis main employment not coming into consideration
(Marvin’s case, 125 N. E. 154).
Where a workman suffers an injury while receiving compensation
for partial disability incurred in a previous employment, and is
injured a second time, resulting in total disability, the Supreme
Court of Michigan ruled that the combined awards could.not exceed
the statutory maximum of $10 per week, this rule applying whether
there was one employer or several (O’Brien v. A. A. Albrecht Co.,
172 N. W. 601).
The inclusion of overtime earnings was passed upon by the com
missioner of labor of Minnesota and the industrial commission of
Ohio, both holding that such earnings should be considered as a part
of the total income on which awards should be based; so also, of the
inclusion of the value of board and room, as decided by the commis
sioner of labor of Minnesota.
There is a wide divergence of opinions expressed on the subject of
the anticipation of an increase in earnings of minors, the Supreme
Court of New York, appellate division, stating that the law of that
State provided for such anticipation, and where a boy of 16 was
then earning $5.50 per week, it was estimated that in two years he
would be earning $12 per week, and in five years from $12 to $18,
and an award made on this basis was affirmed (Kilberg v. Vitch,
156 N. Y. Supp. 971); on the other hand, the industrial accident
board of Vermont ruled that where a learner was injured the award
177982°—21—Bull. 272------15

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should be based on his earning capacity at the time, without taking
into consideration what he would earn with the increased pay that
continuance in his trade would bring.
The Massachusetts Supreme Court ruled that where a man's wage
loss for partial disability has been increased on account of business
depression, the award should be based on the earnings that would
have been possible for the injured man if business had continued as
at the time of the injury, and not on the wages he was actually able
to earn (In re Durney, 111 N. E. 166), the proper test being the
physical condition of the injured man and not the prevalent indus
trial conditions.
The computation of earnings for seasonal employments is regu
lated by the law of Pennsylvania by a provision that in such em
ployments the total earnings of the previous year, omitting overtime
pay, shall be divided by 50 to determine a week's average earnings;
while for regular employments the determination is arrived at by
multiplying the average daily earnings by 5J. A mining company
gave notice of its intention to pay compensation on the basis of a
seasonal occupation, which would effect quite a reduction in the
amounts payable; the compensation board of the State ruled against
the proposition, however, and declared the employment continuous
within the meaning of the act.
The Supreme Court of Iowa in passing on the question of the wage
basis in a case involving the earnings of miners, from whose gross
earnings deductions are made to pay the cost of powder and of
blacksmithing, held that these charges were not to be considered in
deciding the amount of weekly earnings as a basis for determining
the amount of compensation, but that the award should be made on
the amount earned without such deductions (Richards v. Central
Iowa Fuel Co., 159 N. W. 696).
SETTLEMENTS.

Various points are involved in the question of settlements and
vested rights, and also in the powers of the parties under the act to
conclude agreements. Under the last head may be noted the ruling
of the industrial commission of Ohio in a case in which a widow
made formal claim for compensation, and subsequently undertook to
withdraw the claim, alleging that the insurance company had paid
her the sum of $2,000 in full settlement. The commission insisted on
evidence in the case, and a ruling was made that proceedings brought
under the act can not be settled without the consent and approval
of the commission. The award finally made was for a sum practically
double the amount of the original settlement by the company.
The workmen's compensation board of Pennsylvania passed upon
a case in which the employer had continued to pay full wages by

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227

voluntary action on his part during the term of the disability of an
injured employee, the injured man subsequently claiming compensa
tion. The board ruled that in the absence of proof that the wages
had been paid in settlement of the employer’s obligation to pay com
pensation, they would be treated as a gratuity, and an award was
allowed the claimant within the terms of the act (Keyser case, 1917).
The Indiana statute specifically provides that payments made to an
injured employee, not due or payable under the act, may be taken
into account in making an award; so that an award deducting the
amount advanced by the employer was approved (Underhill v-. Cen
tral Hospital for the Insane, 117 N. E. 870).
The Ohio commission considered the status of a claim in which an
award was made, but at the time of the award the claimant had dis
appeared without giving information as to his whereabouts* He had
undertaken, however, to assign the anticipated award as payment
for a board bill; and though the assignment was made in writing
for this specific purpose, it was held that it was invalid, since com
pensation must be paid to the employee only.
Another case involving restricted application of compensation
settlements was passed upon by the California commission, in which
the employer sought to secure an order deducting a certain indebted
ness from the employee to himself from the award of the commis
sion; this the commission denied as being outside its powers.
The effect of a settlement under the Massachusetts statute where
the injured person was a minor was considered by the supreme court
of that State, the decision being reached that such settlement did not
bar the right of a parent to sue under the common law for the loss
of the minor’s services (King v. Viscoloid Co., 106 N. E. 988).
Whether or not compensation rights are vested so as to survive
death or a change of status of the beneficiary is a question that has
received conflicting answers from the authorities passing upon it.
Thus the Massachusetts board ruled that where an award for a
specified time was payable to a widow and her death occurred within
the period fixed, the estate had a vested interest, so that the remain
ing payments should be made to the administrator; and the remar
riage of a widow was held by the supreme court of the State not to
terminate payments under an award, dependence having been
determined as a status at the time of the injury, even though actually
relieved by the remarriage (Bott’s case, 119 N. E. 755). The Supreme
Court of Rhode Island ruled similarly (Newton v. Rhode Island
Co., 105 Atl. 363).
However, where a mother was the sole dependent at the time of
her son’s death an award in her behalf, made by a committee of
arbitration, could not be transferred by the board to her heirs in
event of her death during the proceedings (In re Murphy, 113 <

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UNITED STATES.

N. E. 283). It was said that the law of Massachusetts differed from
that of Ohio, under which an award to a sole dependent, once made,
was held to be h vested right and payable without regard to the sub
sequent death or other change of status of the beneficiary (see
State ex rel. Munding v. Industrial Commission, 111 N. E. 299).
A ruling of the Ohio commission also confirmed the right of a
widow, whose husband had died before an award was made for
an industrial injury, and from another cause than the injury, to
receive such disability payments as the injured man might have
received if an award had been agreed upon before his death; and it
would seem that equity would warrant a readjustment of benefits
in cases where a recipient died or from any cause ceased to be eligible
for further payments. Lump-sum payments once made have obvi
ously passed beyond the control of the payer, and to cut off con
tinuing payments, as was done in the Murphy case above, places a
premium on the lump-sum method of settlement, from the point
of view of the recipient. But this is not without its exceptions, as
appears from a ruling by the Supreme Court of Massachusetts that
such a settlement with full release is binding, even though unantici
pated blindness subsequently developed from the injury (In re
McCarthy, 115 N. E. 764).
The New Jersey law as originally enacted authorized payments to
an injured workman during disability but not beyond 400 weeks.
An amendment of 1913 provided that in case of the death of a per
son from any cause other than accident during the payments for
permanent injury surviving dependents should receive any unpaid
balance of the award within the term indicated. It was held (Erie
R. Co. v. Callaway, 102 Atl. 6) that an award under the unamended
law ceased with the death of the injured man, if from some other
cause than the injury, even though the death occurred after the
enactment of the amendment continuing unaccrued payments to
dependents.
A unique decision comes from a trial court in Pennsylvania, hold
ing that the employer is entitled to some protection where the widow
has secured a commutation to a lump sum and remarries after
receipt of the same. It is admitted that the law does not cover the
point, but relief is said to be a matter of right.
The Texas statute names the potential beneficiaries and provides
that they shall be entitled to compensation according to the laws of
the State governing descent and distribution. This is construed by
the industrial accident board of the State to warrant a readjustment
of benefits on the lapse of payments to any member of the group,
whether by death or otherwise; the survivors taking, however, not
as heirs of a deceased beneficiary but by their original right, which
was either reduced by a cobeneficiary in being at the time of the

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229-

earlier award or was entirely in abeyance on account of a superior
claimant. The effect of this construction is to continue the payment
of the full amount of 60 per cent of the wages as benefits so long as
any person of the designated class or classes, entitled thereto if
standing alone, is in being, up to the end of the term contemplated
by the act. However, the Court of Civil Appeals of Texas ruled
against the claim of a widow when she attempted to recover the
unpaid portion of an award to her husband on account of injuries,
his death occurring from other causes, while he was in receipt of
benefits (United States Fidelity & Guaranty v. Salser, 224 S. W., 557).
Under the law of Washington an injured man dying without
heirs after an award has been made but not paid leaves nothing to his ad
ministrator (Ray v. Industrial Insurance Commission, 168 Pac. 1121).
In a number of States provision is made for the cessation of pay
ments, either at once or with a commutation for a fixed period, in
case of the remarriage of a widow receiving benefits, while in others
the matter is left open. Under the Ohio law the industrial commis
sion ruled that benefits are a vested right after an award, and a
widow remarrying is entitled to their payment according to the origi
nal award, citing the Munding case above. The New Jersey Court
of Common Pleas, on the other hand, held that as the law is for the
benefit of dependents, payments would cease on the remarriage of a
widow, as it would be presumed that she was no longer a dependent,
and it was not fair to burden industry for the benefit of such persons.
When the question came to the supreme court of the State it ruled
that payments should continue as a vested right, having been awarded
for the period of 300 weeks without limitation (Hansen v. Brann &
Stewart Co., N. J. L. 444, 103 Atl. 696). The fact that'the law had
in the meantime been amended so as to establish a different rule
was held not to affect prior awards. A like position was taken on
the question by the Supreme Court of Illinois (Wangler B. & S.
Metal Works Co. v. Industrial Commission, 122 N. E. 366), though
in this case there had been no change in the law.
Under the law of Maryland, benefits to a widow cease on her re
marriage, other beneficiaries receiving benefits for eight years.
Under this provision, the accident commission of the State held that
the award to a sister became a vested right on its being made, so that
her marriage would not terminate it, a ruling which shows an obvious
inconsistency of legislation. The trial court to which the case was
taken ruled against the continuance of payments, but the court of
appeals of the State found nothing in the law that would warrant such
action and the right was held to survive (Adleman v. Ocean Ac.
& G. Corp., 101 Atl. 529).
The mutual exclusiveness of classes of awards was passed upon
by a compensation commissioner of Connecticut in a case in which

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the disabled workman received compensation during the period of his
incapacity, and on his subsequent death the claim was made that this
amount should.be deducted from the compensation awarded the
widow; this contention the commissioner rejected, saying that the
rights of the widow are separate and distinct from the rights of
the deceased, and the two forms of compensation should be kept
separate. This was the position taken by the Supreme Court of
Massachusetts in a like case (In re Nichols, 104 N. E. 566). So also
of a release by an injured man who subsequently died of the injury,
the Supreme Court of Wisconsin holding that this was no* bar to the
widow’s claim, which was an independent right, not in being during
her husband’s lifetime, and not capable of being affected by his acts,
and her claim was allowed accordingly (Milwaukee Coke & Gas
Co. v. Industrial Commission, 151 N. W. 245).
The law of Oklahoma applies to nonfatal injuries only, and where
an injured man had received an award and subsequently died as a
result of his injuries, it was held that payments under the award
terminated at his death, and any rights that his heirs or dependents
might have must be determined by suit under the laws governing
recovery on account of death (Lahoma Oil Co. v. Industrial Com
mission, 175 Pac. 836).
The law of Michigan is construed by a recent decision of the su
preme court of the State (Foley v. Detroit United Ry., -157 N. W.
45), in which it was held that an approval by the State board of an
agreement between employer and employee covering the period of
total incapacity was no bar to a reopening of the case to determine
what was a proper award for permanent partial incapacity, and the
release given %
by the injured man as a full discharge against the em
ployer, at the end of total disability payments, not having been ap
proved by the board, was no bar to the claim. Likewise the Supreme
Court of Minnesota refused to recognize a release procured by an
insurance company, without consideration, and without the approval
of the district court (Clarkson v. N. W. Consol. Milling Co., 175 N. W.
997). An award for temporary disability had been made in due
order in this case, and payments made, but disability recurred, and
the unapproved release was set up as a bar to further claim, but was
rejected by the court.
The industrial accident board of Michigan ruled that the employer
had no power to regulate the contract for burial expenses under
the provision of the law of that State, which limits such expenses
to $200 in cases in which the injured man left no dependents, the
board pointing out that he could not be required to pay more than
$200, but had no right to undertake the control of matters that
properly belonged to the next of kin or the relatives or friends.

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A very common provision of the laws arranges for the commutation
of payments to a lump sum. Under the Massachusetts statute it
was held that this matter rested with the parties affected, and in
the absence of a submitted agreement the court had no power to act,
though it might approve or reject any proposition made by the parties.
A case involving this question was before the Supreme Court of
Kansas (McCracken v. Missouri Valley Bridge & Iron Co., 150 Pac.
832). There had been an award for death, and the court took the
view that the insurer was seeking to prevent commutation and
continue periodical payments with the hope that the death of the
beneficiary would end the obligation before it was completely dis
charged. It was said that the insurer was not entitled to raise such
an objection, ruling that the mode of payment is in the discretion of
the trial court under the law of that State. The Supreme Court of
Michigan likewise ruled that lump-sum awards may be ordered
without the employer’s consent if the board decides that circum
stances warrant (McMullen v. Gavette Const. Co., 175 N. W. 120).
An award of a lump sum by the industrial board of Illinois was
overthrown by the supreme court of the State where it was not shown
that it would be for the best interests of the parties, the request
being supported only by a statement by the claimant’s attorneys
(Goelitz Co. v. Industrial Board, 115 N. E. 855).
The Texas statute authorizes lump-sum settlements in cases of
death or of total permanent disability, and the accident board of the
States rules that such settlements for temporary or partial disabilities
are null as outside the scope of the act.
The compensation commission of Pennsylvania took the view that
lump-sum payments should not be favored, refusing its sanction in
a case where a widow with children had secured the consent of her
former husband’s employer to pay in a lump the amount of $6,015
in settlement of an award, which sum she wished to invest. Install
ment payments as provided by the law were ordered, since “ it is well
to protect her against herself and an uncertain investment.”
The status of an award in case of bankruptcy was decided by a
Federal court (Wood v. Camden Works, 221 Fed. 1010), in a ruling
to the effect that compensation payments were a charge against
the operation of the business, to be paid the same as wages.
Insurance carried by an employer without cost to the workman,
payable only in the absence of a recovery of compensation or damages,
was held by the Supreme Court of Nebraska to be deductible from the
amount of compensation awarded when it had been paid before the
right to benefits had been determined (Am. Smelting & Refining
Co. v. Cassil, 175 N. W. 102).

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UNITED STATES.

MEDICAL TREATMENT.

The fact that an injured workman, claiming compensation on
account of his status as an element in the productive forces of society,
owes a reciprocal duty to make the most advantageous use of the
provisions afforded him would seem to be increasingly recognized.
A number of the laws direct compliance with reasonable medical
instructions, and provide for the suspension of compensation pay
ments during any period of refusal or neglect.
The refusal of an employee to undergo an operation for the removal
of a cataract caused by accidental injury was held by the Supreme
Court of Illinois to be so unreasonable, in view of medical experience
and testimony, as to warrant the withholding of an award while such
refusal continued, the court holding that the loss of sight was probably
due to such refusal and not to the accident; if the operation should
be a failure, the question of compensation for any existing disability
would then be open for a decision in the light of the facts (Joliet Motor
Co. v. Industrial Board, 280 III. 148, 117 N. E. 423). Similarly, the
industrial accident board of Massachusetts directed the discontinu
ance of compensation payments until a woman who had lost a hand
should agree to undertake to wear and accustom herself to the use
of an artificial hand furnished by the employer, which, it was expected,
would enable her to earn wages and so reduce the amount of com
pensation necessary, physicians having testified that the stump left
by the amputation was suitable for the use of such a hand (Wiaczkis
case, 1917). The Superior Court of Rhode Island also refused to
allow a claim for permanent total disability where the sensitiveness
of an injured finger could probably be remedied by the simple opera
tion of removing a portion of the bone to secure a better flap to cover
the end, and ordered compensation to cease after six weeks unless
an operation was submitted to.
The constitutionality of the provision requiring submission to
medical examinations was upheld by the Texas Court of Civil Appeals
(Texas Employers' Ins. Assn. v. Downing, 218 S. W. 112), citing a
decision of the Supreme Court of the United States sustaining the
validity of an act of the New Jersey Legislature (1896) authorizing
such examinations in cases of suits for damages (Camden & Sub
urban R. Co. v. Stetson, 177 U. S. 172, 20 Sup. Ct. 617). No inherent
right to order such examinations exists under the common law,
however (Union Pac. Ry. v. Botsford, 141 U. S. 250, 11 Sup. Ct.
1000).
Where the employee refuses to accept or act on the advice of the
physician the question of actual or estimated consequences comes
up for consideration. Thus where the neglect of a fracture led to
infection and amputation the commission of California reckoned
that recovery would have taken place in five weeks with proper

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233

care and allowed compensation only for a temporary total disability
for that period and nothing for the loss of* the limb. The ruling in
another case was that the commission may bar absolutely all claims
for compensation for the remaining disability if .a probably advan
tageous operation of comparative^ inconsiderable risk is refused;
while in a third case payments were suspended until the injured
naan should consent to undergo a minor operation which medical
testimony indicated to be necessary to a recovery of the use of the
injured member.
Such, also, was the position of a commissioner of Connecticut in a
case where an operation was indicated for the recovery of the use
of a fractured limb; but where the testimony was only as to a possible
benefit and the injured man declined, it was hdd that he would
not be penalized for the refusal. So also in a case that was before
the Supreme Court of Massachusetts, an operation was not required
where the evidence of prospective benefit was said to be too slight
to warrant an insistence thereon (Floccher v. Fidelity & Deposit
Co., 108 N. E. 1032). Serious danger attendant on the operation
was held to be ground for a refusal to undergo it, especially as the
result might not be of curative effect in the case in hand (accident
board of Massachusetts); though in a case where there was no such
risk the man was required to decide within a period of six days
what course he would pursue, at the end of which time, if refusal
persisted, compensation would be suspended during its continuance.
The industrial commission of Oklahoma also ruled that refusal to
observe instructions, leading to the prolongation of disability, did
not afford a basis for the extension of the compensation period; and
in a case before the industrial commission of Wisconsin the refusal
of an injured man to accept the advice of both his employer’s and
his own physician, causing, as was alleged, a prolongation of the
term of incapacity, was held to warrant the rejection of his claim
for such excess of time.
The attitude of the Supreme Court of New Jersey differed from the
foregoing (Feldman v. Braunstein, 87 N. J. L. 20, 93 Atl. 679). An
injury to the eye was found to be permanent, causing a 90 per cent
disability, unless an operation was performed, when the injury
would be only temporary. The court ruled that the proper award
would be the schedule rating of 100 weeks’ benefits, as for the loss
of an eye; but if a successful operation was had within the 100
weeks a modification of the decree might be secured, reducing the
period of compensation. Likewise, when a claimant declined to
submit to an operation for hernia, it was held that he should not be
deprived of his award, where it was in evidence that, of 230,000
operations, 48 had been unsuccessful or resulted in death. It was
held that the injured man was not required to take even this slight

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risk of an operation classed as major, and that the award should be
for permanent disability, With leave to modify in case of a successful
operation, and not for six months and then to terminate unless
there was an operation that proved unsuccessful (McNally v.
Hudson, etc., R. Co., 87 N. J. L. 455, 95 Atl. 122).
The effect of deferring consent to a serious surgical operation was
before the Supreme Court of Michigan in Jendrus v. Detroit Steel
Products Co. (144 N. W. 563), the physician employed in the case
having urged an immediate operation as offering the only oppor
tunity for saving the injured man’s life. Assent was refused, but
given the next day. The injury was to the intestines, and perito
nitis had set in at the time the advice to operate was first given.
Vomiting followed, becoming fecal in its nature. Pneumonia next
developed, caused, as claimed by all the surgeons who testified,
by the entrance into the lungs of this fecal matter. The operation
was apparently followed by a measure of favorable results, but
death ensued in a few days, chiefly due to the pneumonia. Under
these circumstances the employer contended that the action of
the injured man in delaying the operation was so unreasonable
and persistent as to defeat the claim to compensation made by his
widow. In affirming an award of the arbitration committee, ap
proved by the industrial accident board, the court took into consider
ation the fact that the injured man was a foreigner, little able to
understand what was being said, in great pain, and unacquainted
with his surroundings, and decided that it could not be held, as a
matter of law, either that the conduct of Jendrus was so unreason
able and persistent as to defeat the claim for compensation by his
widow, or that in his delay in assenting to the operation he was
guilty of .intentional and willful misconduct. When, however, a
simple operation (loosening the tissue on an injured leg), Involving
little danger or suffering, is reasonably likely to relieve or terminate
the disability, refusal to submit thereto will warrant a suspension of
compensation payments (Kricinovitch v. American Car & Foundry
Co., 192-Mich., 387, 159 N. W. 302); and this doctrine was carried
so far as to withold benefits unless an operation for hernia be resorted
to, requiring the use of a general or local anesthetic, where the
physicians representing both parties agreed that an operation was
advisable (O’Brien v. A. A. Albrecht Co., 172 N. W. 601).
The Supreme Court of Wisconsin makes a lucid statement of the
principles involved in its discussion of a case in which it was found
by the State commission on the testimony of three physicians and
surgeons that disability subsequent to a date fixed “ resulted directly
from the injured man’s willful refusal to submit himself to safe and
simple medical treatment,” and rejected his application for perma
nent disability benefits. The court sustained this view, saying that

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235

“ where the disability is so related to the accident that it is the natural
consequence thereof, then compensation should be awarded” ; but
holding further when there is an unreasonable refusal to accept a
safe and simple operation, fairly certain to remove the difficulty, sub
sequent disability “ is not proximately caused by the accident, but is
the direct result of such unreasonable refusal.” The duty of society
to carry the burden of a man in such a case was emphatically denied,
the court saying that to prolong or probably even increase his dis
ability by such refusal, “ and thereby cast the burden of his wrongful
act upon society in general, is not only repugnant to all principles of
law, but is abhorrent to that sense of justice common to all man
kind” (Lesh v. Illinois Steel Co., 157 N. W. 539). It was pointed
out that no question of compelling the man to submit to an operation
was involved, but only his status as a claimant under the law.
The appellate court of Indiana refused to bar a claim for a serious
disability resulting from the claimant s insistence that a finger be
not amputated until further efforts to save it, with the result of a
spread of infection and an increased disability, such insistence being
declared not unreasonable or willful misconduct (Enterprise Fence &
Foundry Co. v. Majors, 121 N. E. 6).
What constitutes a sufficient compliance with the law requiring med
ical treatment to be furnished was considered by the California com
mission in a ruling that set forth that (1) the physician most quickly
obtainable should be summoned; (2) -the employer should furnish
instruction as to further treatment; (3) if insured, the insurer should
furnish the employer with definite instructions to be followed in case
of accident. It was also said that the commission will not favor the
policy of procuring the cheapest physician. A request by the em
ployee is not required, as the duty of an active compliance with the
law rests upon the employer; if he has knowledge of an injury and a
reasonable opportunity to furnish the needed service, that is sufficient
to charge him with the reasonable expense of any service obtained by
the employee in default of the employer’s action. Where, however,
the employee has secured emergency treatment, and the employer
afterwards offers the services of his physician, they must be accepted,
as a general proposition, and subsequent services rendered by the
employee’s physician will be at his risk and cost; but if there has been
a capital operation, the physician originally taking charge will not
be dismissed unless shown to be wholly unfit to continue the treat
ment.
In a case in which there was a wrong diagnosis of an injury, this
commission ruled that the mistaken advice of the employer’s physi
cian could not be used to deprive the injured man of his rights, but
was rather an injury to the employer himself. However, where the
wrong diagnosis was not corrected until after the expiration of the

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WORKMEN ’S COMPENSATION LAW S OF THE UNITED STATES.

90 days during which medical aid was to be furnished, it was held
too late to require such treatment, though disability payments must
be made; but if the employer tender the necessary treatment, the
employee must accept it or forfeit such payments. Where a man
suffered from a hernia and chose to take a truss, not desiring an op
eration at the time for family reasons, he asked to have an award
in order to hold the case open for future review. This the commis
sion declined to do, as there had not been a disability of 14 days’
duration. It ruled, however, that as hernia was a permanent dis
ability, an award would be considered on that basis unless an opera
tion was tendered, together with temporary disability payments for
the time required for recovery therefrom, saying that a cure offers
the best service to the community, and accords with the purpose of
the law. The discontinuance of medical service was held not to be
warranted by the disobedience of hospital rules by an injured man
who absented himself without permission and drank several glasses
of beer during his absence.
An opinion by the Supreme Court of Massachusetts declares that
the mere posting of lists of physicians to whom injured men may
go is not a compliance with the requirement to furnish treatment,
and in the absence of positive instructions as to the proper course to
be taken, the employee may select his physician, and the board will
have jurisdiction of the question of the employee’s right to recover
the costs of the treatment (In re Panasuk, 105 N. E. 368). In a
case in which the injured man had been furnished a physician, but
called in his own doctor on account of pain during the first night,
and continued to have him, the accident board of the State allowed
the payment of a fee for the call for relief during the first night, but
held that as the employer had furnished a physician, resort should
have been had to him for subsequent treatment, and bills therefor were
disallowed; and so generally where the employer is prompt to make
provision of medical treatment, it can not be rejected unless for suffi
cient cause shown, except at the employee’s own cost. Therefore,
while there is an evident movement toward allowing the injured
workman a measure of freedom in the selection of his physician,
the arrangement for the treatment must be made in conformity with
the law, which, while it makes the employer responsible therefor,
does not provide for independent action on the part of the em
ployee in this respect. Thus it w^as held that although the New
York law authorizes and requires the employer to furnish medical
aid as required or demanded, it does not permit the recovery of
medical costs in a separate suit at law, the industrial commission
having the duty to make awards in this field and passing upon all
fees and charges (Semmen v. Butterick Publishing Co., 166 N. Y.
Supp. 993); nor can the employee assign a claim for services to his

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237

physician, the law giving the physician no recourse in his own
right or by assignment that will permit him to sue the employer for
his fees (Bloom v. Jaffe, 157 N. Y. Supp. 926).
The law of Kansas was construed by the attorney general of the
State to authorize an injured man to employ his own physician and
send the bill to his employer, restricted, of course, by the statutory
limitations as to amount and period.
The question of the expense of medical and surgical services was
involved in the case of City of Milwaukee v. Miller (144 N. W. 188),
in which the Supreme Court of Wisconsin disallowed a claim for
services rendered by a physician employed by the claimant, Miller,
who gave no notice to the city of his desire for medical attendance,
and continued the employment of his physician after the city had
voluntarily offered the services of a competent physician. The
time during which the claimant could properly employ a physician
was held to be limited to such reasonable time as necessarily inter
vened between his injury and reasonable opportunity, after due
notice, for the city to exercise its privilege of furnishing a physician.
The injury was a comparatively slight one, and the industrial com
mission had regarded the charges as quite large, but accepted the
attending physician's evidence as controlling in the matter, on
account of his greater experience as compared with that of the city's
physician, who had testified that practically one-fourth the amount
of the claim would have been adequate as the cost of medical attend
ance. As to balancing the evidence in such a case the court said
that where there were great doubts as to the amount, and the truth
of the matter rested solely on the word of the interested party,
opposed by the evidence of a competent witness who had little or
no interest in the result, there should be much hesitation and gener
ally a refusal to decide the matter wholly against the defendant;
adding that one who, by reason of special knowledge, might b0
competent to give opinion evidence might deal in such exaggerations,
especially when they favor his selfish interests, as in this case, as
to render his evidence of little or no value. It was also said that it
did not devolve upon the city to exercise active vigilance to discover
the necessities of injured employees, since the language, “ neglect
or refusal seasonably to do so," was held to necessarily imply that
reasonable notice should be given of the employee's needs and of
his desire for treatment.
It was held, therefore, that the act did not authorize the payment
of medical and surgical costs incurred under the circumstances, and
the compensation awarded was confirmed only as to the actual com
pensation benefits approved by the industrial commission plus the
cost of bandages and supplies.

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

To the same effect was a decision of the Supreme Court of New
York, appellate division, holding that where suitable provision of
medical service is made by the employer, the employee can not refuse
the same and claim payment for a physician of his own choosing
(Keigher v. General Electric Co., 158 N. Y. Supp. 939).
The Indiana statute provides for medical, etc., services for 30 days
immediately following the injury. The appellate court of the State
held that where the disability developed sometime after the acci
dent causing it, the date of the beginning of the disability should
be taken as the date for the computation of the period of treatment
(In re McCaSkey, 117 N. E. 268). This also is the position taken
by a Connecticut commissioner. However, the Supreme Court of
Michigan held (Cooke v. Holland Furnace Co., 166 N. W. 1013)
that though the words “ accident” and “ injury” are not s3rnonymous they are concurrent in point of time; so that though a dis
ability accruing after the expiration of the period for medical
treatment was clearly due to the accident it was entitled to no
such treatment; nor could an award be extended beyond the statu
tory period, even though it appears that the legal provision as to
furnishing treatment was not fully complied with, the board having
no power to assess any form of damages but only to administer the
act according to its terms (McMullen v. Gavette Construction Co.,
166 N. W. 1019). This agrees with the position taken by the
Supreme Court of Maine, the injury being held to be contemporaneous
with the accident, even if not immediately developing (In re McKenna,
103 Atl. 69).
Another Indiana case involved an additional factor, immediate
medical treatment being afforded, but after a lapse of seven months
new disability developed from the injury. However, the appellate
court held that inasmuch as service had been rendered within the
period fixed from the receipt of the injury, the new disability could
not be treated under the act (Schumaker Co. v. Kendrew, 120 N. E.
722). This case was differentiated from the McCaskey case, in
which no disability was immediately developed. The payment for
medical services in excess of the statutory 30 days was held to be
a proper charge against the insurer where the employer furnished
the same in order to save the life of the injured man (In re Kelley,
116 N. E. 306). The law permits the employer to furnish additional
attendance at his option, and the court pointed out that this might
be to the advantage of the employer and the insurer no less than of
the injured employee.
Some cases in hand involve the question of the status of the physi
cian himself. Thus an employer in Connecticut disputed a fee on the
ground that the services were rendered by a “ bonesetter,” and not
by a regularly qualified physician. A commissioner of the State dis

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239

allowed the contention on the ground that the services had been ren
dered at the desire of both parties, with a knowledge of his status,
so that any complaint on that point was of no avail. The industrial
commission of Ohio, on the other hand, refused any payment to a
“ bonesetter,” on the ground that the law of that State contemplated
payments on this account only to persons who have been regularly
admitted to practice medicine. Similarly, the Iowa commission ruled
that an osteopath does not furnish “ medical or surgical service”
within the meaning of the act of that State.
The Supreme Court of Wisconsin ruled that an employer was
liable for the malpractice of a physician furnished by him during
the period of service required by law (Pawlak v. Hayes, 156 N. W.
464); while that of Minnesota held that there was no other duty
owed by an employer who collected hospital money than to select a
competent physician. However, the release to him on settlement for
compensation was declared not a bar to an action against the physi
cian for malpractice (Viita v. Dolan, 155 N. W. 1077).
The Pennsylvania statute requires the employer to furnish medical
and hospital services during the first 14 days of disability of the
injured employee, and also that, in case of death, expenses of last
sickness and of burial be met by the employer, the amount not to
exceed $100, this sum to be in addition to any benefits payable to
the dependents of the deceased. The compensation board of the
State held that where payments had been made for medical services
during the 14 days succeeding the injury, and death occurred after
the expiration of this period, the employer is authorized to deduct
the value of the amount so paid from the sum payable as expenses
of last sickness and burial.
Nursing is, of course, a part of the provision to be made by the
employer in cases requiring the same, and a Connecticut commis
sioner allowed a man’s wife $10 per week for nursing him, estimating
this sum to be the cost of nursing in a semiprivate ward in a hos
pital. The California commission, on the other hand, refused to
make allowances for home nursing, on the presumption that the
family would render such services without cost, qualifying the rule
in another case by saying that allowance would not be made for
nursing by members of the family not professional nurses. The
Ohio commission also refused to make allowance for nursing by
members of the family where no loss of time or wages is involved,
as did the Supreme Court of Wisconsin, where a niece voluntarily
nursed an injured man and a claim for nursing was afterwards
made (City of Milwaukee v. Miller, supra).
Paying for home nursing was considered also by the industrial
commission of Utah, the claim for services rendered being allowed
the wife of an injured man in a case recognized as a “ hospital case”

240.

W O R K M E N ’S COMPENSATION LAWS OF THE UNITED STATES.

on the testimony of the physician in charge, where it appeared that
the wife was competent and actually rendered the services for which
payment was claimed (Fowler case). It was said that if the em
ployer objected he should see that such cases are cared for at a
hospital.
The matter of fees was involved in the Ohio case last noted, and
the ruling was representative of others that have been made by
other authorities, taking the ground that there will be a scrutiny
of bills submitted, since there is a real discretion in the commission
in this matter, and it is not obligated to honor all claims presented,
and will only allow rates ordinarily charged for such services in
the locality for persons of the station of the persons treated—not of
the employer nor of those having the financial resources of the in
surer. (See also the case of City of Milwaukee v. Miller, p. 239.)
The Texas board considered railroad fare in transporting an
injured employee to a hospital for treatment as a proper charge on
account of medical aid, etc., if expended during the statutory first
week following the injury.
Bills for dental services are allowed under rulings of the accident
board of Massachusetts and the labor commissioner of Minnesota.
The attorney general of Iowa said that no disability payments as such
would be allowed for injury to the teeth, but that dental work might
properly be allowed for under the head of surgical and medical
attention. The public service commission of West Virginia refused
to allow for gold crowns made necessary by the breaking of two
teeth in an accident, holding that the act does not provide for the
payment of dental bills.
A question involving fees in another field was passed upon by
the commission of the State of New York when it declined to con
sider any agreement for fees for legal services in advance of the
rendering of the services, saying that in all cases claims will be
considered solely with reference to the actual service rendered, upon
a statement submitted to the commission upon the conclusion of the
service.
Some laws specify the supply of artificial limbs, appliances, etc.,
where of course there is no occasion for construing the law. The
Connecticut law calls for such medical and surgical aid as the physi
cian or surgeon shall deem reasonable or necessary, and this was con
strued by the supreme court of the State to warrant the furnishing of
artificial members (Olmstead v. Lamphier, 104 Atl. 488). Doubtless
going beyond the law, or at least not provided for by it, was a case
approved by a Minnesota judge, where an insurance company settled
with an employee whose artificial leg was broken in an accident, by
paying for loss of time until a new member could be procured.

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241

ELECTION.

As already noted, election, either passive or active, is required
by the laws of a number of States to bring parties within the pro
visions of the acts. In a Connecticut case it appeared that as
employer had mailed a notice, on the prescribed blank, electing
not to accept the terms of the law of the State. This was sent
by ordinary mail, not by registered mail or served in person, as
prescribed by the act. The claimant received the notice and read
it, but did not preserve it. It was held by a commissioner of com
pensation that his claim to compensation was barred, as he was
said to have sufficient notice of the employer’s rejection; he was
accordingly remitted to his rights, if any, in a suit at law. In a case
in which the employer contested a claim on the ground that, though
he had elected to accept the act, he had not taken the required steps
to prove his ability to make compensation payments, the supreme
court of this State held that such failure on the part of the employer
to comply with the provisions of the act would not deprive the
employee relying upon the law of his rights under it (Bayon v.
Buckley, 93 Atl. 139). The Supreme Court of Iowa, on the other
hand, held the employer liable in a suit for damages where he had
failed to procure insurance of his liabilities under the compensation
act, the law stating that such failure is to be construed as a rejection
of the compensation system (Elks v. Conn, 172 N. W. 173).
The Supreme Court of Kansas held that the employer defending
against a claim could not require the claimant to offer proof of the
employer’s acceptance or rejection of the act; but if he wished to make
his alleged rejection a defense he himself should be required to prove
it (Gorrell v. Battelle, 144 Pac. 244).
In a case arising under the Wisconsin statute it appeared that the
employer had elected to accept the act, while the employee rejected it
but subsequently made claim for compensation, which was denied.
He then brought suit and recovered damages at law. But on appeal
the supreme court reversed the decision of the trial court, since the
employer having elected was entitled to all the common-law defenses
and the injury was not shown to have been due to the negligence of
the employer, while the employee had assumed the risks (Karny v.
N. W. Malleable Iron Co., 151 N. W. 786). Another provision of this
act allows employees 30 days within which to make their decision
following the employer’s election to accept the act. It was held by
the supreme court (Green v. Appleton Woolen Mills, 155 N. W. 958)
that an injury to the employee before the expiration of his 30 days'
option is not compensable, but must be passed upon in accordance
with the provisions of the liability laws of the State, since, unless
the employee has taken action, he may reject within the time fixed.
177982°—21—Bull. 272------16

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W O R K M E N ’ S COMPENSATION LAW S OF TH E UNITED STATES.
EXCLUSIVENESS OF REMEDY.

While most of the States provide for the voluntary acceptance of
the laws before they are binding, after which it is generally held
that suits can not be brought, the law of Washington is explicit in
declaring the abrogation of all suits for injuries of employees. This
provision was held to reach so far as to bar an action by a brewery
employee who was injured by the negligence of a railway company
moving cars in the yard of the brewery, so that even the liability of
the third person who caused the injury could not be made the basis
of an action by the injured workman (Northern Pacific Ry. Co. v.
Meese, 36: Sup. Ct. 223). A Federal court (district) ruled that an
action for wrongful death would He where it was caused by a third
party, away from the plant of the employer, if the dependent should
elect to sue instead of proceeding under the compensation act
(Martin v. Matson Navigation Co., 244 Fed. 976). The supreme
court of the State also construed the statute to cover incidental suits,
as well as those arising directly from the injury, as where an injured
man who had received compensation under the act undertook to sue
for the malpractice of the physician engaged by the employer but
paid by deductions from the employee’s wages, such suit not being
allowed (Ross v. Construction Co., 155 Pac. 153).
In another case arising in the same State (Peet v. Mills, 136 Pac.
685), a railway employee sought to hold the president of a railway
company personally liable for his injuries, claiming that, though
actions against the employing company were abrogated, the presi
dent could be sued on an individual liability. This the court denied,
emphasizing its ruling as to the constitutionality of the law given in
the case, State v. Clausen (65 Wash. 156 117 Pac. 1101) and declaring
the new remedy to be exclusive. A provision of the same statute
permitting employees to sue an employer who is delinquent in
premium payments was held not to warrant such a suit where the
delinquent employer makes good his shortage within the period
allowed by the rules of the State insurance commission for such pay
ments after notice of delinquency (Barrett v. Grays Harbor Commer
cial Co., 209 Fed. 95).
If the law of Washington is thus exclusive and other remedies are
not available, it may be noted as a complementary fact that it is of
broad application, the supreme court of the State calling it a provi
sion for a kind of pension given the workman in exchange for
absolute insurance on his master’s premises (Stertz v. Industrial
Insurance Commission, 158 Pac. 256), thus covering injuries not
classed in other jurisdications as within the scope of acts containing
more restrictive terms.
The Supreme Court of New York in special term denied the right
of a plaintiff to sue for damages for pain and disfigurement, after

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243

having received compensation under the act of the State providing
therefor, holding the remedy offered by the statute to be complete
and exclusive and enacted with a view to afford certain relief and
obviate litigation (Connqrs v. Semet-Solvay Co., 159 N. Y. Supp. 431).
A similar view of this point was taken by the Supreme Court of
Oklahoma in a case in which there was serious disfigurement as well as
permanent total disability for the regular employment of the injured
man. The claim for additional damages for the disfigurement was
met by the court’s remark that the law was meant to be exclusive in
cases of injury in employment, not dividing up injuries and forms of
relief, but abolishing the right of action in the courts (Adams v, Iten
Biscuit Co., 162 Pac. 938). Where the disability caused is secondary
and the disfigurement much the larger factor, the Louisiana compen
sation law was held not to be the proper means of redress, but a suit
for damages (Boyer v. Crescent Paper Box Factory, 78 So. 596).
But the law of this State was held to be exclusive over the contention
of a widow that she was in no contractual relationship with the em
ployer of her husband, and was therefore not bound by the latter’s
election (Colorado v. Iron Works, 83 So. 381).
Election is presumed under the law of Nebraska, and where an
employer was sued for damages and answered that he was operating
under the compensation act, the jury was discharged, and the court
proceeded to make an award of compensation, from which it deducted
the costs to which the employer had been put by the unwarranted
bringing of the suit by the employee (Beideck v. Acme Amusement
Co., 166 N. W. 193).
The constitution of Arizona requires the enactment of a compulsory
compensation statute, retaining, however, to the employee the option
of suing under the liability law or choosing his right under the com
pensation statute. The supreme court of the State held (Consol.
Arizona Smelting Co. v. Ujack, 139 Pac. 465) that this election may
be made after the injury has been received, and the remedy becomes
exclusive only by the institution of an action in the chosen form. This
option is held to extend only to the employee, however, the personal
representative in the case of death having only the right to sue
(Behringer v. Copper Co., 149 Pac. 1065).
This is in contrast with the situation in New York, where the court
of appeals holds (Shanahan v. Monarch Engineering Co., 219 N. Y
469, 114 N. E. 795) that the law takes away the right of the next of
kin of a deceased workman to sue under the former statute allowing
suits for damages on fatal cases, the compensation law being held to
cover the entire field of remedy for the death of an employee. There
were no dependents in the case in hand. In so holding, this court
reversed the supreme court, special term (92 Misc. 466), and appellate
division (172 App. Div. 221), both of which had held that the law

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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 .

fixed the rights of certain classes of persons only, leaving the rights of
others as they were before its enactment. An amendment of 1916.
declared the contrary, and the court of appeals likewise took the
view above set forth.
Under the laws of most of the States election is made at the time
the contract is entered into either actively or passively, and such
election is binding until other action is taken disavowing the same.
The supreme court of Kansas held that under its law the remedy
by compensation is exclusive, and if one desires to retain the right
to sue for damages he must reject the compensation law in advance
(Shade v. Ash Grove Lime, etc., Co., 144 Pac. 249). So also the
supreme court of Rhode Island held that an employee making a
contract in the State of Massachusetts and accepting the compen
sation law of that State extinguishes his right to sue for damages
at common law in that State, and, having lost that right, he can not
sue at common law in any other State in which he may reside (Pendar
v. H. B. Am. Mach. Co., 87 Atl. 1). Applying the same principle of
the control of local law, it was held by the Washington supreme court
that its statute, though exclusive where applicable, as already noted,
does not bar suits for damages in that State where the cause of action
arose in a State permitting such suits, the law of the locality being
enforceable in whatever jurisdiction it might be brought (Reynolds
v. Day, 140 Pac. 681).
The New York Court of Appeals took the same view of this point
in the case of a New Jersey employee of a New Jersey corporation
who was killed while in his employment in New York State. His
administratrix sued for damages, and recovered in the trial court, but
the judgment was declared erroneous, since the right of the employee
under the New Jersey law was contractual, and the agreement was
enforceable in the courts of New York, so that no right to sue for dam
ages remained (Barnhart v. Am. Concrete Steel Co., 125 N. E. 675).
NOTICE AND CLAIM.

The requirement that notice be given by the injured person of his
injury and of his intention to claim compensation is phrased differ
ently in the different acts. Thus the law of Michigan directs that
notice be given within three months of the happening of the injury
if a claim is to be submitted. This was construed by the court to
mean within three months of the happening of the accident causing
the injury, and not three months from the time disability com
menced or the real seriousness of the injury was understood
(Dane v. Michigan United Traction Co., 166 N. W. 1017). The New
York law, on the other hand, requires notice of the accident within
10 days after disability, which would ovbiously imply a different
starting point from that fixed by the Michigan statute. In con

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struing its law, the Court of Appeals of New York held that no suf
ficient notice of an injury had been given in a case where a cloak
model claimed that she had spoken of the pricking of her finger
with a pin and had asked for peroxide to use on it. Infection re
sulted, and an employee of the company carried the girl's pay to her
and saw that she had a swollen arm, but no connection was made
with the alleged pin prick, nor was any claim submitted until some
nine months later, when the industrial commission approved the
claim on the ground that the employer had not been prejudiced
by the lack of notice. This was rejected by the appellate division
and by the court of appeals, the latter court saying that the require
ment of notice should not be regarded as a mere formality, and that
the burden rested on the claimant who had been neglected in the
matter of notice to supply evidence and secure a finding that no
prejudice had resulted. As to the claim that notice had been given,
the court pointed out a distinction between the happening of a trivial
accident, liable to occur in any one of many ways, and a statement
that a workman at a machine where he was properly employed had
been injured by it, saying that in the latter case the employer might
properly be assumed to have been put on notice that an industrial
accident had taken place, but that in the present circumstances no
presumption could be indulged (Bloomfield v. November, 119 N. E.
705).
This question was again before the Supreme Court of Michigan
in a case in which the foreman of a plant had knowledge of the
original injury, but no serious disability developed for several months.
The accident board awarded compensation, but this was reversed
by the supreme court which found that u unless we resort to judicial
legislation” notice of a claim must be .given within three months
from the injury, meaning thereby the accident and not the developed
disability (Cooke v. Holland Furnace Co., 166 N. W. 1013). This
is in contrast with the decision of the Supreme Court of Nebraska,
whose law requires claims for compensation to be presented within
six months “ after the injurf occurred” Where a man was the
victim of an accident which did not result in noticeable injury
for some time afterwards, and gave notice within six months from
the later date, but more than six months from the date of the
accident, it was held that the law had been complied with (Johansen
v. Union Stockyards Co., 156 N. W. 511).
A provision common to several of the laws is that want of or
defect in the notice shall not be a bar to a claim unless the employer
is prejudiced in his rights thereby. Such a provision is found in
the Kansas statute, and the supreme court of that State (Knoll v.
City of Salina, 157 Pac. 1167) sustained an award to a claimant in
a case where written notice had not been given within the period

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W ORKM EN ?S COMPENSATION LAW S OF THE UNITED STATES.

named in the law, but oral notice had been given, and no right of
the employer had been affected. It was also held in this case that
an oral demand for compensation was a sufficient claim.
A case involving multiple injuries was before the Supreme Court
of California (Ehrhart v. Industrial Accident Commission, 158 Pac.
193), in which an award by the commission was reversed. The in
jured man had submitted a claim for injuries to a leg, compensation
being allowed. Some months later he asked compensation on ac
count of injuries to the chest alleged to have been received at the
same time, which the commission allowed on the ground that it had
continuing jurisdiction over the case for the period of 245 weeks
fixed by law, taking this to cover all injuries received by the injured
man at the time of the accident. This contention the court rejected,
holding that the commission had jurisdiction of only such injuries
as had been called to its attention within the period of six months
prescribed as a limitation by the act. This view was held to be
necessary to the realization of the intention of the legislature that
all injuries for which claims were to be submitted should be sub
jected to timely investigation, both to prevent the encouragement of
fake claims and to enable the proper steps to be taken to give
remedial treatment.
The Connecticut law made want of notice within the time fixed
a bar to the claim to the extent that the employer should be shown
to be prejudiced thereby. The phrase “ want of notice” was con
strued by the supreme court of that State to mean absolute lack of
notice. It was said, however, that this was not intended by the
act to be an absolute bar to the claim, but only a ground for
diminution of the award to the extent that the employer should be
shown to be prejudiced by .the failure to receive notice (Schmidt
v. Baking Co., 96 Atl. 963). Where there has been a delay beyond
the period fixed by statute, provision is made in the Massachusetts
law that the claim may still be renewed if the delay was due to
reasonable cause. The supreme court of the State held (In re
Fierro, 111 N. E. 957) that the industrial board should not assume
that there was reasonable cause or act on a supposed reason, but
that it must be positively shown that there was ground for the
delay. What was a sufficient notice under the Massachusetts law
was passed upon by the industrial accident board, and, where
it was shown that oral notice had been given to the manager and also
to one of the partners in the business, it was ruled that the employing
association had knowledge of the injury under the law, even though
no written notice had been given either to the employer, the insur
ance company, or the board; and the supreme court of the State
ruled similarly where the injured man had told a foreman and a
timekeeper of the injury (In re Bloom, 111 N. E. 45).

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247

Oral inquiry of the manager of a firm as to “ what he was going
to do” in the matter of compensating an injury was held by the
Supreme Court of Kansas to be sufficient notice (Gailey v. Peet
Bros. Mfg. Co., 157 Pac. 431). The effect of such informal but
actual notice was discussed by the Supreme Court of Wisconsin
(Pellett'y. Industrial Commission, 156 N. W. 956), the court saying
that the employer would be estopped to plead the lack of statutory
notice unless actual prejudice could be proved; in this case the
injured workman told one of his employers of the fall causing the
injury, and they agreed to pay the doctor’s bill, and also made a
payment for time lost within the 30 days during which notice might
be given, the law of this State providing that such payment shall be
equivalent to notice.
A claim was held by the Supreme Court of Michigan not to be
barred in a case in which notice of the death of an alien had been
timely given, and steps had also been taken to procure letters of
administration, though these did not arrive until after the expira
tion of the prescribed six months’ period; it was held that the claim
had not been outlawed, as the employer had had opportunity to
investigate the facts and had not been prejudiced by the delay, the
court ruling that the law ought not to be technically construed
(Matwiczuk v. American Car & Foundry Co., 155 N. W. 412). More
technical was the ruling in the case of a claim preferred by the
Austrian consul at Pittsburgh for compensation under the law of
West Virginia, the public service commission ruling that it could not
be considered on the ground that the application must be made in
due form within six months from the date of the death, as provided
by the act.
Another limitation contained in this law barred a claim in the case
of the death of a man as the result of an injury, the death not occur
ring until after expiration of 90 days from the date of the acci
dent causing it. The law provides that compensation is payable only
where death supervenes, as a result of the injury, within 90 days after
the accident.
In New Jersey, notice is required unless there is “ actual knowl
edge” of the occurrence of the injury on the part of the employer.
It was held (Allen v. Millville, 87 N. J. L. 356, 95 Atl. 130), that
the law does not require first-hand knowledge by the use of this
term, but that it may be understood in the popular sense; and
knowledge of a proper corporate agent was held to be knowledge
of a corporation.
This principle was applied by the appellate comrt of Indiana to a
case in which a mine employee suffered an injury to his eye, which
was known to his superior and to the company’s physician, who
pronounced the injury slight. After the time for giving formal

248,

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

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

notice had expired the injured man learned that he had lost the sight
of his eye. His claim was allowed, however, and sustained by the
court, on the ground that the company’s agents and representatives
had knowledge of the injury, and that his reliance on the advice
of the physician had influenced him to disregard the injury (Vandalia Coal Co. v. Holtz, 120 N. E. 386). A similar view of this
question was adopted by the Supreme Court of Maine, where a fore
man knew of an injury at the time it occurred, though the infection
£nd loss of use were subsequent (In re Simmons, 103 Atl. 68).
DISPUTES.

There is a considerable variety in the method of determining
disputes or reviewing awards on appeal or otherwise, the laws of
some States being'much more stringent in this respect than others.
The power of the industrial commission of Colorado to make awards
was passed upon in a case (Industrial Commission v, London Guar
antee & Accident Co., 185 Pac, 344) in which the supreme court of
the State held that a district court had power to set aside the orders
of the commission only where there was fraud, lack of jurisdiction,
or lack of evidence. The court was without power, therefore, to
render judgment on an agreed settlement for a sum less than the
commission’s award. The contention that the claimant and the
insurer are the only parties in interest, so that they are entitled to
submit an agreement to the court without the intervention of the
commission, was said to ignore the public interest expressed by the
law and represented by the commission, whose participation was
therefore essential.
The Kansas statute permits the bringing of suits to determine
awards under the law “ in default of agreement and arbitration.”
This was held by the supreme court of the State (Halverhout v. S.
W. Milling Co., 155 Pac. 916) not to make an attempt to agree or to
secure arbitration a condition precedent to the bringing of the suit,
but that either in the absence of such action or upon its failure, suit
might be brought.
Many of the provisions of the acts indicate a desire to secure the
prompt determination of the points in issue, the law of Massachusetts
providing that no second hearing shall be had as a matter of right
on any question of fact. The supreme court of the State (In re
Fierro, 111 N. E. 957) ruled that on an appeal, if there was a full
trial of the question in issue there shall not be a rehearing ordered,
but a final decree shall be entered. The right of appeal was denied
to a railroad company under the New York law in a case in which
an award had been made to the injured employee, the supreme court
of the State, appellate division, holding that since the employer
is protected from all liability by the insurance fund, he has no

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249

interest in the award that would give him a right to appeal, the
possibility of an increase of the premium rates being too remote to
confer such a right (Crockett v. State Insurance Fund, 155 N. Y.
Supp. 692).
A provision of the New Jersey law requires the determination of
cases before the court within 30 days after final hearing. This
was held by the supreme court of the State to be directory only, and
not mandatory, so that no invalidity was attached to later decisions
(Diskon v. Bubb, 96 Atl. 660).
EVIDENCE.

Procedure under the compensation laws naturally differs largely
from the technical court procedure in damage suits, though the courts
differ largely as to the real extent of such departure that is proper. ;
The Supreme Court of California (Englebretson v. Industrial Acci- I
dent Commission, 151 Pac. 421) held that evidence that a certain
act might have been a sufficient cause of the injury suffered would not
support the claim, being only hearsay, saying that though the com- (
mission was not bound by technical rules the rule excluding hearsay
was not technical. On the other hand, the Supreme Court of New
York, appellate division (Carroll v. Knickerbocker Ice Co., 155 N. Y.
Supp. 1), said that the spirit of the statute is that the commission
shall be “ wholly unfettered by any law previously invented by man.”
In the case in hand there was slight evidence of internal injury and
some evidence supporting the inference that the man strained him
self in his work, which was, however, mamly hearsay and partly
“ hearsay on hearsay.” It was said that “ no court would have hesi
tated a moment to reject it,” but that “ all the rules of evidence, the
accumulation of centuries of experience and wisdom, were ignored by
the commission.” The decision was affirmed as carrying out the pur
pose of the legislature in enacting the law. When the case came to
the court of appeals, however, it was said that while the law does
provide that the commission is “ not bound by common law or statu
tory rules of evidence or by technical or formal rules of procedure,”
it must be borne in mind that this provision of the statute is meant
to enable the commission “ to ascertain the substantial rights of the
parties.” The presumption that the claim comes within the pro
visions of the act, as the law provides, can not prevail against sub
stantial evidence to the contrary; and while the commission “ may
in its discretion accept any evidence that is offered, still in the end
there must be a residuum of legal evidence to support the claim
before an award can be made.” Persons present testified that they
saw no injury inflicted or accident take place, nor were there any
marks as of bruises or abrasions, such as would have existed had
the statements of the decedent been correct; so that the reported

250

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

remarks of a man in a highly nervous condition, verging on delirium
tremens, which subsequently developed, were held not sufficient to
support an award, and the judgment was reversed with costs against
the commission (218 N. Y. 435, 113 N. E. 507).
The industrial commission of Ohio went almost as far as the New
York commission and Supreme Court in the above case in making an
award for the death of a man from blood poisoning, where there was
no one who saw the injury inflicted which was regarded as responsible
for the death, and the evidence as to causation was contradictory.
A large amount of evidence was considered, both direct and hearsay,
but since the commission was not bound by statutory rules of evi
dence or of procedure it was able to reach the conclusion that the
injury should be regarded as the proximate cause of the death, and
compensation was awarded accordingly.
Where a car carpenter was seen to fall and was found to be dead
it was held that the burden of proof that there was injury in the
course of the employment was on the claimant. This demand was
said by the Supreme Court of Illinois to be met by the showing that
the deceased was a steady workman, in perfect physical condition,
and that the circumstances pointed to a fatal electric shock from an
exposed end of a cable near his working place (Bloomington, D. &
C. R. Co. v. Industrial Board, 114 N. E. 939).
The Supreme Court of Wisconsin sustained presumptions in favor
of the claimant in a case in which the trial court had decided that in
the absence of witnesses the theory of accident was only equally
plausible with that of suicide. The decision of the lower court was
reversed on the ground that the burden of proof rested on those
advocating the suicide theory, and compensation was allowed (Mil
waukee Western Fuel Co. v. Industrial Commission, 150 N. W. 988).
This accords with the position taken in a very similar case by the
accident board of Michigan, where it was said that the lack of direct
evidence would not be allowed to defeat the applicant’s claim if the
facts and circumstances justify and reasonably require the inference
that death was due to drowning as the workman was leaving a lumber
dock for dinner. Similar to the foregoing was the conclusion of the
Supreme Court of California in a case (Western Grain & Sugar Prod
ucts Co. v. Pillsbury, 159 Pac. 423) in which an award for the death
of a night watchman was allowed, the body not having been found,
but evidences of a struggle and other circumstances suggesting murder
being disclosed.
The vSupreme Court of New York, appellate division, likewise
refused to indulge in presumptions unfavorable to the claimant, as
being impossible under the law where there was an absence of proof
as to the exact cause of the injury, though “ many reasons might
have made it proper” for the injured man to go to the place where

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251

he was injured (Chludzinski v. Standard Oil Co., 162 N. Y. Supp.
225).
On the ground that questions of negligence had nothing to do with the
right of the claimant under the compensation act, the Supreme Court
of Kansas (Ruth v. Witherspoon-Englar Co., 157 Pac. 403) declared
that evidence as to the misconduct of a foreman in ordering the
workman into a place of danger was prejudicial to the rights of the
company where there was a trial before a jury. But if the findings
of the jui*y are not in reality affected by such evidence, its erroneous
admission will not necessitate the reversal of the judgment (Oliver
v. Christopher, 159 Pac. 397).
APPEALS.

In the more technical matters of procedure the courts have held
that the terms of the law must be strictly complied with, as where a
period is fixed within which an appeal must be taken from an award
to secure a review by the courts. Delay in this regard was held to
be fatal, the provisions of the statute establishing an absolute limita
tion (Northern Pacific S. S. Co. v. Industrial Accident Commission,
168 Pac. 30; New Dells Lumber Co. v. Industrial Commission, 164
N. W. 824). In an Ohio case (Roma v. Industrial Commission, 119
N. E. 461), however, a claimant was allowed the right of appeal
where it was in evidence that his attorney had been informed of the
rejection of his claim, and more than 30 days had elapsed before
the appeal, it appearing that actual notice was not received by the
claimant himself. The court said that to deny the rights of the
claimant under such circumstances would be to take advantage' of a
technicality, whereas the spirit of the law required a determination
on the merits of the case, and that it would not be a harsh rule to
require the board to assure itself, in the event of a rejection, that the
claimant was himself informed of the fact.
This case involved the right of appeal by an employee of an
employer who was a self-insurer under the statute, the court of
appeals of the State having held that such an appeal was not possible.
This point had been decided to the contrary by the State Supreme
Court in Reinholz v. Industrial Commission (119 N. E. 129), in which
it was said that to deprive employees of self-insurers of a right enjoyed
by employees of insurers in the State fund would be to create a dis
crimination that would lead to the invalidation of the provision of
the law permitting self-insurance; but having held this section of the
law constitutional, it was the duty of the court, unless the language
of the act made it impossible, to give effect to all the provisions of the
law by avoiding any construction that would lead to such an unwar
ranted classification. It was added that if the State authorized the
publication of notices by an employer to the effect that he was per
mitted by the board to carry his own insurance, it became the duty

252

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u n it e d st a t e s .

of the State to safeguard the employee’s interests under the act; also
that the self-insurer’s contribution to the surplus fund provides a
source from which payments under jury awards on appeal might be
paid, while the State might also recoup the fund by an action against
the self-insurer or his bondsman. The court of appeals was there
fore reversed.
A further point involved in the appeal in the Roma case was the
form of the award. The jury had allowed a recovery of $2,000 in a
lump sum, but the court found that this method of payment was not
in accordance with the spirit of the compensation law, and asserted
its authority to modify the award, reducing it to a series of weekly
payments of $8 per week for 250 weeks, this appearing to be a reason
able finding under the verdict of the jury, and in accord with the
design of the legislature in the enactment of the law.
The purpose of the law to eliminate technicalities was given by
the appellate court of Indiana as a reason why a motion for a new
trial was not an essential preliminary to an appeal under the rules
of procedure in that State. A review by the full board was said to
safeguard all rights, so that the appeal could properly be taken
directly (Union Sanitary Mfg. Co. v. Davis, 114 N. E. 872).
INSURANCE.

The primary importance of securing to the workman the awards
potentially provided for by the compensation statutes has led to the
enactment of various provisions looking toward the insurance of the
employer’s obligation or the making of guarantees by him that he
will meet the contingent liabilities fixed by the laws. Alternative
provisions are made in most States, giving an option or choice to the
employer as to the mode of carrying his insurance.
Naturally stock companies writing insurance of this kind are
opposed to the idea of a State monopoly, the situation being par
ticularly acute in the State of Ohio, where the question of monopoly
was in discussion between the insurance companies and the State
authorities, the law being differently interpreted by the two parties.
The commission took the view that the intent of the law was that
insurance should be taken in the State fund and not elsewhere.
The Supreme Court of the State considered the law as permitting
stock companies to write insurance, and requiring all employers of
five or more workmen regularly in the same business, oilier than
employers providing self-insurance to pay into the Sfc&ie insurance
fund the amount of premium determined and fixed by the State
authorities. Self-insurers were, moreover, held to be legally required
by the law to contribute to the surplus fund, which i» a guaranty
fund for the State insurance fund. The existing provision of the
general code conferring upon employees the rights of the employer
under any insurance policy which he may carry after the employee

PARTICULAR PROVISIONS OF TH E LAW S.

253

has secured a judgment against his employer for injuries due to the
latter’s negligence was held not to be repealed by the compensation
law but to remain subject to construction in connection with the
provisions of the compensation law. Contracts providing indemnity
for employers in all cases in which they are required to pay compensa
tion in accordance with the provisions of the compensation act may
be written by any insurance company, stock or otherwise. The
question as to whether or not employers can insure against other
liabilities than those established by the compensation law was left
undecided, reargument to be had thereon when the court should
again convene.
On the final consideration it was held that civil liability for willful
acts or failure to observe safety laws could not be covered by any
such policy; also that contracts for insurance could be written only
in behalf of contributors to the compensation fund, or legal selfinsurers. The right of insurance companies to write any policy other
than as should be in line with these rulings was terminated.
These findings are in effect embodied in an opinion handed down
in January, 1917 (State v. Employers’ Liability Assurance Corp.,
95 Ohio St. 289, 116 N. E. 513). They clearly left to insurance
companies the power to write policies covering compensation liabili
ties, but only where there is also a contribution made to the State
fund or in behalf of self-insurers.
It was undertaken to withdraw even this permission by an initiated
act amending the law so as to declare void all insurance contracts
covering compensation or liability obligation (act of Feb. 19, 1917).
In the meantime the constitutionality of the law permitting selfinsurance was again challenged, the case involving also the right of
insurance companies to write policies to indemnify such self-insurers
in case of loss (State v. United States Fidelity & Guaranty Co., 117
N. E. 232). It was held that the provision was constitutional, even
though it permitted two forms of insurance to exist side by side—
one through the fund, and one by direct payment from the employer.
Since both are supervised by the commission, it can not be said that
there is any inequality, or that all do not have protection of the
laws, the standards of benefits being identical in the two classes.
The right of the insurance companies to act was not denied, this
case coming up prior to the amendment of February 19, 1917.
A further amendment of March 20, 1917, provided that only such
persons should be allowed to be self-insurers as “ do not desire to
nsure the payment thereof or indemnify themselves against loss
sustained by the direct payment thereof.” The power to enact such
legislation was challenged by an employer who was a self-insurer, but
carried a policy to protect himself, and injunction was sought to
restrain the industrial commission from revoking his permit to act as

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a self-insurer. The court held that a contract previously entered
into and continuously maintained was no bar to legislation, and could
have no right of existence contrary to a new law; also that the right
to withdraw approval of a self-insurer was properly provided for by
the law, and that a duty to do so devolved upon the commission as
a result of the amendment. Such amendment being within the power
of the legislature, and in line with “ the purpose and intent of the
constitution and the law to create and maintain one insurance fund,
to be administered by the State,” no injunction would issue (Thorn
ton v. Duffy, 124 N. E. 54). This apparently ends the conflict aris
ing from the effort to establish exclusive State insurance in Ohio.
Other States offer a variety of options, even specifically saying, as
in Michigan, that the purpose is to make a comparative test as to the
value and desirability of the different forms. Where a State fund is
provided, and subscription thereto is made the essential condition
of conduct of an industry, questions of alternative rights are of course
foreclosed. This is the case with the Washington statute, and the
Supreme Court of the United States in Mountain Timber Co. v.
Washington (243 U. S. 219, 37 Sup. Ct. 260) considered the form
of a general but graduated tax upon industry as being a proper
method of securing the efficient working of the law. The act forbids
the employer to deduct any part of the insurance premium payable
by him to the State fund from the wages or earnings of his workmen.
As to this, the court saw a possible serious question as to the uncon
stitutional interference with the freedom of contract if the provisions
“ were to be construed so broadly as to prohibit employers and em
ployees, in agreeing upon wages and other terms of employment,
from taking into consideration the fact that the employer was a con
tributor to the State fund, and the resulting effect of the act upon
the rights of the parties.” Inasmuch, however, as there was no
intimation that the clause had been so construed, the court declined
to “ assume in advance that a construction will be adopted such as to
bring the law into conflict with the Federal Constitution.”
Options are given under the New York law, the employer being
permitted to insure in a State-administered fund, or in an author
ized corporation or association, or to maintain self-insurance, socalled, by furnishing satisfactory proof to the State commission of
his financial ability to make such payments as might be anticipated
in the conduct of his business. In the last-named case the commis
sion may, in its discretion, require the employer to deposit securities
of a kind prescribed by the statute, in an amount to be determined
by the commission. Assuming that the method of self-insurance
would be open to all employers on reasonable terms, it was held that
the other modes of insurance might constitutionally be prescribed as
optional alternatives, the rights of the employers not being thus in

PARTICULAR PROVISIONS OF TH E LAW S.

255

terfered with; while, assuming that the State commission would be
diligent in requiring the employer either to furnish satisfactory
proof of his ability, or to write insurance in suitable companies, the
employee could not be regarded as injuriously affected in a consti
tutional sense bv the granting of options to the employer (New
York Central Co. V White, 243 U. S. 188, 37 Sup. Ct. 247).
The industrial commission of Utah (as in several other jurisdic
tions) is authorized to fix the premium rates for companies writing
compensation insurance. The power of the legislature to pass such
a law was denied by an employer, who claimed that the act was
unconstitutional in this respect; that the legislature could not delegate
the rate-fixing powers to a commission; and that in any case there
was no power under the act to fix rates for private companies. The
supreme court of the State overruled all these contentions, relying on
a decision of the United States Supreme Court relative to the power
of a State agency to fix fire insurance rates (German Alliance Ins.
Co. v. Kansas, 233 U. S. 409, 36 Sup. Ct. 618), adding that the case
is even stronger here, inasmuch as compensation insurance is affected
with a public interest. Too low a rate would jeopardize safet}r,
while too high a rate would be an imposition. A proposed partici
pating policy was also ruled out as being a method for avoiding the
rates prescribed by the commission (Scranton Leasing Co. v.
Industrial Commission, 170 Pac. 976).
The same court had before it the question of the nature of the act
as compulsory or elective, and whether the industrial commission
could compel an employer to insure his liabilities under the act, or
otherwise comply with its provisions. It was held that the act was
compulsory, and that the commission was acting within its powers
when it sought a mandate to compel conformity to its provisions
(Industrial Commission v. Daly Mining Co., 172 Pac. 301). Suing
to recover the premiums due was not the proper procedure, as con
tended by the company, but the commission was entitled to a mandate
to compel insurance, where in its discretion it concludes that such
security of the employees’ right is needed.
The California commission ruled an insurance policy in effect on
its delivery and during its existence, even though no premium is paid
thereon. The law makes the employer and insurer jointly liable for
compensation payable under any policy, and a failure of the former
to pay and of the latter to collect his premium is a personal matter
between the two parties and does not bar the employee’s rights.
Quite similar is a ruling construing the Iowa statute to the effect
that under the law of that State the employer is primarily liable to
the injured employee regardless of any arrangement which he may
have with the insurer to carry the risk. He may protect himself
by insurance, and, indeed, is required to do so; but if for any reason

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

the insurance company is not able to carry out its contract, the
injured person or his beneficiaries still have direct recourse to the
employer for the amount of compensation due.
Subject to mention either under this heading or under that of
course of employment is a case (Bayer v. Bayer, 158 N. W. 109),
in which an employee of a carpenter was injured while doing some
work for the latter’s brother in an undertaking in no way con
nected with the business of the injured man’s employer. The em
ployer was insured against the risks of his business, and the insurance
company was joined in the defense against the enforcement of an
award made by a committee of arbitration and approved by the
industrial accident board of Michigan. The arbitrators had said
that the only question involved was whether the employee was
under the employer’s control and was paid by him; but the court
ruled that the policy was expressly and effectively limited to cases
of employment “ in the operation of and in connection with the busi
ness herein stated.” The order of the board for the payment of the
award was therefore vacated.
The relation of accident insurance, carried by the injured man,
to insurance in the State fund, was considered in a Washington case,
the supreme court of the State holding that accident insurance was a
matter of private contract, and the law fixing an amount of compen
sation payable for industrial injury neither affected such a contract
nor was affected by it (Ross v. Erickson Construction Co., 89 Wash.
634, 155 Pac. 153).
Incidental questions relating to State funds were passed upon by
the Attorney General of the United States, who held that policies
issued by a State fund are exempt from the special tax levied by the
war-revenue act of October 3, 1917; also that State funds are not
subject to the law requiring the payment of an income tax (31 Op.
A. G.# 308),

WORKMEN'S COMPENSATION LAWS OF CANADA.
PROGRESS OF LEGISLATION.

Compensation legislation in Canada has an earlier origin than in
the United States, due undoubtedly to the influence of Great Britain.
The British act of 1897, extended in 1900, and replaced by an act of
1906 is of a type quite distinct from that adopted by any of the United
States. However, it very naturally furnished a model for the earlier
legislation of the Provinces which first took action of this kind.
Following is a list of the Provinces having laws of this type, arranged
in chronological order of the enactment of the original law:
British Columbia................................................................................... .1902
Alberta.....................................................................................................1908
Quebec....................................................................................................1909
Manitoba................................................................................................. .1910
Nova Scotia......... .*................................................................................ .1910
Ontario....................................................................................................1914
Yukon Territory......................................................................................1917
New Brunswick.......................................................................................1918

The act of British Columbia of 1902 continued in force until 1916,
and that of Alberta of 1908 was not superseded until 1918. New
laws were enacted in Nova Scotia and Manitoba in 1915 and 1916,
respectively.
Arbitrators and judges of courts were the recourse for the settle
ment of disputes under the older laws, and the very limited recoveries
provided fell far short of the liberality of the law of Ontario, for
instance, which Province first came into line in 1914 with a law
patterned after the United States type rather than that of Great
Britain. Some of the Provinces appointed commissions to investi
gate the workings of statutes in the States before revising existing
legislation or enacting new laws. This has been influential in estab
lishing throughout the two adjacent countries a system of legislation
closely comparable in many aspects. The later laws are administered
b y special boards in most instances, Yukon Territory being an
exception. The statute of Quebec has remained without essential
revision since its enactment in 1909, and therefore does not represent
the more recent compensation practices. Prince Edwards IIsland
and Saskatchewan are as yet without any compensation legislation/
the so-called compensation law of the latter Province being in fact a
liability statute.
177982°—21— Bull. 272------ 17

257

258

w o r k m e n ’s

COMPENSATION LAW S OF CANADA.

Beginning* with the year 1914, when the Province of Ontario
enacted its first law, there is a notable uniformity of legislation
throughout the Dominion. Except in Yukon Territory the scope of
the laws is determined by the enumeration of the classes of employ
ments to which they apply, though provision is made in most of the
laws for the addition of other classes by the action of the boards.
The laws are compulsory in their application, and all except Manitoba,
Quebec, and Yukon maintain exclusive insurance funds for the pay
ment of benefits, for which the Province assumes liability. All
except Quebec and Yukon compensate for enumerated industrial
diseases. Administrative boards are of long tenure (during good
behavior until retirement for age at 75, except in British Columbia,
where the term is 10 years), and have practically full and final power
for the determination of cases arising under the acts. The boards
are distinctively compensation boards, and not general industrial
commissions, though they are given certain powers for accident
prevention in British Columbia, Manitoba, Nova Scotia, and Ontario,
and of inspection of premises in the foregoing and in Alberta and New
Brunswick as well.
An act of the Dominion Parliament of 1918 provides that em
ployees of the Federal Government killed or injured in their work shall
come under the compensation law of the Province in which the
accident occurred.
On the following pages will be found analyses of the various laws
of the same form as for the laws of the various States. The full text
of the laws also appears following those of the various States.

ANALYSIS OF THE PRINCIPAL FEATURES OF THE LAWS.
ALBERTA.
Date o f enactment.—March 5, 1908; in effect January 1, 1909. New act, April 13,
1918; amended, 1919.
Injuries compensated.—Injuries by accident arising out of and in the course of the
employment which cause disability for at least four days or death. Those due to the
serious and willful misconduct of the workman excepted, unless death or serioua
injury results. If disability lasts over 10 days, compensation dates from the injury.
Enumerated occupational diseases included.
Industries covered.—Enumerated hazardous employments. Itinerant occupations
and railroads are excepted. The board may add to, withdraw from, or rearrange the
schedule of hazardous employments contained in the act.
Persons compensated.—Workmen engaged in the employments covered, including
employers ana members of their families if they are occupied as workmen. Traveling
salesmen, clerks, outworkers, and casual employees not in the usual course of the
employer’s business, are excluded.
Government employees.—Covered if employed in establishments or undertakings
to which the law applies.
Burden o f payment.—Rests upon employer, but employee may be required to
contribute to the medical aid under plans approved by the board.
Compensation for death:
(a) Burial expenses, maximum $100, and, in the case of no dependents, reasonable
expenses of the last sickness.
(b) To widow or invalid husband $20 monthly, with $5 additional for each child
under 16 years; to orphan children, $10 each; maximum monthly, $40;
to parents, $20 monthly; to. parents and other dependents, maximum
monthly, $30; total maximum, $2,500.
(c) To partial dependents a Sum proportionate to the pecuniary loss; maximum
monthly, $30, during the period of reasonably expected assistance.
(d) Payments to children cease at age 16, unless invalid, and to a widow upon
remarriage, but she shall receive a lump sum equal to the monthly pay
ments for two years.
Compensationfor disability:
(а) Such special medical and surgical treatment and apparatus as the board
may deem necessary.
(б) For total disability, if permanent, $10 weekly, with $2 additional for first
and $1 additional for succeeding dependents; maximum weekly, $16;
total maximum, $2,500. If temporary, same as for permanent, except
that weekly maximum of workmen under 21 years without dependents
is fixed at $7.50. ^
(c) For partial disability, if permanent, fixed sums for certain injuries as listed
in schedule, payments ranging from $50 to $1,000. If temporary, and wage
loss exceeds 10 per cent, 55 per cent of wage loss during disability.
Awards may be commuted in whole or in part to lump-sum payments.
Revision o f compensation.—Awards may be reviewed by board on its own motion
or on motion of workman.
Insurance.—All employers covered by act contribute to provincial accident fund.
Security o f payments.—If accident fund is exhausted, advances may be made from
general funds of the Province. Payments can not be assigned or attached, nor are
they liable to set-off.
Settlement o f disputes.—Workmen’s compensation board has exclusive and final
jurisdiction.

259

260

W O R K M E N ’ S COMPENSATION LAW S OF CANADA.

BRITISH COLUMBIA.
Date o f enactment.—May 31, 1916; in effect, January 1, 1917; amended, 1918, 1019.
Injuries compensated.—Injuries by accident arising out of and in the course of the
employment causing disability for more than three days or death; those due to serious
or willful misconduct excepted, unless death or serious and permanent disability
results. Includes facial disfigurement and designated occupational diseases.
Industries covered.—Enumerated list; voluntary as to other industries or workmen.
Farm labor and domestic service excluded.
Persons compensated.—Workmen engaged in industries and occupations covered
by act, not including traveling salesmen, clerks, persons not subject to hazards of
industry, or whose work is casual and not for the purpose of the employer’s business,
outworkers, or members of employer’s family.
Government employees.—Included if from the nature of their work they would be
covered if working for a private person.
Burden o f payment.—On employer, except that employees must contribute to the
medical aid.
Compensationfor death:
(a) Burial expenses, maximum, $75.
(b) To widow or invalid widower for life, $20 monthly, with $5 additional for
each child; to orphan children, $10 each; maximum, $40 monthly; to
parents, $20 monthly, or to parents and other dependents, $30 monthly
maximum.
(c) To partial dependents a sum proportionate to the pecuniary loss, maximum
$30 monthly, during the period of reasonably expected assistance.
(d) Payments to children cease at age 16 unless invalid, and to a widow upon
her remarriage, but she shall receive a lump sum equal to the monthly
payment for two years.
Compensationfor disability:
(a) All reasonable and necessary medical, surgical, etc., aid.
(b) For total disability, during disability 2 55 per cent of the average wages;
minimum, $5 per week, unless wage is less, then full wages.
(c) For partial disability, 'during disability, 55 per cent of wage loss; minimum,
$5 per week, unless wage is less, then full wages.
Periodical payments may be commuted into lump-sum payments; lump
sum also allowable for facial disfigurement.
Revision o f compensation.—Awards may be reopened and reviewed at any time for
sufficient cause.
Insurance.—All employers under the act must contribute to a provincial accident
fund.
Security for payments.—Province is liable for safekeeping of fund. Payments can
not be assigned, attached, subjected to set-off, nor shall they pass by operation of law
except to personal representatives.
Settlement o f disputes.—Workmen’s compensation board, a body corporate, has
exclusive and final jurisdiction.

ANALYSIS OF PRINCIPAL FEATURES OF TH E LAW S.

261

MANITOBA.
Date o f enactment.—March 16, 1910; in effect January 1, 1911. New act 1916;
amended 1917,1918, 1919.
Injuries compensated.—Injuries by accident arising out of and in course of employ
ment, causing disability for at least six days or death; those due solely to the serious
and willful misconduct of the workman excepted, unless death or serious disability
results. Includes enumerated occupational diseases. All compensation dates from
the injury.
Industries covered.—Enumerated list, which the board may add to or take from.
Other establishments may be included by election of the employer and approval of
the board. Farm labor and domestic service are excluded.
Persons compensated.—Workmen in the industries covered except casual employees
for other purposes than the employer’s trade or business.
Government employees.—Included if from the nature of their work they would be
included if working for a private employer.
Burden o f payment.—On employer.
Compensation for death:
(a) Burial expenses not exceeding $75; if no dependents, reasonable expenses
for medical aid, nursing, maintenance, and burial.
(fi) To widow or invalid husband, $20 monthly, and $5 for each child under age
of 16; orphans, $10 each; the total in no case to exceed $40 monthly nor
55 per cent of the workman’s average earnings. To others^ in proportion to
the pecuniary loss, not over $20 to'parents, nor over $30 m all, during the
period of reasonably expected assistance.
(c) Payments to children cease at age of 16, and to a widow on remarriage, when
she receives two years’ payment in a lump sum.
Compensation for disability:
(а) Medical attendance, care, and maintenance, not to exceed $100 in value.
(б) For total disability, 55 per cent of the average weekly earnings; during
disability, not less than $6 unless earnings are less, then full wages.
(c) For partial disability, 55 per cent of the wage loss, during such disability;
if impairment does not exceed 10 per cent, an equivalent lump sum shall
be paid, unless thought not of advantage to the workman.
Earnings in excess of $2,000 are not considered as basis for awards.
Any periodical payment may be commuted to a lump sum.
Revision o f compensation.—The board may at any time rescind, alter, or amend
any decision or order made by it.
Insurance.—All employers covered by the act contribute to a provincial accident
fund. Insurance in an approved company is required, unless self-insurance is
permitted.
Security of payments.—Insurance companies and self-insurers maintain deposits
for the prompt payment of compensation. Benefits are a preferred claim in bank
ruptcy, and are exempt from assignment, attachment, etc. All benefits are to be paid
through the board.
Settlement o f disputes.—Workmen’s compensation board has full and final jurisdiction
of all questions under the act.

262

W O R K M E N ^ COMPENSATION LAW S OF CANADA.

NEW BRUNSWICK.
Bate 0/ enactment.—Law enacted April 26, 1918; in effect------; amended in 1919.
Injuries compensated.—Injuries by accident arising out of and in course of the em
ployment causing disability for more than seven days or death, not due to willful
misconduct,. intoxication, or a fortuitous event not connected with the industry.
Indudes occupational diseases.
Industries covered.—Industries listed in law or which may be added by orders in
council. Farm labor and domestic service excluded. Voluntary as to excluded in
dustries and occupations.
Persons compensated.—Workmen engaged in the included industries and occupations
except traveling salesmen, fishermen, clerks, and office workers not subject to the
hazards of the industry, outworkers, casual employees employed otherwise than for
the purposes of the industry, and members of an employer’s family.
Government employees.—Included if engaged in employments such as those included
under act, except municipal firemen and policemen*
Burden o f payment.—Entire cost rests upon the employer.
Compensation for death:
(a) Burial expenses, maximum $75.
(b) To widow or invalid widower, $20 per month for life, with $5 additional for
each child under 16 years; not over 55 per cent of average wages, with
maximum basic wage of $125; total maximum, $3,500.
(c) To partial dependents a sum proportionate to the pecuniary loss during the
period of reasonably expected assistance.
(d) Payments to children cease at 16, and to widow upon her remarriage, but she
shall receive a lump sum equal to two years’ monthly payments.
Compensation for disability:
(a) Such special medical and surgical aid as may reduce the disability and such
first aid and hospital service as the b6ard may require.
(b) For total disability, 55 per cent of the average wages during disability. Basic
salary, minimum $6 per week and maximum $125 per month; total maxi
mum, $3,500.
(c) For partial disability, if temporary, 55 per cent of wage loss; if permanent,
according to a schedule to be adopted by the board; total maximum, $1,500.
Wage loss must exceed 10 per cent. Maximum monthly basic salary, $125.
Periodical payments may be commuted to lump-sum payments, and lump
sum payments may be made subject to periodical payment.
Revision o f compensation.—The board may reopen and review awards on its own
motion.
Insurance.—All employers covered by the act must contribute to a provincial
accident fund. Boara may make or sanction arrangements for reinsurance.
Security o f payments.—Accident fund under government control; payments may
not be assigned, attached, or made subject to pass by operation of law except to a
personal representative.
Settlement o f disputes.—Workmen’s compensation board has exclusive and final
jurisdiction over all matters, but appeal may be had to supreme court on questions of
law and jurisdiction if permission is secured from a judge of the supreme court.

ANALYSIS OF PRINCIPAL FEATURES OF TILE LAW S.

263

NOVA SCOTIA.
Date of enactment.—April 23,1915* in effect January l y 1917; amended in 1916, 1917,
1918^ and 1919.
Injuries compensated.-—Iniuries by accident arising out of or in the course of the
employment causing disability for seven days or death. Those due to wiHful mis
conduct are excepted unless death or serious permanent disablement results. When
compensation is payable it dates from disability. Enumerated occupational diseases
are included.
Industries covered*—Compulsory as to all employments listed in act. Voluntary
as to excluded industries and workmen, except farm labor and domestic service,
which are outside law.
Persons compensated.—Workmen engaged in the included industries and occupations,
not including traveling salesmen, casual workers employed otherwise than for the
purpose of the employer’s business, outworkers, and members of an employer’s family.
Government employees.—Included if engaged in occupations such as are included
in the act, municipal policemen and firemen excepted.
Burden o f payment.—Entire cost rests upon the employer.
Compensation for death:
(a) Burial expenses, maximum $75.
(b) To widow or widower, $20 per month for life, with $5 additional for each child
under 16 years; to orphan children, $10 each per month; maximum monthly,
$40, not over 55 per cent of average wages. To parents* $20 per month; to
parents and others, maximum $30 per month.
(c) To partial dependents a sum proportionate to the pecuniary loss, not over $30
per month, during the penod of reasonably expected assistance.
(d) Payments to children cease at 16 unless invalid, and to widow upon remarriage,
when she receives continued payments for two years or an equivalent lump
sum.
Compensation for disability:
(а) All necessary medical, surgical, hospital, etc., treatment for 30 days. Addi
tional special treatment may be allowed by board if necessary to reduce
disability.
(б) For total disability, 55 per cent of the average wages during disability. Mini
mum, $5 weekly^ unless wage is less, then full wages.
(c) For partial disability, 55 per cent of the wage loss during disability. Im
pairment of capacity without actual wage loss may also be compensated.
In no case are wages in excess of $1,200 per annum considered.
Periodical payments may be commuted to lump-sum payments and lump
sum payments may be made subject to periodical payment.
Revision of compensation.—Board may reopen and review awards on its own motion.
Insurance.—All employers covered by the act must contribute to the provincial .
accident fund.
Security of payments.—Accident fund under Government control. Payments may
not be assigned, attached, be liable to set-off, nor made subject to pass b y operation
of law except to a personal representative.
Settlement of disputes.—Workmen’s compensation board has exclusive and final
jurisdiction over all matters, but appeal may be had to the supreme court on questions
of law and jurisdiction if permission is secured from a judge of the supreme court.

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COMPENSATION LAW S OF CANADA.

ONTARIO.
Date of enactment.—May 1, 1914; in effect January 1, 1915; amended 1915, 1916,
1917,1919.
Injuries compensated.—Injuries by accident arising out of and in course of employ
ment which cause death or disable a workman for at least seven days; those due to
the serious and willful misconduct excepted^ unless resulting in death or serious
disablement. Where compensation is payable it dates from disability. Enumerated
industrial diseases included.
Industries covered.—Extensive list; includes manufacturing, construction, lumbering,
mining, quarrying, transportation, navigation, operation of public utilities, etc.
Farm labor and domestic service are excluded.
Persons compensated.—All employees in industries covered other than those whose
employment is casual and not for the purposes of the employer’s trade or business.
Government employees.—Included in so far as their employments would be covered
if under private employers.
Burden of payment.— Cost rests entirely on the employer.
Compensation for death:
(a) Necessary burial expenses, not exceeding $75.
(b) To a widow or invalid widower, $30 per month until death or remarriage,
with $7.50 additional for each child under 16 years of age; orphan children,
$10 per month each; no total to exceed $60.
(c) To other dependents, not over $20 to the parent or parents, and not over $30
per month in all, for not longer than support might be reasonably expected.
(id) If no dependents, reasonable allowance may be made for medical attendance,
care, maintenance, and burial.
The aggregate compensation, except for burial expenses, may not exceed
55 per cent of the monthly wages of the deceased.
Payments to children cease at 16 unless invalid, and to widow on remarriage,
when she receives two years’ benefits.
Compensation for disability:
(а) Necessary medical and surgical aid, with transportation to hospital or home
if needed.
(б) For total disability 55 per cent of the average weekly earnings, during dis
ability.
(c) For partial disability, 55 per cent of the weekly wage loss, payable during the
continuance of such disability.
Periodical payments may be commuted to a lump sum after six months, or
earlier with the consent of the workman and the approval of the board.
In computing compensation no earnings in excess o f $2,000 are to be con
sidered in any case.
Revision of compensation.—Awards may be reviewed on the motion of either party
in interest; also on the board’s own motion if payments are being made from the
accident fund.
Insurance.—Payments under the main schedule are made from an accident fund
compulsorily maintained by employers under schedule I of the act. Board may
require employers under schedule II to insure in an approved company.
Security of payments.—State board administers the accident fund and is required
to maintain a reserve. Employers not contributors to the fund may be required to
deposit a capital sum to secure payments, or furnish other security. Payments are
exempt from assignment, attachment, or set-off, except with the approval of the board;
nor may they pass by operation of law to other than to a personal representative.
Settlement of disputes.—All disputes are to be settled by the board, suits at law being
forbidden except in defined classes of cases of liability for negligence of employers
not under schedule I.

ANALYSIS OF PRINCIPAL FEATURES OF TH E LAW S.

265

QUEBEC.
Date of enactment.—May 29, 1909; in effect January 1, 1910. Amended 1914, 1918.
Injuries compensated.—All injuries happening to workmen by reason of or in the
course of their work causing death, or disability lasting over seven days. Injuries in
tentionally caused by the person injured are not compensated.
Industries covered.— Building, manufacturing, transportation, engineering, and con
struction work, mining, quarrying; stone, wood, and coal yards;' any industrial enter
prise using machinery operated by power. Agriculture and navigation of sailing
vessels are excluded.
Persons compensated.—Workmen, apprentices, and employees earning not more than
$1,200 per annum. Foreign workmen or their representatives are compensated only
if and so long as they reside in Canada.
Government employees.—Government employees are not mentioned in the act.
Burden of payment.—The entire expense rests upon the employer.
Compensation for death:
(a) Medical and funeral expenses not in excess of $25, unless same are provided by
an association of which the deceased was a member.
(b) Four times average yearly wages, but not less than $1,000 nor more than $2,500
payable to surviving consort, to children under 16 years of age, and depend
ent ascendants, shares to be agreed upon or determined by court.
All amounts may be decreased or increased by court on account of inexcusable
fault of employee or employer.
Payments to children cease at 16, unless invalids.
Payments made for disability before death are deducted.
Compensation for disability:
(a) For permanent total disability, a pension equal to 50 per cent of the yearly
wages.
(b) For permanent partial incapacity, a pension equal to 50 per cent of the amount
by which the wages have been reduced because of the injury.
(c) For temporary incapacity lasting over seven days, compensation equal to onehalf the daily earnings received at the time of the accident, beginning with
the eighth day, not less than $4 per week.
(d) In computing pensions only one-fourth the excess of the annual earnings
between $800 and $1,200 is considered ; the capital of any pension shall not
exceed $2,500, unless higher because of accidents due to inexcusable fault
of the employer.
All periodical payments may be commuted to lump sums.
Revision of compensation.—Demands for change of amount of compensation may be
made within four years.
Insurance.—No reference concerning the insurance of risks under the law is con
tained in the act, except as to the payment of pensions due, which may be transferred
to insurance companies. No release from liability is obtained by the employer by
such transfer.
Security of payments.—Claims for compensation or pensions form a lien on the real
and personal property of the employer so long as they remain unpaid.
Settlement of disputes.—Superior and circuit courts have jurisdiction over all dis
putes arising under this act. All proceedings are summary, no trial by jury being
allowed.

266

W O R K M E N ’ s COMPENSATION LAW S OF CANADA.

YUKON TERRITORY.
Date of enactment.—April 24,, 1917.
Injuries compensated.—Injuries by accident arising out of and in course of employ
ment, causing disability for at least 14 days, or death, not due to willful misconduct
or intoxication. Where compensation is payable, it dates from the disability.
Industries covered.—All, where five or more workmen are employed.
Persons compensated.—All in industries covered except outworkers and casual empl
i
’ * ’ e or business.
Compensation for death.—If dependents survive, $2,500; if none, burial and medical
expenses, nursing, etc., not to exceed $500, of which not over $150 may be for burial
expenses.
Cc
----I sums for injuries scheduled: others in
proportion to degree of disability.
(c) For temporary disability, 50 per cent of wages, payable weekly for not more
than six months.
Revision of compensation.—Weekly payment awards mav be reviewed at the request
of either party.
Insurance.—No provision.
Security of payments.—Claims are not assignable, and awards are exempt from execu
tion, attachment, etc. Judge may order award to be invested or otherwise applied for
the benefit of the person entitled thereto.
Settlements of disputes.—If parties do not agree to settlement, application may be
made to a judge of the Territorial court, whose decision is final.

APPENDIX.—TEXT OF WORKMEN’S COMPENSATION LAWS
OF THE UNITED STATES AND CANADA.

U N IT E D S T A T E S .
ALABAMA.

ACTS OF 1919.
No. 245.— Compensation o f workman for injuries.
P a r t 1.— C om pen sation

A ction

Law .

S ection 1. When personal injury or death is caused to an employeeby

Actions for
an accident arising out of and in the course of his employment, of which ama2es*
injury the actual or lawfully imputed negligence of the employer is
the natural^ and proximate cause, he, or in case of death, his personal
representative, for the exclusive benefits of the surviving spouse and
next of kin, shall receive compensation by way of damages therefor
from the employer, provided the injury or death was not caused by the
willful misconduct of the employee or was not due to misconduct on
his part as hereinafter in section 9 hereof defined.
S ec . 2. In all cases brought under part 1 of this act it shall not be a . Defenses aboldefense (a) that the employee was negligent, unless and except it shallistlecl*
also appear that*such negligence was willful, or that such employee was
guilty of willful misconduct as hereinafter in section 9 hereof defined;
(6) that the injury was caused by the negligence of a fellow employee;
(c) that the employee had assumed the risks inherent in, or incidental
to the work, or arising out of his employment or arising from the failure
of the employer to provide and maintain safe premises and suitable
appliances which grounds of defense are hereby abolished except as
provided in section 4.
S ec . 3. If the employer elects not to come under part 2 of this act, Same,
he loses the right to interpose the three defenses named in section 2
in any action against him for personal injury or death of an employee.
S ec . 4. If the employee elects not to become subject to part 2 of When
availthis act, in any action brought to recover damages for personal injury a le*
or death by accident against an employer who has elected to come under
part 2 of this act, said employee or his personal representative shall
proceed as at common law only, and such employee shall have no right
of action under sections 3912, 2485, 2486, 3910, 2484 of the Code of 1907
or any other right given by statute, and the employer in such suit may
avail himself of all defenses as provided by statute m effect at the adop
tion of this act or at common law.
S ec .5. The provisions of sections 1, 2, 3, and 4 shall apply to any Application,
claims for death of an employee as covered by sections 3912, 2485, and
2486 of the Code of 1907, and to personal injuries arising under sections
3910 and 2484.
S ec . 5a. The provisions of this act shall apply to employees who Minors unaw
are minors and who have been employed in accordance with or cony employed,
trary to laws regulating the employment of minors.
S ec . 5b. When an accident occurs while the employee is employed Extraterritorial
elsewhere than in this State which would entitle him or his dependents 6
to compensation had it happened in this State, the employee or his
dependents shall be entitled to compensation under this act if the
contract of employment was made in this State unless otherwise ex
pressly provided by said contract, and such compensation shall be
in lieu of any right of action and compensation for injury or death
by the laws of any other State.

268

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

law s

of t h e

u n it e d

states.

B u r d e n of SEC. 6. In all actions of law brought pursuant to part 1 of this act,
*
the burden of proof to establish willful misconduct (or other misconduct
as .hereinafter in sec. 9) hereof defined of the injured employee shall
be upon the defendant.
Attorney’sfees. Sec. 7. No part of the compensation payable under this act shall
be paid to attorneys for the claimant for legal services unless upon the
application of a claimant to a judge of the circuit court such judge shall
order or approve of the employment of an attorney by the claimant and
in such event the judge upon the hearing of the petition for compensa
tion shall fix the fee of the attorney for the claimant for his legal services,
and the manner of its payment, but such fee shall not exceed ten
(10) per cent of the compensation awarded or paid.
P a r t 2 .— E l e c t i v e C om p en sa tion .

Scope of act.

S e c t io n 8 . This act shall not be construed or held to apply to any com

mon carrier (doing an interstate business) while engaged in interstate
commerce, or to domestic servants, farm laborers or persons whose
employment at the time of the injury is casual, and not in the usual
course of the trade, business, profession, or occupation of the employer,
or to any employer who regularly employs less than 16 employees in
any one business, or to any county, city, town,village, or school district:
Provided, however, That any employer who regularly employs less than
16 employees in any one business or any county, city, town? village, or
school district may accept the provisions of this act by filing written
notice thereof with the probate judge of each county in which said
employer is located or does business, said notice to be recorded by the
judge of probate for which he shall receive the usual fee for recording
conveyances, and copies thereof to be posted at the places of business
of said employers: And providedfurther, That said employers who have
so elected to accept the provisions of this act may at any time with
draw the acceptance by giving like notice of withdrawal: Provided
further, That in no event nor under any circumstances shall this bill
apply to farmers and their employees.
Effect of agree- Sec. 9. If both employer and employee shall by agreement expressed
ment*
or implied or otherwise as herein provided become subject to part 2 of
this act, compensation, according to the schedules hereinafter contained,
shall be paid by every such employer in every case of personal injury or
death of his employee caused by an accident arising out of and in the
course of his employment, without regard to any question of negligence,
except no compensation shall be allowed for an injury or death caused
willful miscon- by the willful misconduct of the employee or by the employee’s inten®uct*
tion to bring about the injury or death of himself or of another or due to
his own intoxication or his willful failure or willful refusal to use safety
appliances provided by the employer or due to the willful refusal or
willful neglect of the employee or servant to perform a statutory duty
or due to any other willful violation of the law by the employee or his
willful breach of a reasonable rule or regulation of his employer of which
rule or regulation the employee has knowledge. If the employer de
fends on the ground that the injury arose in any or all of the last above
stated ways the burden of proof shall be on the employer to establish
such defense.
Remedy ex- Sec. 10. Such agreement or the election hereinafter provided for shall
elusive.
be a surrender b y the parties thereto of their rights to any other method,
form, or amount of compensation or damages for any injury occasioned
by an accident proximately resulting from and while engaged in the
actual performance of the duties of his employment, and from a cause
originating in such employment, or determination thereof than as pro
vided in part 2 of this act, and shall be an acceptance of all the provi
sions of part 2 of this act, and shall bind the employee himself, and for
compensation of his death shall bind his personal representative, the
surviving spouse and next of kin, as well as the employer and those
conducting his business during bankruptcy or insolvency, for compen
sation for death or injury, as provided for by part 2 of this act.
Same.
S e c . 10£. The rights and remedies herein granted to an employee
shall exclude all other rights and remedies of said employee, his personal
representative, parent, dependents, or next of kin, at common law, by

TEXT OF LAW S— ALABAMA.

269

statute or otherwise on account of said injury, loss of services or death;
and except as herein provided in part (1) and part (2), (as the case may
be) of this act, no employer included within the terms of this act shall
be held civilly liable for any personal injury to or death of any workman
due to accident while engaged in the service or business of the employer,
the cause of which accident originates in the employment; but nothing
in this section shall be construed to relieve any employer from criminal
prosecution for failure or neglect to perform any duty imposed by law.
S e c. 11. All contracts of employment made after the taking effect of Election p r ©this act shall be presumed to nave been made with reference to, andsume(1,
subject to, the provisions of part 2, unless otherwise expressly stated in
the contract, in writing, or unless written or printed notice has been
given by either party to the other, as hereinafter provided, that he does
not accept the provisions of part 2. Every employer and every
employee is presumed to have accepted and come under part 2 hereof,
unless thirty (30) days prior to accident he shall have signified his
election not to accept or be bound by the provisions of part 2, but for
an accident occurring within the first 30 days after employment notice
not to accept given at the time of employment shall be sufficient, and
in such event unless such notice has been given at the time of employ
ment, the acceptance and coming under part 2 hereof is conclusively
presumed. The notice of election not to accept part 2 shall be given Notice of nonas follows: Any employer and any employee who are parties to a con- accePtance*
tract of service or employment existing at the time this act goes into effect
is conclusively presumed to have accepted and come under part 2 hereof,
and said contract of service or employment shall be conclusively pre
sumed to continue under the provisions of part 2 of this act from and
after the day it goes into effect unless otherwise expressly stated in
writing in the contract of employment, or unless at least thirty (30) days
prior to the time this act goes into effect, written or printed notice have
been given by either party to the other as hereinafter provided that he
does not accept the provisions of part 2. The employer in case he elects
not to be bound by the provisions of part 2 hereof shall post and keep
posted in his shop or place of business a written or printed notice of his
election not to be bound by part 2 hereof and file a duplicate thereof
with the probate judge of each county in which the employer does
business. Said notice to be recorded by the judge of probate, for which
he shall receive the usual fee for recording conveyances. The em
ployee in case he elects not to be bound by the provisions of part 2
hereof shall give written or printed notice to the employer of his elec
tion not to be bound by part 2, and file a duplicate with proof of service
attached thereto with the probate judge of one county in which the
employer does business. A certified copy of said notice so required to be
recorded shall be presumptive evidence in any court or proceedings that
said employer or employee, as the case may be, has elected not to come
under part 2 hereof.
*■'
S ec . 12. Either party may terminate his acceptance, or his election, Termination of
not to accept the provisions of part 2 by thirty (30) days’ written notice accep nceV
to the other, such notice to be given as provided in section 11. A
duplicate of such notice with proof of service attached thereto shall
be filed with the probate judge of the county in which the employee
is performing service at tne time such notice is given, and shall be
recorded, and the time shall not begin to run until such notice is so
filed.
S ec . 12a. Minors shall, for the purposes of part 2 of this act, have the Minors,
same power to contract, make election of remedy, make settlements, ^
and receive compensation as adult employees; subject, however, to
the power of the court, in its discretion at any time to require the
appointment of a guardian to make such settlement and to receive
moneys thereunder or under an award, and payments or awards made :
to such minors or their guardians shall exclude any further compen- j
satioS either to the minors or to their parents for loss of services or
otherwise.
S ec . 12b. The interested parties shall have the right to settle all Settlements.]
matters of compensation and all questions arising hereunder between '
themselves: Provided, That all settlements made hereunder must be
in amount substantially the same as the amounts or benefits stipulated

270

w o r k m e n ’s c o m p e n s a tio n la w s o f t h e u n it e d s t a t e s .

in this act, unless a judge of the circuit court of the county where the
claim for compensation under this act is entitled to be made or upon
the written consent of the parties a judge of the circuit court or a judge
of the probate court of any county determines that it is for the interest
of the employee to accept a lesser sum and approves such settlement.
Any settlements hereunder may be vacated for fraud, undue influence
or coercion upon application made to the judge approving the settle
ment at any time not later than six months after the date of the settle
ment. Upon such settlements being approved judgment shall be
rendered thereon and duly entered on the records of said court in the
same manner and to have the same effect as other judgments or as an
award if the settlement is not for a lump sum. The costs of the pro
ceedings which shall not exceed two dollars, shall be borne by the
employer. All moneys voluntarily paid by the employer or insurance *
carrier to an injured employee in advance of agreement or award or
under an approved or vacated agreement or award shall be treated as
advance payments on account of the compensation due.
Temporary toS ec . 13. Following is the schedule of compensation: (a) For injury
tal disability.
producing temporary total disability, fifty (50) per centum of the
average weekly earnings received at the time of injury, subject to a
maximum compensation of twelve dollars ($12) per week, except as
otherwise provided herein and a minimum of five dollars ($5) per
week: Provided, That if at the time of injury the employee receives
average weekly earnings of less than five dollars ($5) per week, then
he shall receive the full amount of such average weekly earnings per
week. This compensation shall be paid during the time of such
disability, not, however, beyond three hundred weeks. Pay
ments to be made at the intervals when the earnings were payable, as
*
nearly as may be.
Partial disabil(5) i n all cases of temporary partial disability the compensation
ty'
shall be fifty (50) per centum of the difference between the average
weekly earnings of the workmen at the time of the injury and the
average weekly earnings he is able to earn in his partially disabled
condition. This compensation shall be paid during the period of
such disability, not, however beyond three hundred weeks, payments
to be made at the intervals when the earnings were payable as nearly
as may be and subject to the same maximum as stated in clause (a).
If the injured employee who is receiving such compensation for tem
porary partial disability should leave the employment of the employer
by whom he was employed at the time of the accident for which such
compensation is being paid, he shall, upon securing employment else
where, give to such former employer an affidavit in writing containing
the name of his new employer, the place of the employment and the
amount of wages being received at such new employment and until
he gives such affidavit the compensation for temporary partial dis
ability shall cease. The employer by whom such employee was
employed at the time of the accident for which such compensation
is being paid may also at any time demand of such employee, addi
tional affidavit in writing containing the name of his employer, the
place of his employment and the amount of wages he is receiving and
if the employee, upon such demand, fails or refuses to make and fur
nish such affidavit his right for compensation for temporary partial
,
disability shall cease until such affidavit is made and furnished.
Schedule l o r
(c) For permanent partial disability the compensation shall be
specmea injuries. b ase(j Upon the extent of such disability. In cases included by the
following schedule the compensation shall be that named in the
schedule, to-wit: For the loss of a thumb, fifty per centum of the
average weekly earnings during sixty (60) weeks. For the loss of a
first finger, commonly called index finger, fifty per centum of the
average weekly earnings during thirty-five weeks (35) weeks. For
the loss of a second finger, fifty per centum of the average weekly earn
ings during thirty (30) weeks. For the loss of a third finger, fifty per
centum of the average weekly earnings during twenty (20) weeks. For
the loss of a fourth finger, commonly called little finger, fifty per centum
of the average weekly earnings during fifteen (15) weeks. The losa
of the first phalange of the thumb, or of any finger, shall be consid
ered as equal to the loss of one-half of such thumb or finger, and

TEXT OF LAW S— ALABAMA.

271

compensation shall be paid at the prescribed rate during one-half of
the time specified above for such thumb or finger. The loss of two
or more phalanges shall be considered as the loss of the entire finger 01*
thumb: Provided, however, That in no case shall the amount received
for more than one finger exceed the amount provided in this schedule
for the loss of a hand. For the loss of a great toe, fifty per centum of
the average weekly earnings during thirty (30) weeks. For the loss
of one of the toes other than the great toe, fifty per centum of the aver
age weekly earnings during ten^ (10) weeks. The loss of the first
phalange of any toe shall be considered to be equal to the loss of onehalf of such toe, and compensation shall be paid at the prescribed
rate during one-half the time prescribed above for such toe. The
loss of two or more phalanges shall be considered as the loss of the
entire toe. For the loss of a hand, fifty per centum of the average
weekly earnings during one hundred and fifty (150) weeks. For
the loss of an arm, fifty per centum of the average weekly earnings
during two hundred (200) weeks. For the loss of a foot, fifty per
centum of the average weekly earnings during one hundred and
twenty-five (125) weeks. For the loss of a leg fifty per centum of
the average weekly earnings during one hundred and seventy-five
(175) weeks. Foi the loss of an eye, fifty per centum of the average
weekly earnings during one hundred (100) weeks. For the complete
and permanent loss of hearing in both ears, fifty par centum of the
average weekly earnings during one hundred and fifty (150) weeks.
For the loss of an eye and a leg, fifty per centum of the average weekly
earnings during three hundred and fifty (350) Weeks. For the loss of
an eye and an arm, fifty per centum of the average weekly earnings
during three hundred ana fifty (350) weeks. For the loss of an eye
and a hand fifty per centum of the average weekly earnings during
three hundred and twenty-five (325) weeks. For the loss of an eye
and a foot, fifty per centum of the average weekly earnings during
three hundred (300) weeks. For the loss of two arms other than at
the shoulder, fifty per centum of the average weekly earnings during
four hundred (400) weeks. For the loss of two hands, fifty per centum
of the average weekly earnings during four hundred (400) weeks.
For the loss of two legs fifty per centum of the average earnings during
four hundred (400) weeks. For the loss of two feet, fifty per centum
of the average weekly earnings during four hundred (400) weeks.
For the loss of one arm and the other hand, fifty per centum of the
average weekly earnings during four hundred (400) weeks. For
the loss of one hand and one foot, fifty per centum of the average
weekly earnings during four hundred (400) weeks. For the loss of
one leg and the other foot, fifty per centum of the average weekly
earnings during four hundred (400) weeks. For the loss of one leg
and one hand, fifty per centum of the average weekly earnings dur
ing four hundred (400) weeks. For the loss of one arm and one foot,
fifty per centum of the average weekly earnings during four hundred
(400) weeks. For the loss of one arm and one leg, fifty per centum of
the average weekly earnings during four hundred (400) weeks. Where
an employee sustains concurrent injuries resulting in concurrent. Concurrent in
disabilities, he shall receive compensation only for the injury whichjunes*
produced the longest period of disability, but this section shall not
affect liability for the concurrent loss of more than one member for
which, member, compensation is provided in the specific schedule
in subsection (d) below. In all cases the permanent and total loss Loss of use.
of the use of a member shall be considered as equivalent to the loss
of that member, but in such cases the compensation in and by said
schedule shall be in lieu of all other compensations. In cases of
permanent disability due to injury to a member resulting in less than
total loss of use of such member not otherwise compensated in this
schedule, compensation shall be paid at the prescribed rate during
that part of the time specified in the schedule for the total loss or total
loss of use of the respective member, which the extent of the injury
to the member bears to its total loss. If an injured employee refuses Refusing cmemployment suitable to his capacity, offered to or procured for him, p y m
he shall not be entitled to any compensation at any time during the
continuance of snch refusal, unl^«s at any time in the opinion of the

272

w o r k m e n ’s c o m p e n s a tio n la w s o f t h e u n it e d s t a t e s .

judge of the circuit court of the county of his residence such refusal
is justifiable. All compensations provided in clause (c) of this sec
tion for loss of members, or loss of use of members, are subject to the
same limitations as to maximum and minimum as are stated in clause
(a). In all other cases of permanent partial disability not above
enumerated, the compensation shall be fifty per centum of the dif
ference between the average weekly earnings of the workman at the
time of the injury and the average weekly earnings he is able to earn
in his partially disabled condition, subject to a maximum of twelve
($12) per week as otherwise provided herein. Compensation shall
continue during disability^ not, however, beyond three hundred
(300) weeks. In case the injured employee leaves the services of the
employer for whom he was working at the time of the accident and
accepts employment elsewhere he shall make and furnish affidavit
as to his new employment in the manner as required in subsection
(b) of section 13 hereof.
permanent to- (d) For permanent total disability as defined in subsection (e)
tal disability.
below, fifty per centum of the average weekly earnings received at
the time of the injury subject to a maximum compensation of twelve
dollars ($12) per week except as otherwise provided herein and a
minimum compensation of five dollars ($5) per week: Provided, That
if at the time of injury the employee was receiving earnings of less
than five dollars ($5) per week, then he shall receive the full amount
of his earnings per week. This compensation shall be paid during such
permanent total disability, not exceeding five hundred and fifty
(550) weeks; but in all such cases drawing more compensation than
five dollars ($5) per week, the payment after the first four hundred (400)
weeks shall be reduced to five dollars ($5) per week for the remainder
of the five hundred and fifty weeks (550) weeks, while the permanent
total disability continues; payment to be made at the intervals when
the earnings was payable as nearly as may be: Provided, however,
Such payments with the approval of the circuit judge may be made
monthly or quarterly. The total amount of compensation payable
under this^ subsection shall not exceed five thousand (5,000) in any
case: Provided, however, That in case an employee, who is perma
nently and totally disabled becomes an inmate of a public institution,
then no compensation shall be payable unless he has wholly depen
dent on him for support a person or persons named in subsection (1),
£2), and (3) of section 14 (whose dependency shall be determined as
if the employee were deceased), in which case the compensation
provided for in this subsection shall be paid_ for the benefit of such
person so dependent, during dependency, in the manner ordered
by the court, while the employee is an inmate of such institution.
(e) The total and permanent loss of the sight of both eyes, or the loss
of both arms at the shoulder, or complete and permanent paralysis or
total and permanent loss of mental faculties, which totally incapaci
tates the employee from working at an occupation which brings him
an income shall constitute permanent total disability.
Second injuries. ( e ) l . If an employee has a permanent disability or has previously
sustained another injury than that in which he received a subsequent
permanent injury by accident such as is specified in the sections
herein defining permanent injury he shall be entitled to compensation
only for the degree of injury that would have resulted from the latter
accident if the earlier disability or injury had not existed.
(e)
1§. If an employee has previously lost the sight of one eye or
lost one leg or lost one arm, and thereafter in the same employment or
in the employment of another he should by accident receive additional
injuries so as to proximately cause the loss of the sight of both eyes
or the loss of both legs or the loss of both arms said employee shall
receive three-fourths of the amount provided hereunder for one who
has received a permanent total disability and there shall be credited
on said three-fourths amount any payments which said employee
had received or may receive for his first disability.
(e)
2. For permanent total disability other than as defined in sub
section (e) fifty per centum of the average weekly earnings received
at the time of injury subject to a maximum compensation of twelve
dollars ($12) per week and a minimum compensation of five dollars

TEXT OF LAW S— ALABAMA.

273

($5) per week: Provided, That if.at the time of injury the employee was
receiving earnings of less than five dollars ($5) per week, then he shall
receive the full amount of his earnings per week. This compensation
shall be paid during the period of such permanent disability not
exceeding four hundred (400) weeks; payments to be made at the
intervals when the earnings were payable as nearly as may b e: Pro
vided, however. Such payments with the consent of the circuit judge
may be made monthly or quarterly.
(e)
3. If an employee received an injury for which compensation
is payable^ while he is still receiving or entitled to compensation
for a previous injury in the same employment, he shall not at the
same time be entitled to compensation for both injuries, unless the
later injury be a permanent injury, such as specified in section 13; but
he shall be entitled to compensation for that injury and from the time
of that injury which will cover the longest period and the largest
amount payable under this act.
(e)
4. If an employee receives a permanent injury as specified in
section 13 after having sustained another permanent injury in the
same employment, he shall be entitled to compensation for both
injuries, but the total compensation shall be paid by extending the
period and not by increasing the amount of weekly compensation, and
in no case exceeding five hundred weeks. When the previous and sub
sequent permanent injuries received in the same employment result
in total disability compensation shall be payable for permanent total
disability, but payments made for the previous injury shall be de
ducted from the total payment of compensation due.
( f ) In case a workman sustains an injury occasioned by an accident Subsequent
arising out of and in the course of his employment and during the
period of disability caused thereby death results proximately there
from, all payments previously made as compensation for such injury
shall be deducted from the compensation, if any, due on account of
death.
(/) 1. In all claims for compensation for hernia resulting from injury Hernia,
by an accident arising out of and in the course of his employment it
must be definitely proved to the satisfaction of the court:
First. That there was an injury resulting in hernia.
Second. That the hernia appeared suddenly.
Third. That it was accompanied by pain.
Fourth. That the hernia immediately followed 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 proved to be the
result of an injury by accident arising out of and in the course of the
employment shall be treated in a surgical manner by radical operation.
In case the injured employee refuses to undergo the radical operation
for the cure of said hernia, no compensation will be allowed during the
time such refusal continues. If, however, it is shown that the em
ployee has some chronic disease, or is otherwise in such physical con
dition that the court considers it unsafe for the employee to undergo
said operation, the employee shall be paid as otherwise provided
herein.
(g) Compensation hereunder shall be computed on the basis of the Wage basis
average weekly earnings. “ Average weekly earnings ” shall mean the
earnings of the injured employee in the employment in which he was
working at the time of the injury during the period of fifty-two weeks
immediately preceding the date of the injury divided by fifty-two; but
if the injured employee lost more than seven consecutive calendar days
during such period although not in the same week, then the earnings
for the remainder of such fifty-two weeks shall be divided by the num
ber of weeks remaining after the time so lost has been deducted Where
the employment prior to the injury extended over a period of less than
fifty-two weeks, the method of dividing the earnings during that period
by the number of weeks and parts thereof which the employee earned
wages shall be followed, provided results just and fair to both parties
will thereby be obtained. Where by reason of the shortness of the time
177982°— 21— Bull. 272 ------ 18

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during which the employee has been in the employment of his em
ployer, or the casual nature or terms of the employment, it is imprac
ticable to compute the average weekly earnings as above defined, regard
shall be had to the. average weekly amount which during the fifty-two
weeks prior to the injury was being earned by a person in the same
grade, employed at the same work by the same employer, and if there
is no such person so employed, by a person in the same grade employed
in the same class of employment in the same district. Wherever allow
ance of any character made to an employee in lieu of wages are specified
as part of the wage contract, they shall be deemed a part of his earnings.
Additional al- (h) Wherever in this section there is a provision for fifty (50) per
lowance for chil- centum such per centum shall be increased five (5) per centum for each
en*
totally dependent child of the employee under the age of eighteen years
at the time of the injury to the employee until sucn per centum shall
reach a maximum of sixty (60) per centum. (2) Wherever in this sec
tion a weekly maximum compensation of twelve dollars ($12) is pro
vided such maximum compensation shall be increased in the following
cases to the following amounts: Thirteen ($13) dollars in case of an
employee with one totally dependent child under the age of eighteen
years at the time of the injury to the employee. Fourteen ($14) dollars
in case of an employee with two totally dependent children under the
age of eighteen years at the time of the injury to the employee. Fifteen
($15) dollars in case of an employee with three or more totally depend
ent children under the age of eighteen years at the time of the injury to
the employee. The increase in the above per centum and in the maxi
mum amount shall be paid only so long as the child upon which the
increase is based remain Under the age of eighteen years.
Dependents.
S ec. 14. ( 1 ) Wife and children conclusively presumed wholly de
pendent; when. For the purposes of this act the following described
persons shall be conclusively presumed to be wholly dependent:
(a) Wife, unless it be known that she was voluntarily living apart
from her husband at the time of his injury or death or unless it be shown
she was not married to the deceased at the time of the accident or for a
reasonable period prior to his death, or unless it be shown that the hus
band was not in any way contributing to her support.
( b) Children between sixteen and eighteen years of age or those
over eighteen, if physically or mentally incapacitated from earning,
shall prima facie, be considered dependent.
Total depend- (3) Wife, child, husband, mother, father, grandmother, grandfather,
ents.
sister, brother, mother-in-law and father-in-law who were wholly sup
ported by the deceased workman at the time of his death ana for a
reasonable period of time immediately prior thereto shall be considered
his total dependents, and payment of compensation shall be made to
them in the order named.
Partial depend(3A) Any member of a class named in subdivision (3)) who
ents*
regularly derived part of his support from the earnings of the
deceased workman at the time of nis death and for a reasonable
period of time immediately prior thereto, shall be considered his partial
dependent and payment of compensation shall be made to such partial
dependents in the order named.
Death benefits.
(4) In death cases where the death results proximately from the
accident within three years compensation payable to dependents shall
be computed on the following basis and snail be paid to the persons
entitled thereto without administration.
(5) If the deceased employee leave a dependent widow or dependent
husband and no dependent child, there shall be paid to the widow
thirty per centum of the average weekly earnings of deceased.
(6) If the deceased employee leave a dependent widow or dependent
husband and one dependent child, there shall be paid to the widow for
the benefit of herself and such child forty per centum of the average
weekly earnings of the deceased.
(7) If the deceased employee leave a dependent widow or dependent
husband and either two or three dependent children, there shall be paid
to the widow for the benefit of herself and such children fifty per centum
of the average weekly earnings of the deceased.
(8) If the deceased employee leave a dependent widow or dependent
husband and four or more dependent children, there shall be paid

TEXT OF LAWS— ALABAMA.

275

to the widow for the benefit of herself and such children sixty per
centum of the average weekly earnings of the deceased.
(8A) In all cases where compensation is payable to a widow for the
benefit of herself and dependent child or children the court shall have
power to determine in its discretion what portion of the compensation
shall be applied for the benefit of any such child or children and may
order the same paid to a guardian.
(9) In case of remarriage of a widow of an employee who had depend
ent children, the unpaid balance of compensation" which would other
wise become due to her, shall be paid to such children.
(10) If the deceased employee leave a dependent orphan, there shall
be paid thirty per centum of the average weekly earnings of deceased,
with ten per centum additional for each additional orphan with a
maximum of sixty per centum of such wages.
(11) If the deceased employee leave a dependent husband and no
dependent child, there shall be paid to the husband twenty-five per
centum of the average weekly earnings of the deceased.
(12) If the deceased employee leave no widow or child or husband
entitled to any payment hereunder, but should leave a parent or parents,
either or both of whom are wholly dependent on the deceased, there
shall be paid if only one parent, twenty-five per centum of the average
Weekly earnings of the deceased and if both parents, thirty-five per
centum of the average weekly earnings of the deceased to such parent
or parents.
(13) If the deceased leave no dependent widow or dependent child
or husband or parent entitled to any payment hereunder, but leaves a
grandparent, brother, sister, mother-in-law or father-in-law wholly
dependent on him for support, there shall be paid such dependent,
if but one, twenty per centum of the average weekly earnings of the
deceased, or if more than one, twenty-five per centum of the average
weekly earnings of the deceased, divided between or among them
share and share alike.
(14) If compensation is being paid under part 2 of this act to any
dependent, such compensation shall cease upon the death or marriage
of such dependent, and the dependency of a child shall terminate with
the age of 18 unless otherwise provided herein.
(15) Partial dependents shall be entitled to receive only that Partial de
proportion of the benefits provided for actual dependents which the p
Saverage amount of the earnings regularly contributed by the deceased
to such partial dependent, at and for a reasonable time immediately
prior to the injury bore to the total income of the dependent during
the same time.
(16) In all cases where death resulted to an employee caused by an Burial ,etc.
accident arising out of and in the course of his employment the em
ployer shall pay, in addition to the medical and hospital expenses
provided for in section 18 the expense of last sickness, and burial,
not exceeding in amount one hundred dollars ($100), except in cases
where an insurer of the deceased or a benefit association is liable
therefor, or for a part thereof, in such case the employer shall not be
required to pay any part of such expense, for which such insurer or
benefit association is liable unless such non-payment by the employer
would diminish the benefits received by the dependent of the de
ceased from any such insurer or benefit association. In case dispute
arises as to the reasonable value of the services rendered in connection
with the last sickness and burial, the same shall be approved by
the court before payment, after such reasonable notice to interested
parties as the court may require. If the deceased leaves no depend
ents no compensation shall be payable, except as provided by this
subsection.
(17) The compensation payable in case of death wholly dependent Limitations on
shall be subject to maximum compensation of twelve dollars ($12) per payme
week and a minimum of five dollars ($5) per week: Provided, That if at
the time of injury the employee receives earnings of less than five
dollars ($5) per week, then the compensation shall be the full amount
of such earnings per week. The compensation payable to partial
dependents shall be subject to a maximum of twelve dollars ($12)
per week and a minimum of five dollars ($5) per week: Provided, That

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if the income loss of the said partial dependents by such death is less
than five dollars ($5) per week, th^n the dependents shall receive the
full amount of their income loss. This compensation shall be paid
during dependency not exceeding three hundred (300) weeks, payments
to be made at the interval when the earnings were payable as nearly as
may be.
(18) In computing and paying compensation to orphans or other
children, in all cases, only those under eighteen years of age, or those
over eighteen years of age, who are physically or mentally incapacitated
from earning, shall be included; the former to receive compensation
only during the time they are under eighteen, the latter for the time they
are so incapacitated, within the period of three hundred (300) weeks.
(19) Total dependents shall be entitled to take compensation in
the order named in subsection (3) above, until the per centum of the
average weekly earnings of the deceased during the time and as specified
in subsection (17) shall have been exhausted; but the total compensa
tion to be paid to all total dependents of a deceased employee shall
not exceed in the aggregate twelve dollars ($12) per week, except as
otherwise provided herein.
Preexisting con(20) If the degree or duration of disability resulting from an acciditions.
dent is increased or prolonged^ because of a preexisting injury or in
firmity the employer shall be liable only for the disability that would
have resulted from the accident had the earlier injury or infirmity not
existed.
Additional ai(21) Wherever in this section there is a provision for fifty (50) per
lowanee for chii- centum such per centum shall be increased five (5) per centum for
each totally dependent child of the deceased employee under the age
of eighteen years at the time of the death of the employee until such
per centum shall reach a maximum of sixty (60) per centum. Wher
ever in this section a weekly^ maximum compensation of twelve ($12)
dollars is provided such maximum compensation shall be increased in
the following cases to the following amounts: Thirteen ($13) dollars
in case the deceased employee leaves one totally dependent child
under the age of eighteen years at the time of the injury to the deceased
employee. Fourteen ($14) dollars in case the deceased employee
leaves two totally dependent children under the age of eighteen years
at the time of the injury to the deceased employee. Fifteen ($15)
dollars in case the deceased employee leaves three or more totally
dependent children under eighteen years of age at the time of the in
jury to the deceased employee. The increase in the above per centum
ana in the maximum amount shall be paid only go long as the child
upon which the increase is based remains under the age of eighteen
years.
Limit on pay- S ec . 141. In no case hereunder except as otherwise provided herein
mentsshall the compensation paid hereunder be more than twelve ($ 12) dollars
per week, nor (except as herein otherwise provided), less than five ($5)
dollars per week, and in no case shall the total amount of compensation
exceed five thousand ($5,000) dollars.
Payments.
S ec . 15. If compensation is being paid under this act to any depend
ent, such compensation shall cease upon the death or marriage of such
dependent. ^Where compensation is being paid under this act to any
dependent, in no event shall such dependents receive more than the
proportion which the amount received of the deceased employee’s
income during his life bears to the compensation provided hereunder.
Joint employS ec . 16. In case any employee for whose injury or death compensaers*
tion is payable under part 2 of this act shall, at the time of the injury,
be employed and paid jointly by two or more employers subject to
this act, such employers shall contribute the payment of such compen
sation in the proportion of their several earnings liablility to such em
ployee. If one or more but not all of such employers should be sub
ject to part 2 of this act, and otherwise subject to liability for com
pensation hereunder, then the liability of such of them as are so sub
ject, shall be to pay the proportion of the entire compensation which
their proportionate earnings liability bears to the entire earnings of
the employee: Provided, however, That nothing in this section shall
prevent any arrangement between such employers for a different dis-

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277

tribution, as between themselves, of the ultimate burden of such
compensation.
S ec . 17. In case of temporary total or temporary partial disability Waiting time,
no compensation shall be allowed for the first two weeks after disability
except as provided by section 18, nor in any case unless the employer
has actual knowledge of the injury or is notified thereof within the
period specified in section 19. Compensation shall begin with the third
week and in the event the disability from the injury exists for a period
as much as four weeks compensation for the first two weeks after the
injury shall be added to and payable with the first installment due
the employee after the expiration of the four weeks.
S e c . 18. In addition to the compensation herein provided the em- Medical, etc.,
ployer shall pay the actual cost of reasonably necessary medical and
•
surgical treatment and attention, medicine, medical and surgical sup
plies, crutches and apparatus, as may be obtained by the injured em
ployee during the first sixty (60) days of disability (or in case of death
within said sixty (60) days, obtained during the period occurring be
tween the time of the injury and his death therefrom): Provided, how
ever, That the total liability of the employer under this section shall
not exceed the^ aggregate of one hundred dollars, and further, that the
pecuniary liability of the employer for such services rendered the em
ployee shall be limited to such charges as prevail for similar treatment
m the community where the injured employee resides. All cases of
dispute as to the value of such services shall be determined by the tri
bunal having jurisdiction of the claim of the injured employee for com
pensation : And provided, further, That (except in an emergency it is
necessary; or in the event medical and surgical service and attention
is not readily obtainable, under contract for same; or the employer
does not promptly furnish the same, as hereinafter provided), if the
employer shall furnish, free of charge to the injured employee such
medical and surgical treatment and attention, medical and surgical
supplies, crutches and apparatus, he shall not be liable under this
section, except for that he may fail to furnish: And provided, further,
In the event the injured employee obtains the same under a contract
between him and another (or the employer), existing at the time of the
injury, the employer shall be liable to pay (or repay, as the case may
be), only the cost of the same under the terms of said contract, but in
no event to exceed the aggregate of one hundred dollars as hereinabove
provided: Provided, further, That the employer may, if he so elects,
furnish proper and efficient medical and surgical treatment and atten
tion and services herein provided for free of charge to the injured em
ployee during such sixty (60) days or such time thereafter as he desires
to furnish the same, and such employees shall accept the same. The
injured employee must submit himself to the examination by the
employer’s physician at all reasonable times if requested to do so by . Physical examthe employer, but the employee shall have the right to have a physician matlonof his own selection present at such examination, in which case the
employee shall be liable to such physician for his services. The
employer shall pay for the services of the physician making the exami
nation at the instance of the employer. And in case of dispute as to
the injury, the court may, at the instance of either party or of its own
motion, appoint a neutral physician of good standing and ability to
make an examination of the injured person and report his findings to
the court, the expense of which examination shall be borne equally by
the parties. If the injured employee refuses to comply with any
reasonable request for examination, or refuses to submit to medical ana
surgical treatment and attention or refuses to accept the medical service
which the employer elects to furnish under the provisions of this act,
his right to compensation shall be suspended, and no compensation
shall be payable for the period of such refusal. Any physician whose
services are furnished or paid for by the employer, or any physician of
the injured employee, and who treats or makes or is present at any
examination of an injured employee may be required to testify as to
any knowledge by him in the course of such treatment or examination
as same relates to the injury or disability arising therefrom. In all
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interested party may require an autopsy, the cost of which is to *ba
borne by the party demanding the same.
Notice of acciS ec . 19. Every injured employee or his representative shall within
dent‘
five days after the occurrence of an accident give or cause to be given
to the employer written notice of the accident and the employee if he
fails to give such notice shall not be entitled to physicians or medical
fees nor any compensation which may have accrued under the terms of
this act, unless it can be shown that the party required to give such
notice had been prevented from doing so by reason of physical or mental
incapacity, other than minority, or fraud or deceit, or equal good reason,
but no compensation shall be payable unless such written notice is
iven within ninety days after the occurrence of the accident, or where
eath results within ninety (90) days after the death.
Form, etc.
S e c . 20. The notice referred to in section 19 may be served person
ally upon the employer, or upon any agent of the employer upon whom
a summons may be served in civil action, or by sending it by registered
mail to the employer at the last known residence or business place
thereof within the State, and shall be substantially in the following
form: Notice—You are hereby notified than an injury was received by
(name) who was in your employ at (place) while engaged as (kind of
work) under the superintendency o f .......... on or about t h e ------ day of
___ , 19.., at about .., o’ clock .. m., and who is now located at (give
town, street and number) that so far as now known, the nature of the
injury w a s .............. and that compensation may be claimed therefor.
(Signed) ............... (Giving address) ................... Dated -----, 19...
But no variation from this form shall be material if the notice is suffi
cient to advise the employer that a certain employee, by name, re
ceived a specified injury in the course of his employment on or about a
specified time, at or near a certain place specified.
Action in one
S e c . 20a. In case of a personal injury all claims for compensation shall
year*
be forever barred unless within one year after the accident the parties
shall have agreed upon the compensation payable under this act or un
less within one year after the accident one of the parties shall have filed
a verified complaint as provided in section 28 hereof. In case of death
all claims for compensation shall be forever barred unless within one
year after death, when the death results proximately from the accident
within three years, the parties shall have agreed upon the compensation
under this act or unless within one year after such death one of the
parties shall have filed a verified complaint as provided in section 28
hereof. Where, however, payments of compensations have been made
in any case, said limitations shall not take effect until the expiration of
one year from the time of making the last payment. In case of physical
or mental incapacity, other than minority, of the injured person or his
dependents to perform or cause to be performed any act required within
the time in this section specified the period of limitation in any such
case shall be extended to become effective one year from the date when
such incapacity ceases.
Settlement of
S e c . 21. (1) In case of a dispute between employer and employee or
disputes.
between the dependents of a deceased employee and his employer
with respect to the right to compensation under this act or the amount
thereof either party may submit the controversy to the circuit court of
the county which would have jurisdiction of a civil case in tort between
the same parties. Such controversy shall be heard and determined by
such judge or judges of said court as would hear and determine a civil
action between the same parties arising out of tort and in case there is
more than one judge of such court such controversies shall be set and
assigned for hearing under the same rules and statutes that civil actions
in tort are set and assigned; such court is empowered to hear and deter
mine such controversies in a summary manner, that the decision of the
judge hearing the same shall be conclusive and binding between the
parties, subject to the right of appeal in this act provided for. When
willful misconduct on the part of the employee is set up by the employer
as it is provided for herein, the employer may, upon appearing, de
mand a jury to hear and determine, under the direction of the court, the
issues involved in this defense. If the employer fails to demand a
jury upon appearing, the employee may demand a jury to try such
issues by filing his demand within five days after the appearance of the

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employer. When a jury is demanded by either party the court must
submit the issue of fact as to willful misconduct set up by the employer
to the jury, for a special finding of the facts subject to the usual powers of
the court over verdicts rendered contrary to the evidence or the law,
but the judge must determine all other questions involved in the con
troversy without a jury. Upon setting up such defense the employer
must serve a copy of the plea or answer setting up the defense upon the
employee or his attorney of record. For the purpose of hearing and de
termining controversies between employer ana employee or the de
pendents of a deceased employee and the employer, arising under this
act, the circuit couit shall be deemed always in session. (2) If at any
time there are adverse claimants to compensation hereunder the em
ployer in submitting said claim to said circuit court may suggest in
writing said claimants and they shall be required to interplead and
said court shall determine and decree to which claimant or claimants
such compensation is justly due and said employer upon complying
with the order of such judge shall be released from the claims of any
other claimants thereto. From such decree any party aggrieved may
by certiorari within 30 days thereafter appeal to the Supreme Court of
Alabama.
S ec . 22. Compensation for the death of an employee shall be paid
Alien beneonly to dependents who at the time of the death of the injured employee
ies<
were actually residents of the United States. No right of action to
recover damages for the death of an employee shall exist in favor or
for the benefit of any person who was not a resident of the United States
at the time of the death of such employee.
S ec . 23. The amounts of compensation payable periodically here
under, either by agreement of the parties, approved by the court, or
by decision.of the court, may be commuted to one or more lump sum Lump sums,
payments, except compensation due for death or permanent total dis
ability, or for permanent partial disability resulting from total loss of
hearing or from the loss of an arm or a hand or a foot or a leg or an eye or
of more than one such member. These may be commuted only with
the consent of the circuit court. 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 of compensation calculated
on a six per cent basis.
S e c . 24. All amounts paid by the employer and received by the
employee or his dependents under settlements made under section
12b, shall be final; but the amount of any award payable periodically
Review of
for more than six months may be modified as follows: {a) At any time awards*
by agreement of the parties and approved by the court. (b) If the
parties cannot agree, then at any time after six (6) months from the
date of the award an application may be made to the court by either
party on the ground of increase or decrease of incapacity due solely to
the injury. In such case the same procedure shall be followed as in
section 28 in case of disputed claim for compensation.
S e c . 25. At any time after the amount of any award has been agreed P a y m e n t to
upon by the parties, or found and ordered by the court, a sum equal trusteeto the present value of all future installments of compensation calcu
lated on a six per cent basis, may (where death or the nature of the
injury renders the amount of future payments certain) by leave of
court, be paid by the employer to any savings bank or trust company
of this State or any national bank doing business in this State to be
approved and designated by the court, and such sum, together with all
interest thereon, shall thereafter be held in trust for the employee or
the dependents of the employee, who shall have no further recourse
against the employer. The payment of such sum by the employer,
evidenced by the receipts in duplicate of the trustees, one of which
shall be filed with the probate judge of the county in which the injury
or death occurred, and the other filed with the clerk of the circuit
court, shall operate as a satisfaction of said award as to the employer.
Payments from said fund shall be made by the trustee in the same
amounts and at the same time as are herein required of the employer
until said fund and interest shall be exhausted. In the appointment
of the trustee, preference shall be given, in the discretion of the court,
to the choice of the injured employee or the dependents of the de-

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ceased employee, as the case may be: Provided, further, That in the
event the right to receive compensation should terminate on account
of death, becoming of age, or marriage or for any other cause as provided
in this act the balance remaining in said bank or trust company after
such termination shall be returned by them to the employer, his suc
cessors or assigns.
Security of pay- S e c . 26. In all cases in which the award or judgment is payable in inments*
stallments and default has been made in the payment of any installment,
the owner or interested party may, upon the expiration of thirty days
from said default and upon five days’ notice to the defaulting employer
or defendant, move for a modification of the judgment or award b y
ascertaining the cash or present value of same, under the rule of com
putation contained in section 25, and upon which execution may issue
unless the defaulting employer enter into a good and sufficient bond,
to be approved by the circuit judge, securing the payment of all future
installments, and forthwith pay all past due ones with interest thereon
since due. Said bond to be recorded upon the minutes of the circuit
court. Claims for compensation or awards, or judgments or agreements
to pay compensation owned by an injured employee or his dependents
shall not be assignable and shall be exempt from seizure or sale or
garnishment for the payment of any debt or liability. There shall be
no right to waive this exemption.
Payments pre- S e c . 27. The right to compensation and of compensation awarded
ferred.
anyinjured employee or for death claims to his dependents shall have
the same preference against the assets of the employer as other unpaid
wages for labor; but such compensation shall not become a lien upon
the property of third persons by reason of such preference.
Procedure.
S e c . 28. Procedure in cases of dispute shall be as follows: Either
party to a controversy arising under this act may file a verified complaint
m the circuit court of the county which would have jurisdiction of
an action between the same parties arising out of tort which shall set
forth the names and residences of the parties and the circumstances
relating to the employment at the time of the injury with a full descrip
tion of the injury, its nature and extent, the amount of the average
earnings received by the employee which would affect his compensa
tion under this act, the knowledge of the employer of the injury or the
notice to him thereof, which must be of the kind provided for in this
act, and such other facts as may be necessary to enable the court to
determine what, if any, compensation the employee, or in case of a
deceased employee, his dependents, are entitled to under this act.
The complaint shall be filea with the clerk of the court and upon serv
ice of such complaint, as hereinafter provided for, any judge of such
court shall make an order fixing the time and place for the hearing
thereof, which time shall be not less than thirty days after the service
of summons to the employer as hereinafter provided for. Summons
to answer such complaint shall be issued by the clerk, accompanied
by a copy of the complaint, both of which shall be served by the
sheriff upon the employer. Within five days prior to the date fixed for
the hearing of the controversy the employer shall file a verified answer
to the complaint setting up the facts which he relies on in defense
thereof. At the time fixed for hearing, or any adjournment thereof,
the court shall hear such witnesses as may be presented by each party,
and in a summary manner without a jury, unless one is demanded to
try the issue of willful misconduct on the part of the employee decide
the controversy. This determination shall be filed in writing with
the clerk of the said court, and judgment shall be entered thereon in
in the same manner as in causes tried in the said circuit court, and
shall contain a statement of the law and facts and conclusions as deter
mined by said judge. Subsequent proceedings thereon shall only be for
the recovery of moneys thereby determined to be due: Provided, That
nothing herein contained shall be construed as limiting the jurisdic
tion of the Supreme Court or Court of Appeals to review questions of
law by certiorari. Costs may be awarded by said court in his discre
tion, and when so awarded the same costs^shall be allowed, taxed and
collected as for like services and proceedings in civil cases: Provided,
That if it shall appear that the employer, prior to the commencement of

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the action, made to the person or persons entitled thereto a written
offer of compensation in specific terms, which terms were in accordance
with the provisions of this act, then no costs shall be awarded or taxed
against such employer. Whenever any decision or order is made and
filed by the court upon any matter arising under part 2 of this act, the
clerk of the court shall forthwith make and forward to the judge of
probate of the county in which the complaint was filed a certified
copy of such decision or order with any memorandum of the judge and
of any judgment entered. ^No fee or other charge shall be collected
therefor: Provided, The plaintiff or owner of any judgment so certified
may have the same registered by the probate judge upon the payment
of the fee now fixed by law for registering judgments, and the same
shall become a lien in like manner as other registered judgments,
unless the same is made a preferred lien by other provisions of some
law. When the judgment, however, is for a sum not due, that is pay
able periodically, the defendant may discharge the registered lien by
giving a bond for the payment of same to be approved by the probate
judge and recorded and for which he shall receive the same for regis
tration: And provided further, That 110 execution shall issue where such
judgment is payable periodically unless default is made in the pay
ment of one or more of said periodical payments.
S e c . 28A. Any judgment rendered under the provisions of this act, Judgments,
either by award or by settlement, and entered on the minutes of any
court shall be by said court discharged and marked satisfied upon pre
sentment to said court or the clerk thereof of a release or discharge of
said judgment executed by the party in whose favor the same runs, and •
acknowledged in the same manner as conveyances are acknowledged,
or, upon presentment by the employer or his representative, of an affi
davit that said, judgment has been in accordance with its terms fully
satisfied and discharged, together with satisfactory proof in the way of
vouchers or checks duly endorsed by the party in whose favor said
judgment ran.
S ec . 29. Every right of action for death by wrongful act or for injury Existing rights
by negligence accruing to an injured employee prior to the takingof actlon*
effect of this act is continued and preserved under the existing law.
S e c . 30. Every employer who accepts the provisions of this act Insurance,
relative to the payment of compensation may at his option insure and
keep insured his liability thereunder in some insurance corporation,
association, organization or insurance association or corporation or
association formed of employers and workmen or formed by a group
of employers to insure the risks under part 2 of this act operating by the
mutual assessment or other plans or otherwise: Provided, Such insurance
association, organization or corporation shall have first had its contract
and plan of business approved in writing by the commissioner of
'insurance of Alabama and have been authorized by said insurance com
missioner to transact the business of workman’s compensation insurance
in this State and under such charter or plan. Those writing such
insurance shall in every case be subject to the conditions of this section
hereinafter named. Nothing herein contained shall prevent an
employer from insuring only a particular class or classes of employees
or class, form or kind of risks all or any part thereof or from limiting
such insurance either as to maximum or taking out insurance policies
with such other limitations as are authorized by law, or from carrying
catastrophe insurance. Such policies shall contain a clause to the
effect that as between the workman and the insurer, 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 jurisdic
tion of the employer for the purposes of this act shall be jurisdiction of
the insurer, and that the insurer will in all things be bound by and
subject to the awards, adjudgment or judgment rendered against such
employer upon the risks so insured. Such policies must provide that
the workman shall have equitable lien upon any amount which shall
become owing on account of such policy to the employer from the
insurer, and in case of the legal incapacity or inability of the employer
to receive the said amount and pay it over to the workman or depend
ents, the said insurer will pay the same direct to the said workman or

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dependents, thereby discharging all obligations under the policy to the
employer and all of the obligations of the employer and the insurer to
the workman, but such policies shall contain no obligations 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 compensation remains owing. The insurer
must be one authorized b y law to conduct such business in the State
of Alabama, 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 conditions in this section provided. Every insurance cor
poration, mutual corporation, reciprocal exchange or association
authorized to transact the business of workmen’s compensation insur
ance in this State and which insures employers against liability for
compensation under the provisions of this act shall file with the insur
ance commissioner its classification of risks and premiums relating
thereto and any subsequent proposed classification of risks and pre
miums, together with the basic rates and merit rating schedules, if a
system of schedule rating or merit rating be used by such insurance
corporation, exchange or association, none of which shall take effect
until the insurance commissioner shall have approved the same as
reasonable, adequate and not excessive. And within ten days after
such approval of said rates, schedules and system of schedule merit
rating by said insurance commissioner, he shall make or cause to be
made, a sufficient number of printed or typewritten copies of same, for
such purpose, and shall mail at least one copy of each of the same to
every insurance carrier writing workmen’s compensation business in
the State of Alabama, at its last address, or at the last address of its
designated agent to receive the same, left in writing by such carrier
with said insurance commissioner. And every such insurance carrier
shall (or if such insurance carrier be a member of or associated with a
rating or inspection bureau, either or both of them or a concern or
aggregation of like character, it shall cause such rating and inspection
bureau, either or both, or concern or aggregation of like character with
which it is affiliated to do so) file with the insurance commissioner a
full and complete statement of the actuarial and underwriting expe
rience, data and the like in its possession, from which and upon which
said rates, schedules and systems so filed were ascertained, calculated
and constructed, and within six months after the expiration of each suc
ceeding six months, file a like statement of all actuarial and underwrit
ing data and the like, pertaining to such rates, schedules and system,
accumulated or acquired by it during the preceding six months. Upon
failure to file said statement within the time specified above, said
rates, schedules or systems may be presumed by the insurance commis
sioner, without more [examination] to be excessive^ unreasonable or.
inadequate to prove the necessary reserves, or discriminatory as the
case may be. The insurance commissioner may withdraw his approval
of any premium rate or schedule made by any such insurance corpora
tion, association, mutual corporation or reciprocal exchange if in his
judgment such premium rate or schedule is excessive or unreasonable
or discriminatory or is inadequate to provide the necessary reserves.
Nothing in this act contained or in any other law of this State shall
affect the right of any insurance corporation,or any mutual or reciprocal
insurance corporation or association to issue participating policies or
contracts and to pay savings, refunds or dividends upon such policies
or contracts. 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
unless such agreement between the employer and employee the plan of
which is part of a contract [is] approved in writing by the commissioner
of insurance of the State of Alabama. But it shall be lawful for the
employer and the workman to agree to carry the risks covered by part 2
of this act in conjunction with other and greater risks and providing
other and greater benefits such as additional compensation, accident,
sickness or old age insurance or benefits, and the fact that such plan
involves a contribution by the workman shall not prevent its validity
if such plan has been approved in writing by the commissioner of
ineurance of Alabama. Any employer who shall make any charge or

TEXT OF LAW S— ALABAMA.

283

deduction prohibited by this section shall be guilty of a misdemeanor.
If the employer shall insure to his employees the payment of the com
pensation provided by part 2 of this act and according to the full bene
fits thereof and with full coverage under this act in a corporation or
association authorized to do business in the State of Alabama and
approved by the commissioner of insurance of the State of Alabama,
and if the employer shall post a notice or notices in a conspicuous
place or in conspicuous places about his place of employment, stating
that he is insured and by whom insured, and if the employer shall
further file a copy of such notice with the commissioner of insurance,
then, and in such case, any suits or actions brought by an injured
employee or his dependents shall be brought directly against the
insurer, and the employer or insured shall be released from’any further
liability: Provided, That in case of insolvency or bankruptcy of such
insurance company or in case it can not be reached by due diligence by
process in this State, the employer shall not be released from liability
under the provisions of this act: And provided further, That should any
recovery had in excess of the amount of the insurance carried the
employer shall be liable for such excess. The return of any execution
upon any judgment of an employee against any such insurance com
pany unsatisfied in whole or in part shall be conclusive evidence of the
insolvency of such insurance company for the purpose of this act 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 employee against the employer in the first
instance or against such employer and insurance company jointly or
severally or in any pending proceeding against any insurance company,
the employer may be joined at any time after such adjudication.
S ec . 31. (1) Any person who creates or carries into operation any Evading profraudulent scheme, artifice or device to enable him to execute work Visi0ns of ^
without himself being responsible to the workman for the provisions of
this act, shall himself be included in the term 11employer,” and be
subject to all the liabilities of employers under this act. "But this sec
tion shall not be construed to cover or mean an owner who lets a con
tract to a contractor in good faith, nor to a contractor who, in good faith,
lets to a subcontractor a portion of his contract: Provided, however, That
no person shall be deemed a contractor or subcontractor so as to make
him liable to pay compensation within the meaning of this section, who
performs his work upon the employer’s premises, and with the em
ployers’ tools or appliances and under the employer’s direction; nor
one who does what is commonly known as ‘ ‘ piecework/’ or in any way
where the system of employment used merely provides a method of
fixing the workman’s wages. (2) When compensation is claimed from,
or proceedings taken against, a person under subdivision 1 of this sec
tion, the compensation shall be calculated with reference to the wage the
workman was receiving from the person by whom he was immediately
employed at the time of the injury. (3) The employer shall not be
liable or required to pay compensation for injuries due to the acts or
omissions of third persons not at the time in the service of the employer,
nor engaged in the work in which the injury occurs, except as provided
in section 32.
S e c. 32. ( 1 ) Third party under part 2 . Where an injury or death L^biiity
of
for which compensation is payable under part 2 of this act is caused * ird Parties*
under circumstances also creating a legal liability for damages on the
part of any party other than the employer, such party also being subject
to the provisions of part 2 of this act, the employee in case of injury, or
his dependents in case of death, may, at his oV their option, proceed
either at law against such party to recover damages, or against the em
ployer for compensation under part 2 of this act, but not against both.
If the employee in case of injury, or his dependents in case of death,
shall bring an action for the recovery of damages against such party
other than the employer or his insurance carrier, the amount thereof,
manner in which, and the person to whom the same are payable, shall
be as provided for in part 2 of this act and not otherwise: Provided, That
in no case shall such party be liable to any person other than the em
ployee or his dependents for any damages growing out of or resulting
from such injury or death. If the employee or his dependents shall

284

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elect to receive compensation from the employer, then the latter or his
insurance carrier shall be subrogated to the right of the employee or his
dependents, to recover against such other party, and may bring legal
proceedings against such party and recover the aggregate amount of
compensation payable by him to such employee or his dependents here
under, together with the costs of such action and reasonable attorney’s
fees expended by him therein. (2) Third party not under part 2.—
Where the injury or death for which compensation is payable under
part 2 of this act was caused under circumstances also creating a 1egal lia
bility for damages on the part of any party other than the employer,
such party not being subject to the provisions of part 2 of this act, legal
proceedings m&y 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 ob
tained 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 his dependents: Provided, 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 compen
sation, such employer or his insurance carrier shall be subrogated to all
the rights of such employee, or dependents, and may maintain, or in
case an action has already been instituted, may continue the action
either in the name of the employee or dependents, or in his own name
against such other party for the recovery of damages, but such em
ployer shall nevertheless pay over to the injured employee or depend
ents all sums collected from such other party by judgment or otherwise
in excess of the amount of such compensation payable by the em
ployer under part 2 of this act, and costs, attorney’s fees, and reasonable
expenses incurred by such employer in making such collection or en
forcing such liability: Provided, That in no case shall such party be
liable to any person other than the employee or his dependents for any
damages growing out of or resulting from such injury or death.
Rules to beuniS ec . 33. It shall be the duty of the chief justice of the Supreme
fonn*
Court of Alabama, from time to time, as he deems it is necessary, to
prepare uniform rules for the circuit judges and circuit courts, which
may be necessary for carrying out the provisions of this act including
such forms for orders and decrees as said chief justice of the Supreme
Court of Alabama deems best, such rules and forms when so prepared
and promulgated by the chief justice of the Supreme Court of Alabama
shall be followed and used by the said judges and courts.
Commissioner.
S ec . 33a. For the purpose of gathering statistics and performing the
duties hereinafterwards required there is hereby created an office
known and designated as the compensation commissioner of the State
Alabama. The director of the department of archives and history of
the State of Alabama shall be ex officio the compensation commissioner
of the State of Alabama.
Duties.
S ec . 34. The compensation commissioner of the State of Alabama
shall prepare and cause to be printed, at the expense of the State and
to be paid for as other supplies are paid for, and upon request furnish
free of charge to any employee or employer such blank forms and
literature as he shall deem requisite to facilitate or promote the efficient
administration of this act other than the papers relating to court pro
ceedings, which as set forth in the section 33 are to be prepared by the
chief justice of the Supreme Court of Alabama.
Records of acciS ec . 35. Every employer shall hereafter keep a record of all injuries,
fatal or otherwise, for which compensation is claimed or paid, received
by his employees in the course of their employment, on blanks ap
proved by the compensation commissioner of the State of Alabama.
Within fifteen days after the occurrence and knowledge thereof by the
employer of an injury to an employee, causing his absence from work
for more than fourteen days, for which compensation is claimed or paid
a report shall be made in writing and mailed to the compensation com-

TEXT OF LAW S---- ALABAMA.

285

missioner of the State of Alabama on blanks to be procured from such
commissioner for this purpose.
S ec . 36. Such employer shall within ten days after the settlement Settlements to
of any cause make a report in writing giving the details of such settleeporte *
ment and mail the same to the compensation commissioner of Alabama
on blanks to be procured from the commissioner for such purpose.
S ec . 37. The clerk of the circuit court shall within ten days after Courts to make
the disposition of any case in his court make a report in writing, giving reports*
the details of such disposition, and mail the same to the compensation
commissioner of Alabama on blanks to be procured from the commis
sioner for such purpose.
S ec . 38. Upon the termination of the disability of the injured em- Supplementary
ployee or if the disability extends beyond a period of 60 days then reports*
also at the expiration of such period the employer shall make a supple
mentary report'to the compensation commissioner of the State of Ala
bama on blanks to be procured from the commissioner for such purpose.
S ec . 39. It shall be the duty of the compensation commissioner of . Reports to legthe State of Alabama from the records of the insurance commissioner l ure#
of Alabama and from the reports furnished to him and from such other
information as he may obtain, to prepare and submit to the next
regular session of the legislature- of Alabama upon its convening a de
tailed and statistical report showing the results, as fully as the same can
be shown, of the operation of this act, the number of employers carrying
their own insurance, the number of employers insuring their risks
with insurance companies, the number of insurance companies, asso
ciation, or corporations engaged in the business of workmen’s compensa
tion insurance in the State of Alabama, the extent of such business,
the premium rates charged therefor and a comparison of such premium
rates with rates charged in other States, and with such recommenda
tions as he desires to make in reference to the amendment or im
provement of this act. For preparing said report, printing the same,
and furnishing same such compensation commissioner shall be paid
out of the State treasury the necessary reasonable expense therefor and
in addition such sum of money as may be approved by the governor
of the State of Alabama for his services.
S ec . 40. (1) Whoever makes in the verified complaint in section 28 Violations,
hereof provided for or in any claim for compensation hereunder any
statement knowing it to be false shall be guilty of perjury and must,
on conviction, be imprisoned in the penitentiary for not less than
three or more than twenty years. (2) Any person entitled to compensa
tion under this act whose compensation by the terms of this act ceases
upon marriage or upon his becoming over the age of eighteen years,
or for any other cause herein provided for, knowingly accepts any pay
ments or compensation after marriage, or after he becomes over eighteen
years of age, or after the disability for which he is receiving compensa
tion has ceased, shall be guilty of a misdemeanor, and on on conviction,
may be imprisoned in the county jail or sentenced to hard labor for the
county for not more than twelve months, and must also be fined not
more than five hundred dollars. (3) Any person knowingly guilty of
doing an act amounting to fraud in making or perfecting a settlement
under the authority of this act, or by means of fraudulent representa
tion obtaining a settlement from any employee shall be guilty of a
misdemeanor and on conviction may be imprisoned in the county jail
or sentenced to hard labor for the county for not more than twelve
months, and must also be fined not more than five hundred dollars.
(4) Any person who knowingly presents a false or fictitious claim of
injury for compensation hereunder or who aids or assists in the pre
sentment of such false or fictitious claim, knowing the same to be false
or fictitious, shall be guilty of a misdemeanor, and on conviction, may
be imprisoned in the county jail or sentenced to hard labor for the
county for not more than twelve months, and must also be fined not
more than five hundred dollars. (5) Any person, upon any hearing
before the judge of the circuit court or before the circuit court in refer
ence to any compensation claimed or paid hereunder, who knowingly
testifies falsely as to any material fact shall be guilty of perjury and
must, on conviction, be imprisoned in the penitentiary for not less than
three nor more than twenty years. (6) Any physician who makes any

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statement or certificate as to any compensation claimed or paid here
under, knowing it to be false, shall be guilty of a misdemeanor, and
on conviction, may be imprisoned in the county jail or sentenced to
hard labor for the county for not more than twelve months and must
also be fined not more than five hundred dollars. (7) Any attorney
who in person solicits employment to collect for a consideration any
claim of any employee for compensation hereunder or solicits for a
consideration employment to defend such claims or who knowingly
accepts such claim after it has been solicited by some other person
or who employs any other person for the purpose of soliciting or obtain
ing such claim or claims shall be guilty of a misdemeanor, and on con
viction, may be imprisoned in the county jail or sentenced to hard
labor for the county for not more than twelve months and must also
be fined not more than five hundred dollars. Any attorney convicted
hereunder must be removed and disbarred from the practice of law in
this State and the record of his conviction is conclusive evidence
thereof. The commission by any attorney of any of such acts shall
also be a cause for the removal and disbarment of such attorney. (8)
Any person who is not authorized by law to practice the profession of
law within this State who solicits for a consideration ov traffics in for a
consideration or represents for a consideration any claimant^ claimants,
or claim for compensation hereunder shall be guilty of a midemeanor,
and on conviction, may be imprisoned in the county jail or sentenced
to hard labor for the county for not more than twelve months and must
also be fined not more than five hundred dollars. (9) Whoever makes
in any affidavit required to be filed hereunder any statement knowing
it to be false shall be guilty of perjury and must, on conviction, be
imprisoned in the penitentiary for not less than three nor more than
twenty years. (10) Any insurance corporation, organization, or associa
tion, or any officer, employee, or agent of such insurance corporation,
organization, or association, who solicits or writes any workmen’s com
pensation insurance in this State without complying with the law as
herein set forth in reference to filing with the insurance commissioner
its classifications of risks and premiums relating thereto or without
having received from said insurance commissioner approval of its plan
of business or who fails to comply with any other requisites herein set
out for the doing of such insurance business in the State of Alabama,
shall be guilty of a misdemeanor, and on conviction, may be im
prisoned in the county jail or sentenced to hard labor for the county
for not more than twelve months and must also be fined not more than
five hundred dollars. (11) Any person required hereunder to make
reports in writing who willfully fails to make such reports shall be
guilty of a misdemeanor, and on conviction, may be imprisoned in
the county jail or sentenced to hard labor for the county for not more
than twelve months and must be fined not more than five hundred
dollars. (12) Any person other than a beneficiary under this act who
for a consideration takes or accepts from an employee an assignment
of his claim or award or judgment for, or agreement to pay, compensa
tion, or who accepts or takes same as security for a loan or a debt, or
who takes a power of attorney to collect the same, retaining any inter
est in the amount to be collected, shall be guilty of a misdemeanor,
and on conviction may be imprisoned in the county jail or sentenced
to hard labor for the county for not more than twelve months and must
also be fined not more than five hundred dollars.
S e c . 36 [41]. Throughout this act the following words and phrases as
used therein shall be considered to have the following meaning, re
spectively, unless the context shall clearly indicate a different mean
ing in the connection used, (a) The word “ compensation” has been
used both in part 1 and part 2 of this act to indicate the money 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
in [is] damages, and this is indicated in section 1. To avoid confusion,
the word “ compensation ” has been used in both parts of the act, but
it should be understood that under part 1 the compensation by way of
damages is determined by an action at law. (b) 11Child ” or “ children ”
includes posthumous children and all other children entitled by law
to inherit as children of the deceased, also step children who were

TEXT OiT LAW S— ALABAMA.

members of the family of the deceased at the time of his accident and
dependent upon him for support, (c) A dependent child or orphan
shall be considered to mean an unmarried child under the age of eight
een years, or one over that age who is physically or mentally incapaci
tated from earning, (d) The term “ employer” as used herein shall
mean every person not excluded by section 8, who employs another
to perform a service for hire and to whom the ‘ ‘ employer ’ *directly pays
wages, and shall include any person or corporation, copartnership, or
association, or group thereof, and shall, if the employer is insured,
include his insurer as far as applicable and shall not include one who
employs a less number than sixteen in any one business. (e) The term
“ physician” shall include “ surgeon,” and in either case shall mean
one authorized by law to practice his profession within one of the
United States and in good standing in his profession at the time.
(/) The term “ workman” shall include the plural and all ages and
both sexes. (g) The term ‘ ‘ employee ’ ’ and ‘ ‘ workman ’ ’ are used inter
changeably and have the same meaning throughout this act, and shall
be construed [so] to mean, (h) The terms “ wages,” “ weekly wages”
and such expressions shall in all cases, unless the context clearly indi
cates a different meaning, be construed to mean “ average weekly
earning.”
(2)
Every person not excluded by section 8, in the service of another
under any contract of hire, express or implied, oral or written, including
aliens, and also including minors who are legally permitted to work
under the laws of the State. Any reference herein to a workman or
employee shall where the employee is dead include a reference to his
dependents as herein defined if the context so require. (i) 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 the physical structure of the body, by accidental
means. (j ) Personal injuries, etc.—Without otherwise affecting
either the meaning or interpretation of the abridged clause, injuries
by an accident arising out of and in the course of his employment, it
is hereby declared: Not to cover workmen except while engaged in,
on, or about the premises where their services are being performed, or
where their service requires their presence as a part of such service
at the time of the accident, and during the hours of service as such
workmen, and shall not include an injury caused by the act of a
third person or fellow employee intended to injure the employee
because of reasons personal to him, and not directed against him as an
employee, or because of his employment, and it shall not include a
disease unless the disease results proximately from the accident.
(k) Wherever in this act the singular is used, the plural shall be
included; where the masculine Render is used, the feminine and neuter
shall be included. (Z) Amputation.—Amputations between the elbow
and wrist shall be considered as the equivalent to the loss of a hand,
and the amputation between the knee and the ankle shall be con
sidered as the equivalent of the loss of a foot, (m) “ The court” as
used herein shall mean the circuit court which would have jurisdiction
in an ordinary civil case involving a claim for the injuries or death in
question, and “ the judge” shall mean a judge of said court, (n) As
to constitutionality.—In case for any reason any paragraph or any
provision of this act shall be questioned in any court of last resort and
shall be held by such court to be unconstitutional or invalid, the same
shall not be held to affect any other paragraph or provision of this
act, except that parts 1 and 2 are hereby declared to be inseparable
and if either part be declared void or inoperative in an essential part
so that the whole of such part must fall, the other part shall fall with
it and not stand alone. # Part 1 of this act shall not apply in cases where
part 2 becomes operative in accordance with the provisions thereof,
but shall apply in all other cases, and in such cases shall be in extension
or modification of the common law.

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Sec. 36| [41£]. For the purposes of reference in other statutes and in
court proceedings this act may be, with legal effect, referred to as the
“ Workmen’s compensation act.”
S ec . 37 [42]. All laws or parts of laws inconsistent with the provisions
of this act are hereby repealed.
S ec . 38 [43]. This act shall take effect from and after the first dajr of
January, 1920: Provided, That those sections of the act which provide
for the making and issuance of forms shall take effect on the first day
of December, 1919.
Approved August 23, 1919.

ALASKA.
ACTS OF 1915.
C h a p . 71.— Compensation of ivorkmen for injuries.
S ection 1. Any person or persons, partnership, joint-stock com- Employees in
pany, association, or corporation employing five or more employees
opera'
in connection “with mining operations carried on in this Territory,
who shall not have given notice of his, her, their, or its election to
reject the provisions of this act in the manner hereinafter provided, or
who having given such notice shall, prior to the time that an employee is
injured, as hereinafter referred to, have waived the same in the manner
hereinafter provided, shall be liable to pay compensation, in accordance
with the schedule herein adopted, to each of his, her, their, or its
employees who receives a personal injury by accident arising out of
and in the course of his or her employment, or to the beneficiaries
named herein, as the same are hereinafter designated and defined, in
all cases where the employee shall be so injured and such injuries shall
result in his or her death: Provided, The employee so injured had not,
prior to the time of being so injured, given notice of his or her election
to reject the provisions of this act in the manner hereinafter provided,
or having given such notice had prior to such time waived the same in
the manner hereinafter provided.
The compensation to which such employee so injured, or in case of
Compensation
his or her death, if death results from such injury, such beneficiaries, for“
shall be entitled, and for which such employer shall be legally liable,
shall be as follows:
(A) In the event of the death of any such employee resulting from Death;
such injury, where such employee at the time of his death was married,
his widow shall be entitled to receive the sum of three thousand ($3,000)
dollars.
(B) (as amended by chapter 44, Acts of 1917). In those cases where
such married employee had children under the age of sixteen (16)
years at the time of his death, his widow shall be entitled to receive in
addition to the sum above specified, the sum of six hundred dollars
($600) for each child under the age of sixteen (16) years, or child wholly
dependent upon his or her parents for support by reason of physical or
mental in competency, or unborn or posthumous child which such
employee left at the time of his decease, but not to exceed in all the
sum of six thousand dollars ($6,000).
(0)
In those cases where such employee left either father or mother
or both, dependent upon him for support at the time of his death, the
sum of six hundred ($600) dollars shall be paid to such father or mother
or both, in addition to the sum provided for and made payable to the
widow. In no case, however, is the total sum to be paid hereunder to
exceed the sum of six thousand ($6,000) and the payments to which the
widow and children may be entitled shall be first paid out of said sum
of six thousand ($6,000) dollars.
(D) In those cases where such deceased employee was unmarried at
the time of his or her death survived by either his or her father or
mother, who was at the time of his or her death dependent upon him or
her for support, such father or mother shall be paid the sum of one
thousand two hundred ($1,200) dollars.
(E) Where such deceased employee was survived by his or her
father and mother, both dependent upon him or her for support at the
time of his or her death, such father and mother dependent upon him
or her for support shall be paid the sum of one thousand two hundred
($1,200) dollars each.
(F) In those cases where such deceased employee was a widower at
the time of his death, but left one or more minor orphan children, there
shall be paid the sum of three thousand ($3,000) dollars, and the further
sum of six hundred ($600) dollars for each orphan child under the age of
sixteen (16) years: Provided, The total amount paid shall not exceed
six thousand ($6,000) dollars; and the judge of the probate court of the

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precinct wherein such accident or injury occurred shall appoint a
guardian for all said children, who shall be entitled to and who shall
be paid the amount specified in this paragraph for the benefit of said
orphan children, and shall divide three thousand ($3,000) dollars
thereof equally among such children and divide the surplus, if any,
among the children under sixteen (16) years of age.
(G)
In those cases where such deceased employee is at the time of
his or her death unmarried, and leaves no children nor father nor mother
dependent upon him or her as above specified, the employer shall be
required to pay the funeral expenses of the deceased, not to exceed the
sum of one hundred fifty ($150) dollars, and such other expenses, if any,
arising after the injury and before the death, not to exceed the further
sum of one hundred fifty ($150 ) dollars.
P er ma n e n t
Where any such employee receiving an injury arising out of and in
total disability;
0f hia or ker employment as the result of which he or she ia
totally and permanently disabled, he or she shall be entitled to receive
compensation as follows:
(a) If such employee was at the time of his injury married, he shall
be entitled to receive four thousand eight hundred ($4,800) dollars,
with six hundred ($600) dollars additional for each child under the age
of sixteen (16) years, but the total to be paid shall not exceed six
thousand ($6,000) dollars.
(b) If such employee at the time of his injury had no wife or children,
but had a mother or father dependent upon him, four thousand two hun
dred ($4,200) dollars.
(c) In case where such employee who at the time of his injury had
both father and mother dependent upon him, four thousand eight hun
dred ($4,800) dollars.
(d) In those cases where such employee was at the time of his injury
a widower or was divorced, but had minor children, he shall receive the
sum of three thousand six hundred ($3,600) dollars, with an additional
sum of six hundred ($600) dollars for each child below the age of sixteen
(16) years: Provided, That the total sum to be paid such employee shall
not in any case exceed the sum of six thousand ($6,000) dollars.
(e) In those cases where such employee so injured at the time of his
injury was unmarried and had no children nor father nor mother de:
pendent upon him, he shall receive the sum of three thousand six
hundred ($3,600) dollars.
Permanen t Where any such employee receives an injury arising out of or in the
partial disability; course 0f his or her employment, resulting in his or her partial disabil
ity, he or she shall be paid in accordance with the following schedule:
For the loss of a thumb:
(a) In case the emplovee was at the time of the injurv unmarried,
$480.
(b) In case the employee was married but had no children, $600.
(c) In case the employee was either married or a widower, but had
one or more children, $720.
For the loss of an index finger:
(a) In case the emplovee was at the time of the injurv unmarried.
$300.
(b) In case that the employee was married but had no children, $390.
(c) In case the employee was either married or a widower, but had
one or more children, $480.
For the loss of any other finger than the index finder and thumb,
$180.
For the loss of a great toe, $300.
For the loss of any other toe than the great toe, $120.
For the loss of a hand:
(a) In case the employee was at the time of the injury unmar
ried, $1,440.
(b) In case the employee was married but had no children, $1,920.
(c) In case the employee was either married or a widower and had
one child, $1,920 and $240 additional for each of said children, not to
exceed, however, the total sum of $2,400.
For the loss of an arm:
(a) In case that the employee was at the time of the injury unmar
ried, $1,800.
(b) In case the employee was married but had no children, $2,400.

T E X T

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(c)
In case the employee was either married or a widower and had
one child, $2,400 and $300 additional for each additional child, the
total amount not to exceed, however, $3,000.
For the loss of a foot:
#(a) In case that the employee was at the time of the injury unmar
ried, $1,440.
(b) In case the employee was married but had no children, $1,800.
(c) In case the employee was either married or a widower and had
one child, $1,920 and $240 additional for each additional child, but
not to exceed the total sum of $2,400.
For the loss of a leg:
(a) In case the employee was at the time of the injury unmarried,
$1,800.
(b) In case the employee w'as married but had no children, $2,400.
(c) In case the employee was either married or a widower and had
but one child, $2,400 with $300 for each additional child, not to exceed
the total sum of $3,000.
For the loss of an eye :
(a) In case the employee was at the time of the injury unmarried,
$1,440.
(b) In case the employee was married but had no children, $1,920.
(c) In case the employee was either married or a widower and had
one child, $1,920, plus $240 for each additional child, not to exceed,
however, the total sum of $2,400.
For the loss of an ear, $240.
For the loss of the nose, $480.
For all other injuries causing temporary disability the e m p l o y e r
Tempor
shall pay the employee during the period of such disability fifty per disabllltycent (50%) of his daily average wages: Provided, however, That the
period for the payment for temporary disability shall not exceed
six (6) months. And in all cases where the injury develops or proves
to be such as to entitle the employee to compensation under some
provision in this schedule, relating to cases other than temporary
disability, and the employee has been paid compensation for tempo
rary disability, the amount so paid him shall be deducted from the
amount to which he shall be entitled under such provision in this
schedule.
The loss of both hands, or both arms, or both feet, or both legs, or
both eyes, or any two thereof, shall constitute total^ and permanent
disability and be compensated according to the provisions of this act
with reference to total and permanent disability.
Amputation between the elbow and the Wist shall be considered
equivalent to the loss of a hand, and amputation between the knee
and the ankle shall be considered equivalent to the loss of a foot.
Whenever such employee receives an injury, arising out of and in Proportio
the course of employment, as a result of which he or she is partially awardsdisabled, and the disability so received is such as to be permanent
in character and such as not to come wholly within any of the specific
cases for which provision is herein made, such employee shall be
entitled to receive as compensation a sum which Bears the same
relation to the amount he or she would be entitled to received here
under if he or she were totally and permanently disabled that the loss
of earning capacity of such employee, by reason of the accident,
bears to the earning capacity such employee would have had had he
or she not been injured, the amount to be paid in no case to exceed
four thousand eight hundred ($4,800) dollars.
To illustrate: If said employee were of a class that would entitle
him or her to four thousand eight hundred ($4,800) dollars under this
schedule, if he or she were totally and permanently disabled and his
or her injury would be such as to reduce his or her earning capacity
twenty-five (25% ) per cent, he or she would be entitled to receive one
thousand two hundred ($1,200) dollars, it being the amount that bears
the same relation to four thousand eight hundred ($4,800) dollars that
twenty-five (25%) per cent does to one hundrea (100%) per cent.
Should such employee receive an injury that would impair his or her
earning capacity seventy-five (75%) per cent, he or she would be
entitled to receive three thousand six hundred ($3,600) dollars, it

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being the amount that bears the same relation to four thousand eight
hundred ($4,800) dollars th'at seventy-five (75%) per cent does to one
hundred (100%) per cent.
Right to higher gEC. 2. If an injured employee entitled to compensation hereunder
awards.
shall be paid compensation under any subdivision or part of this
scredule [schedule], and it shall afterwards develop that he or she is
or was entitled to a higher rate of compensation under some other part
or subdivision of this schedule, then and in that event he or she shall
receive such higher rate, after first deducting the amount that has
already been paid him or her: Provided, however, That no compensation
under such increased rate shall be paid unless the disability entitling
the employee thereto shall develop within twp (2) years after the injury.
Settlement by
s Ec. 3. At any time subsequent to the injury the employer and
agreement.
em p i0y ee shall have the right to compromise and settle any claim
for injury hereunder in accordance with schedule herein, and the
employee shall have the right to give full satisfaction and acquittance
therefor and thereby discharge the employer from further liability,
and such satisfaction and acquittance shall be binding upon the said
employer, employee beneficiaries under this act, and all other persons
whatsoever.
Willful inteng ECt 4 . No compensation shall be allowed or paid for the injury or
twn'
death of an employee in any case where such injury or death was
occasioned by his or her willful intention to bring about the injury or
death of himself or herself or of another, or where the employee’s
intoxication was the proximate cause of the injury.
Waiting time.
gEC> 5 # No compensation shall be paid under this act for an injury
which does not incapacitate the employee for a period of at least two
weeks from earning full wages, but if incapacity extends beyond the
period of two weeks, compensation shall begin on the fifteenth day
Proviso.
after the injury: Provided, however, That if such disability continues
for eight weeks or longer, such compensation shall be computed from
the date of the injury.
Contractors.
S e c . 6 . No contractor or subcontractor shall be entitled to receive
compensation under this act, but shall be deemed to be an employer.
Remedy exclug EC> 7 . The right to compensation for an injury and the remedy
sive*
therefor granted by this act shall be in lieu of all rights and remedies
as to such injury now existing either at common law or otherwise, and
no rights or remedies, except those provided for by this act, shall accrue
to employees entitled to compensation under this act, while it is in
effect, nor shall any right or remedy, except those provided for by
this act, accrue to the personal or legal representatives, dependents,
beneficiaries under this act, or next of kin of such employees.
step - parents,
g EC# 8 , Step-parents shall be regarded in this act as parents; and
an adopted child, or adopted children, or a stepchild, or children,
shall be regarded in this act as issue of the body.
Statement as to
g EC> 9 Every employee coming within the provisions of this act
dependents.
shall, either at the time he or she is employed or thereafter, furnish
his or her employer with a written statement showing the name or
names of each and all persons that would be entitled to benefits under
the provisions of this act in case such employee should become de
ceased as a result of an injury received by him or her arising out of and
in the course of his or her employment; such written statement shall
bear the date upon which the same shall be furnished to the employer
and shall be signed by the employee: Provided, That in cases where
such employee is unable to write his or her name, his or her name may
be affixed to such statement by another, and such employee shall make
liis or her mark in the manner customary in such cases, and such mark
shall be made in the presence of at least one witness, who shall sub
scribe such statement as a witness.
In all cases where there shallIbe a change of beneficiaries, or a change
in the address of any beneficiary, the employee may furnish the em
ployer with a new statement showing such change; such new statement
to be so furnished shall in all respects conform and comply with the
provisions hereof with reference to the original statement to be fur
nished.
In all cases where such statement or statements is or are furnished
the employer by the employee, the employer shall, if such employee

TEXT OF LAW S---- ALASKA.

293

became deceased as a result of an injury received in the course of his or
her employment, notify each beneficiary named in the last statement
of that fact; such notice shall be given by sending each beneficiary at
the address given in the last statement furnished a copy of such notice
by registered mail, and an envelope containing such notice addressed
to each beneficiaryat the address given in said last statement furnished
shall be deposited in the post office and registered within ten days after
such iemployee shall have become deceased.
The notice to be so given shall be substantially in the following form:
T o ------------------- (giving the name of the beneficiary):
This is to advise you that------------------- (giving the name of the de
ceased person) became deceased on the---------day o f-------- as a result of
an injury received while in the employ o f ------------------- . You will
take notice that all persons entitled to benefits because of the fact that
the above-named employee was injured and as a result thereof became
deceased, under the laws of Alaska, are required to serve notice upon
the employer within one hundred and twenty (120) days after the date
on which such employee became deceased, in accordance with the pro
visions of the laws of Alaska upon that subject, and that a failure to
serve such notice within the time specified and in the manner specified
will result in depriving the beneficiary failing to give such notice within
such time and in such manner of his or her rights to compensation
under the laws of Alaska.
Any failure on the part of the employee to supply the employer with
a statement as hereinabove provided shall not work a forfeiture of the
right of his or her beneficiaries to benefits hereunder, but it shall re
lieve the employer of all obligation to give to any of the beneficiaries of
such deceased employee notice of the fact that such deceased employee
became deceased.
In cases where the employer shall have been furnished with such
statement or statements and shall fail to notify the beneficiaries therein
named as shown by the last statement furnished, within the time and
in the manner herein provided, such beneficiaries who have not been
so notified shall have the right to notify the employer of their
claim to benefits and file claims and prosecute actions or other proceed
ings for the recovery thereof, notwithstanding the fact that such notice
was not served, as hereinafter provided, within the period of one hun
dred and twenty (120) days from and after the time that the employee
became deceased.
Upon the trial of any issue relating to a beneficiary’s right to compen
sation under this act, any statement furnished an employer, as herein
above provided, may be offered in evidence by such employer, and
when so offered shall be received in evidence and shall be held to es
tablish the fact that the persons named in the statement bore to the
deceased the relation shown by such statement at the date thereof.
In all cases where any person claims to be a beneficiary under this
act entitled to compensation because of an injury to an employee com
ing within its provisions, which resulted in his or her death, such ben
eficiary, or some one in his or her behalf, shall within one hundred and
twenty (120) days from and after the death of such employee serve a
written notice upon the employer, which notice shall contain the name
and address of the person claiming to be such beneficiary, the relationship
existing between such beneficiary and the deceased; and if such bene
ficiary shall be either the father or mother of the deceased, such notice
shall also contain a statement showing that such person was dependent
upon the earnings of the deceased. Such notice shall be liberally
construed, and no claim for compensation shall be denied because of
any defect in the notice: Provided, It appears that a notice was served
with a bona fide intention to comply with the provisions of this act.
Such notice may be served by any person of legal age by delivering a
copy thereof to the employer or the employer’s agent in person or by
leaving a copy thereof at the employer’s principal place of business
within the Territory of Alaska with some person over the age of eighteen
(18) years in the employ of such employer. If the employer can not be
found within the Territory and has no known agent or place of business

Notice,

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Notice
posits.

Actions
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Pablicaiion
notice.

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therein^ such beneficiary may serve such notice b y publishing the same
in one issue of any newspaper of general circulation published in the
judicial division where the injury, out of which the right to compensa
tion arose, occurred. Except in the cases in this section otherwise
expressly provided, no action or other proceedings to recover such com
pensation shall be brought or maintained, nor shall any claim for such
compensation be filed or allowed, as hereinafter provided, unless such
notice shall have been served in the manner and within the time herein
provided.
fry
S e c . 1 0 . In case one or more beneficiaries serve notice upon an em
ployer, as above provided, of his, her, or their claim to compensation
under this act, such employer may at any time during the ten days next
following the period of one hundred and twenty (1 2 0) days during which
such notices could be served, deposit six thousand ($6,000) dollars with
the clerk of the district court for the division within which such em
ployee was injured, or such employer may deposit with such clerk of
the court a bond in the sum of six thousand ($6,000) dollars, signed by
such employer as principal and two or more good and sufficient sureties,
to be approved by the judge of the court, conditioned that such em
ployer will pay the sum or sums that may be finally awarded as com
pensation under this act under the judgment of the court to the ^person
or persons entitled thereto according to said judgment, and conditioned
further that judgment may be entered on said bond, not only against
the principal, but against the sureties, and each of them, jointly and
severally, as well as by the court in said proceeding and without bring
ing a separate action on said bond. No action brought to recover such
compensation shall be tried until after the expiration of said period of
one hundred and twenty (120) days and said period of ten days.
de* S e c . 11. Upon depositing such sum or such bond, as above provided,
the employer shall notify in writing any and all persons who shall have
served notice upon such employer as herein provided, claiming to be
beneficiaries under this act, of the fact that such sum or bond has been
so deposited. Such notice may be served by delivering a copy thereof
to the person to be served in person or by sending a copy thereof by reg
istered mail to the address given in the notice served upon the employer
by the beneficiary to be served.
to
S e c . 1 2. If prior to the time that such sum or such bond is so
deposited an action or actions have been commenced against such
employer to recover compensation on account of the death of such
employee by a person or persons claiming to be a beneficiary or
beneficiaries, such action or actions shall thereupon abate, and all pro
ceedings had therein shall be quashed and set aside, and the plain
tiff or plaintiffs shall thereupon be required to establish his, her, or their
claims to compensation in the manner hereinafter provided. In case
where such action or actions is or are so dismissed, and it is after
wards adjudged that the plaintiff or plaintiffs is or are entitled to
compensation in connection with the injury which was the subject
matter of the action or actions so dismissed, such plaintiff or plain
tiffs shall then be awarded his, her, or their costs in the action or
actions so dismissed, which the employer shall be required to pay,
in addition to the other sum or sums awarded against the employer.
S e c . 13. The employer by whom such sum or such bond shall
have been deposited shall, upon such deposit having been made,
give at least sixty (60) days’ notice of the fact that such sum or such
bond has been so deposited with the clerk of the district court, which
notice shall be published in a newspaper published within the
commissioner’s precinct within which such employee was injured,
or, if no newspaper be published in such precinct, then in a news
paper published nearest the place wiiere such employee was injured.
The notice shall be published once a week for four (4) consecutive
weeks, and the sixty (60) days’ period shall commence to run from
the date of the first publication. Such notice shall be substantially
in the following form:
Notice to beneficiaries b y --------------------, employer, has deposited
with the clerk of the district court for the Territory of Alaska, divi
sion num ber------, the sum of six thousand ($6,000) dollars (or a good
and sufficient bond in the sum of six thousand ($6,000) dollars, as

TEXT OE LAW S---- ALASKA.

295

the case may he) in accordance with the provisions of the^ law relat
ing to employees’ compensation, for award and distribution among
the beneficiaries thereto entitled because of the death o f -------------------,
an employee of s a id --------------——■, employer; and all persons are
notified, cited, and warned to appear before the district court for the
Territory of Alaska, division num ber---------, on or before the — day
o f ---------and make and file their claims, if any, to compensation.
------------------- , Employer.
S e c . 14. All beneficiaries shall, within the time fixed by said Claims to be
notice, file his or her or their claim in writing with such district e
court, which said claim shall be verified by the oath of the claim
ant or claimants, or some one authorized thereto in his or her or
their behalf, and#shall set up the facts relied upon as a basis for the
claimant’s o| claimants’ claim to such compensation under this act.
Two or more claimants may join in the same claim or may file sep
arate claims. A copy of each claim so filed shall be served upon
the employer, who shall have twenty days, from and after the time
such copy has been so served, to file an answer thereto. Such answer
may admit, or deny, the facts set up in said claim, either in whole or in
part, or may set up any other defense thereto. And any and all claim
ants shall have the right within twenty (20) days from and after the
date as fixed in the published notice within which claims may be filed,
to file an answer thereto admitting or denying the same, either in whole
or in part, or setting up any defense whatsoever to the allowance of
such claim. The court may, in its discretion and in furtherance of
justice, allow the parties to amend the claims or answers filed.
Sec. lS. 'The court shall upon the application of the employer Hearings,
or any claimant fix a date for a hearing upon the claim or claims
so filed, which date shall be not less than thirty (30) days later than
the date fixed in the published notice for the filing of such claims.
The hearing may be continued at any time by the court for good
cause shown as in other cases. Upon the date set for hearing, or at any
time prior thereto, the employer or any claimant, who shall have
filed his claim, as herein provided, may ask for a jury to try and
determine any issue or issues of fact arising upon any of the claims
and answers so filed. If no jury is demanded, as above provided,
a jury shall be deemed to have been waived, and the trial of all the
issues raised shall proceed before the judge of the court as in other cases.
Upon a trial, whether before the court or jury, proofs shall be offered
by the claimant or claimants in support of his, her, or tlieir claims
to compensation under this act in the same manner that proof is heard
and received upon the trial of other civil cases. The court shall also
hear and receive such proof as may be offered by the employer touch
ing the right of any or all of the claimants to compensation under
this act, and the fact that such employer has deposited the sum afore
said, or the bond as herein provided for, shall not be construed asan
admission against such employer.
Upon such trial evidence shall be received in accordance with
the rules of evidence touching any issue of fact raised as herein
before provided. The order of proof shall rest in the discretion of
the court, but such discretion shall be so exercised as to give all par
ties a full, fair, and complete hearing. Upon the conclusion of such
trial the court shall, in all cases tried before the court without a jury,
make written findings of fact based upon the evidence before him.
And in all cases tried before a jury, the jury shall determine any
and all issues of fact under instruction from the court as in other
cases. Upon the filing of such findings of fact made by the court, or
such verdict rendered by the jury, the court shall, unless a new trial
is granted, enter a judgment in accordance therewith.
S e c . 16. If no claim on the part of any dependent be filed with
Return of dethe district court within the time specified by the notice above re- p s‘
ferred to, or if such claim or claims be filed and it appear from the
findings of the court or the verdict of the jury that none of the claim
ants is entitled to compensation under this act, then the sum deposited
by the employer, less the cost of publishing the notice above provided
for and the filing, trial, and other fees of court in connection with
such proceeding, shall be returned to the employer in cases where
such sum was deposited as above provided, and the bond shall be de-

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clared void and the sureties thereon exonerated in those cases where
a bond was deposited, upon the payment by the employer of the filing,
trial, and other fees of court and the cost of publishing the notice as
herein provided.
Payments out
S e c . 17. In all cases where a judgment is entered against the emofdeposits.
ployer and in favor of one or more claimants, and where the sum of
six thousand ($6,000) dollars was deposited as aforesaid by the em
ployer, the amount to which each, any, and all claimants shall be so
adjudged to be entitled shall be paid to such claimant or claimants
out of the sum so deposited without costs and without the allowance
of interest thereon. And if any part of said six thousand ($6,000)
dollars so deposited shall remain after such payments have been
made to the claimant or claimants entitled thereto, under the judg
ment of the court, such amount shall be returned to tie employer,
less the court costs of any claimant or claimants, in any action or ac
tions which have been dismissed because of the deposit by the employer
of such six thousand ($6,000) dollars, as herein previously provided
for. Such court costs in such cases so previously dismissed shall
be allowed and paid to the claimant or claimants by which the same
was or were brought, in addition to the compensation to which sueh
claimant or claimants shall be found entitled, and shall be deducted
from the amount deposited in cases where the total amount of the
claims allowed plus such court costs does not exceed six thousand
($6,000) dollars. In other cases such claimant or claimants shall have
judgment against such employer for the court costs that shall have
accrued in such action or actions so dismissed.
Judgments.
S ec . 18. In cases where the employer has deposited a bond as herein
provided and judgment is entered in favor of one or more claimants as
herein provided, such judgment shall be entered in favor of the claim
ant or claimants found entitled thereto, and shall specify the amount
to which each of such claimants, if more than one, is entitled, and shall
be against the employer and each of the suretieson the bond so deposited
in such a manner that each and all shall be jointly and severally liable
under said judgment. In those cases where any one or more claimants
had filed actions which were dismissed because of the deposit of a bond
as herein provided and such claimant or claimants shall be adjudged
entitled to compensation so as to entitle him, her or them to costs in
connection with such action under the provisions hereof, and the total
amount of claims allowed plus such costs shall be less than six thousand
($6,000) dollars, the amount to which any claimant may be entitled to
as such costs shall be added to the amount to which such claimant is
entitled as compensation, and included within said judgment in his
favor and against the employer, and the sureties as above provided. In
all other cases separate judgments shall be entered against the employer
only for the amount of such costs in favor of the claimant or claimants
entitled thereto because of the dismissal of an action previously
brought by such claimant or claimants.
Appeals.
S e c . 19. One or more claimants may take an appeal from any judg
ment rendered under this act as to such claimant or claimants, and any
employer may take an appeal from any such judgment, either in whole
or in part, that is to say, as to any one or more of the claimants. Such
appeal shall be to the United States Circuit Court of Appeals for the
Ninth Circuit, and shall be taken up on writ of error, sued out and
prosecuted as in other cases. When, however, an employer takes an
appeal from such judgment or any part thereof against the allowance in
favor of any one or more claimants, and the judgment shall be affirmed
as to any such claimant, the claimant in whose favor the judgment has
been so affirmed shall be entitled to interest at the rate of eight (8 % )
per cent on the amount of his claim calculated from the date of the judg
ment and shall also be entitled to costs on appeal.
Actions to be
S e c . 20. Whenever two or more persons claiming to be beneficiaries
conso mated.
any(jeceage(j employee, whose beneficiaries are entitled to compen
sation under the provisions of this act, bring separate actions to recover
such compensation, such actions shall be consolidated and tried as one
action upon the application of any party to either or any of such actions.
Actions brought S ec . 21. Actions for the recovery of compensation due under this act,
ere*
may be brought, maintained and determined in and by the courts of
this Territory, and when so brought shall be governed by the law of pro-

TEXT OF LAW S— ALASKA.

297

cedure applicable to other actions for the recovery of money except
as herein otherwise expressly provided.
S ec . 22. No action for the recovery of compensation hereunder shall Venue,
be brought in any court holden outside of the judicial division in which
the injury occurred, out of which the right to compensation arises except
in cases where service can not be had on the employer in the judicial
division where the injury occurred. Any attempt to bring such action
in any court outside of the Territory of Alaska shall work a forfeiture of
the right of the plaintiff in such action to compensation under this act.
Sec. 23. (a) A writ of attachment shall be issued by the clerk of the Procedure,
court in which such action for the recovery of compensation under this
act is pending or by the United States commissioner in actions pending
in the court of such commissioner. Whenever the plaintiff or anyone
in his behalf shall make and file an affidavit showing that he or she is
entitled to recover compensation from the defendant, under the pro
visions of this act, such affidavit must show all the facts necessary to
bring the plaintiff within the provisions of this act, and must further
set up all the facts necessary to show that a cause of action exists in favor
of the plaintiff and against the defendant for the amount sued for and
for which the attachment is sought under the provisions of this act.
(b) Upon filing such affidavit in actions pending as aforesaid with the
clerk of the court, or the commissioner in actions pending in the court
of such commissioner, the plaintiff shall be entitled to have a writ of
attachment issued without filing any bond or other security; such writ
shall be directed to the marshal, and shall in all respects conform to writs
of attachment in other cases and shall be issued, served, executed, and
returned in the same manner that writs of attachment in other cases are
now issued, served, executed, and returned.
(c) The defendant may, however, file a written undertaking in any
pending cause for the benefit of the plaintiff in an amount equal to
double the amount sued for, executed by two or more sufficient sureties,
to-be approved by the judge or commissioner in whose court the action
is pending, and conditioned that the defendant will pay any judgment
that may be awarded against such defendant in the action. No writ of
attachment shall issue after such undertaking has been filed by the
defendant, and if such undertaking shall be filed after the writ has been
issued such writ shall be quashed, and if property has been attached
under such writ at the time of the filing of such undertaking such attach
ment shall be dissolved and set aside and the property attached returned
to the defendant.
S ec . 24. The employee shall, after an injury, at reasonable times dur- Medical examling the continuance of his or her disability, if so requested by his or her natl0ns*
employer, submit himself or herself to an examination by a physician
or surgeon authorized to practice medicine under the laws of the Terri
tory of Alaska, furnished and paid for by the employer. The employee
shall have the right to have a physician, provided and paid for by him
self or herself, present at such examination or examinations. If any
employee refuses to submit himself or herself to any such examination
or examinations provided for in this act, or in any way obstructs any
such examination or examinations, his or her rights to compensation
shall be suspended, and his or her compensation during such period of
suspension may, in the discretion of the jury or court determining an
action brought for the recovery of compensation under this act, be for
feited.
S ec . 25. No agreement by an employee to waive his or her rights to Waivers,
compensation under this act shall be valid, except as herein elsewhere
provided, and no employer or employee shall exempt himself, herself,
or itself, except in the manner herein elsewhere provided, from the
burden or waive the benefits of this act by any contract, agreement, rule,
icgulation, or device, and any such contract, agreement, rule, regula
tion, or device shall be absolutely void.
S ec . 26. Any and all claims for conpensation under this act shall be Limitation,
barred unless an action for the recovery of the same shall be commenced
within two years after the cause of action shall have accrued, or in the
event of mental incapacity within two years after the removal of such
mental incapacity.
S ec . 27. Where the injury for which compensation is payable under l i a b i l i t y of
this act was caused under circumstances creating a legal liability in some
p

298

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s a t io

l a w

o f

t h

i t e

s t a t e s

one other than the employer to pay damages in respect thereof, the em
ployee may take proceedings both against the one so liable to recover
damages and against anyone liable to pay compensation under this act,
but shall not be entitled to receive both damages and compensation.
And if the employee has been paid compensation under this act, the
employer by whom the compensation was paid shall be entitled to in
demnity from the person, firm, or corporation so liable to pay damages
as aforesaid, and to the extent of such indemnity shall be subrogated to
the rights of the employee to recover damages therefor.
Election
pre- S e c . 28. When five or more employees, as defined by this act, are
sumed when.
employed in the same general employment in connection with mining
operations carried on in this Territory, and in the usual and ordinary
conduct of such operations, it shall be presumed that the employer,
as defined by this act, has elected to pay compensation according to
the terms, conditions, and provisions of this act to such employees as
may sustain personal injury arising out of and in the course of the em
ployment, and in such case the employer shall be leiieved fiom lia
bility for a recovery of damages or other compensation for such personal
injuries unless by the terms of this act otherwise provided.
Defenses abroS e c .# 29. If such employer exercise the light to reject the teims,
gated.
conditions, and provisions of this act, in the manner and form by this
act provided, such employer shall not escape liability for personal
injury sustained by an employee of such employer when the injury
sustained arises out of and m the usual course of the employment be
cause:
(1) The employee assumed the risks inherent to or incidental to or
arising out of his or her employment, or the risks arising from the
failure of the employer to piovide and maintain a reasonably safe
place to work, or the risks arising from the failuie of the employer to
furnish reasonably safe tools or appliances, or because the employer ex
ercised reasonable care in selecting reasonably competent employees
in the business;
(2) That the injury was caused by the negligence of a coemployee;
(3) That the employee was negligent, unless and except it shall
appear that such negligence was willful and with intent to cause tho
injury; or the result of intoxication on the part of the injured p?rty;
(4) In actions by an employee against an employer for personal
injury sustained arising out of and in the course of the employment
where the employer has elected to reject the provisions of this "act, it
shall be presumed that the injury to the employee was the first result
and growing out of the negligence of the employer, and that such negli
gence was the proximate cause of the injury; and in such case the bur
den of proof shall rest upon the employer to rebut the presumption of
negligence.
Notice of rejecS e c . 30. Every such employer shall be conclusively presumed to
n‘
have elected to pay compensation to employees for injuries sustained
arising out of and m the course of the employment^ according to the
provisions of this act, unless and until notice in writing of an election
to the contrary shall have been given to the employee by recording
said notice with the United States commissioner in whose precinct the
employer’s operations are carried on; and if such operations are carried
on m more than one precinct, then such notice shall be recorded in
the office of the commissioner for each precinct in which the same are
being conducted, and the notice to reject shall be lecorded by the
commissioner, who shall be paid a fee of one and one-half dollars there
for, and such notice when so recorded shall be and become a public
record. Such recorded notice shall be substantially in the following
form, and the signature shall be witnessed by two witnesses:
em ployer’s

n o t ic e

reject.

To the employees of the undersigned:
You and each of you are hereby notified that the undersigned rejects
the terms, conditions, and provisions to pay compensation to em
ployees of the undersigned for injuries received as provided in the act
of the Legislature of the Territory of Alaska, known as “ An act relating
to the measure and recovery of compensation of injured employees in
the mining industry of this Territory, and the compensation to desig-

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299

nated beneficiaries where such injuries result in death, defining and
regulating the liability of employers to their employees in connection
with such industry, and repealing all acts and parts of acts in conflict
with this act, ’ ’ and that the undersigned employer elects to pay damages
for personal injuries of such employees under the common law and
statutes of this Territory, modified by the provisions of the act above
referred to and the other laws of the Territory of Alaska.
( S i g n e d ) -------------------.
Witnesses:

S ec . 31. The notice so recorded shall apply to the employees sub- Future hirings,
sequently employed by the employer with the same fulness and effect
and to the same extent and in like manner as employees in the employ
at the time the notice was recorded, except as herein provided.
Sec. 32. Where the employer and employee have not given notice Terms of conof an election to reject the terms of this act, this act shall constitute atracfc*
part of every contract of hire, express or implied, and the same shall
be construed as an agreement on the part of the employer to pay and
on the part of the employee to accept compensation in the manner as
by this act provided for all personal injuries sustained arising out of
and in the course of the employment.
Sec. 33. All employees affected by this act shall be conclusively Rejection by
presumed to have elected to take.compensation in accordance with emPl0Feesthe terms, conditions, and provisions of this act until notice in writing
shall have been served upon the employer or his agent in person, and
shall also have been recorded in the office of the commissioner for the
precinct in which the mining operations of the employer, in connection
with which the employee is employed, are conducted; and if such opera
tions are carried on in more than one precinct, then the same shall be
recorded in the precinct wherein the employer’s principal place of
business in the Territory is situate, and the commissioner shall record
the same, and shall receive a fee of one dollar and fifty cents therefor,
and the same shall be and become a public record. Such notice shall be
accompanied with an affidavit thereon showing the date upon which
the same was served upon the employer.
(b)
In the event that such employee elects to reject the terms,
conditions, and provisions of this act, the rights and remedies thereof
shall not apply where an employee brings an.action or takes proceed
ings to recover damages or compensation for injuries received growing
out of and in the course of his or her employment except as otherwise
provided by this act; and in such actions where the employee has re
jected the terms of this act the employer shall have the right to plead Defenses,
and rely upon any and all defenses, including those at common law,
and the rules and defenses of contributory negligence, assumption of
risk, and fellow servant shall apply and be available to the employer,
unless otherwise provided in this act: Provided, however, That if an
employee sustains an injury as the result of the employer’s failure to
furnish or fails to exercise reasonable care to keep or maintain any
safety device required by statute, or violates any ol the statutory pro
visions or rules and regulations now or hereafter in force relating to
safety of employees, the doctrine of assumed risk in such case growing
out of the negligence of the employer shall not apply or be available as
defensive matter to such offending party. The notice required to be
given by an employee shall be substantially in the following form:
em plo yee ’s

n o t ic e

reject.

T o -------------------(giving the name of the employer):
You are hereby notified that the undersigned elects to reject the
terms, conditions, and provisions of an act for the payment of compensa
tion as provided by an act of the Territorial Legislature of the Territory
of Alaska, entitled “ An act relating to the measure and recovery of com
pensation of injured employees in the mining industry of this Territory
and the compensation to designated beneficiaries where such injuries
result in death, defining and regulating the liability of employers to
their employees in connection with such industry, and repealing all
acts and parts of acts in conflict with this act,” and acts amendatory

300

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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 .

thereto, and elects to rely upon the common law, as modified by the
provisions of the act last above referred to, for the right to recover for
personal injury which I may receive, if any, growing out of and
arising from the employment while in line of duty for my employer
above named.
Dated th is------day o f ---------- , --------- .
( S i g n e d ) ------------------- .
United States of America,
Territory of Alaska, ss:
The undersigned being first duly sworn deposes and [says]: That
the above and toregoing written notice was on th e ---------day o f --------- •
served on the within-named employer of the undersigned by deliver
ing t o ------------------- (here give the name of the employer or his agent)
a true, correct, and verbatim copy thereof.
( S i g n e d ) ------------------- .
Subscribed and sworn to before me this---------day o f ----------, ---------.
Notary Public for Alaska. ,
My commission expires----------------.
Term of elec
S e c . 34. Where the employer or employee has given notice in com
tion.
pliance with this act electing to reject the terms thereof, such election
shall be for one year from the date of becoming effective, and unless
renewed within thirty days before the expiration of one year, as herein
provided, it shall be conclusively presumed that such party has elected
to waive the rejection made and come under the provisions of this act
Renewal of no to pay or accept, as the case may be, the compensation here provided
tice.
until the contrary is shown by the service of notice anew, electing to
reject the provisions of this act as herein provided.
Waiver of re
Sec. 35. Where an employer or employee rejects the terms, condi
jections.
tions, or provisions of this act such party may at any time thereafter
elect to waive the same by giving notice in writing in the same manner
required of the party in electing to reject the provisions of this act, and
which shall become effective and be recorded with the commissioner
or commissioners in like manner that said notice to reject is required to
be recorded.
Rejections by
S e c . 36. Where the employer and employee elect to reject the terms,
both parties.
conditions, and provisions of this act the liability of the employer
shall be the same as though the employee had not rejected the terms
and conditions thereof and the employer had rejected the same.
Assignment of
S e c . 37. No claim for compensation due under this act shall be
claims.
assignable, and all compensation due hereunder shall be exempt from
execution.
Employer.
S e c . 38. Whenever the term ‘ ‘employer” is used in this act refer
ence is had to any person or persons, partnership, joint stock company,
association, or corporation employing five or more employees in con
nection with mining operations carried on in this Territory. And
whenever the term 4‘employee” is used in this act reference is had to
an employee employed by an employer as above defined.
Mining opera
S e c . 39. The phrase ‘ ‘mining operations, ” whenever used in this act,
tions.
shall be held to include all work in connection with underground
workings, underground mines, open-cut working, surface working,
stamp mills, roller mills, chlorination processes, cyanide processes,
coke ovens, all reduction work of any kind or character, and all work
performed on or for the benefit of any, mine, mining claim, or claims,
whether quartz or placer, and the phrase shall be held to include
development and construction work as well as work carried on in con
nection with actual mining or milling.
Beneficiary.
S e c . 40. The term ‘ ‘beneficiary,” as used in this act, refers to any
person entitled to compensation under the provisions hereof.
Genders.
S e c . 41. The masculine gender whenever used herein shall be held
to include the femine and neuter.
Costs.
S e c . 42. If the court before whom any proceedings are brought
under this act determines that such proceedings have been brought,
prosecuted, or defended without resonable ground, it may asess the
whole cost of the proceedings upon the party who has so brought,
prosecuted, or defended them.
Approved April 29, 1915.

ARIZONA.

A r tic le

CONSTITUTION.
X V III.— Employment of labor— Compensation for injuries to
workmen.

Section 8. The legislature shall enact a workmen’s compulsory

C o m p u ls o r y

compensation law applicable to workmen engaged in manual or me- ComPensation.
chanical labor in such employments as the legislature may determine
to be especially dangerous, by which compulsory compensation shall
be required to be paid to any such workman by his employer, if in
the course of such employment personal injury to any such workman
from any accident arising out of, and in the course of, such employ
ment is caused in whole or in part, or is contributed to, by a necessary
risk of danger of such employment, or a necessary risk or danger in
herent in the nature thereof, or by failure of such employer, or any
of his or its officers, agents, or employee, or employees, to exercise
due care, or to comply with any law affecting such employment: Pro
vided, That it shall be optional with said employee to settle for such
compensation, or retain the right to sue said employer as provided
by this constitution.
REVISED STATUTES—CIVIL CODE—1913.
VIT.— Compensation for injuries to workmen.
3163. This chapter is a workman’ s compulsory compensation Titl©law as provided in section 8 of Article X V III of the State constitution.
S e c . 3164. Compulsory compensation shall be paid by his employer
Compensation
to any workman engagecf in any employment declared and determined to paid*whenas in the next section hereof (as provided in sec. 8 of Article X V III
of the State constitution') to be especially dangerous, whether said
employer be a person, firm, association, company, or corporation, if
in the course of the employment of said employee personal injury
thereto from any accident arising out of, and in the course of, such
employment is caused in w^hole, or in part, or is contributed to, by a
necessary risk of danger of such employment, or a necessary risk or
danger inherent in the nature thereof, or by failure of such .employer,
or any of his or its officers, agents, or employee or employees, to exer
cise due care, or to comply with any law affecting such employment.
Sec. 3165. The employments hereby declared and determined to be Especially danespecially dangerous (as provided in sec. 8 of Article X V III of the ^ n tf emp y"
State constitution) within the meaning of this chapter are as follows:
(1) The operation of steam railroads, electrical railroads, street
railroads, by locomotives, engines, trains, motors, or cars of any kind
propelled by a steam, electricity, cable, or other mechanical power,
including the construction, use or repair of machinery, plants, tracks,
switches, bridges, roadbeds, upon, over, and by which such railway
business is operated.
(2) All work when rnaldng, using or necessitating dangerous prox
imity to gunpowder, blasting poAvder, dynamite, compressed air, or
anv other explosive.
(3) The erection or demolition of any'bridge, building, or structure
in which there is, or in which the plans and specifications require,
iron or steel frame work.
(4) The operation of all elevators, elevating machinery or derricks
or hoisting apparatus used within or on the outside of any bridge,
building or other structure for conveying materials in connection with
the erection or demolition of such bridge, building or structure.
(5) All work on ladders or scaffolds of any kind elevated twenty (20)
feet or more above the ground or floor beneath in the erection, con
struction, repair, painting or alteration of any building, bridge, struc
ture or other work in which the same are used.
(6) All work of construction, operation, alteration or repair, where
wires, cables, switchboards, or other apparatus or machinery are in
use charged with electrical current.
(7) All work in the construction, alteration or repair of pole lines
for telegraph, telephone or other purposes.
C h a p te r

S e c tio n

302

-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 ta te s .

(8) All work in mines; and all work in quarries.
(9) All work in tho construction and repair of tunnels, subways
and viaducts.
( 10) All work in mills, shops, works, yards, plants, and factories
where steam, electricity, or any other mechanical power is used to
operate machinery and appliances in and about such premises.
A i t er n a t i ve
S e c . 3166. In case such employee or his personal representative shall
right3 of employ- refuse to settle for such compensation as provided in section 8 of
Article X V III of the State constitution, and chooses to retain the
right to sue said employer (as provided in any law provided for in
section 7, Article X V Ilt of the State constitution) he may so refuse
to settle and may retain said right.
Failure to exerSEc. 3167. It is hereby declared and determined to be contrary to
cise due care.
public policy that any employer conducting any especially dangerous
industry, through any of his or its officers, agents, or employee or
employees, shall fail to exercise due care, or fail to comply with any
law affecting such employment, in such manner as to endanger the
lives and safety of employees thereof, without assuming the burden
of the financial loss through disability entailed upon such employees,
or their dependents, through such failure; and it is further declared
and determined to be contrary to public policy that the burden of
the financial loss* to employees in such dangerous employments, or to
their dependents, due to injuries to such employees received through
such accidents as are hereinbefore mentioned shall be borne by said
employees without due compensation paid to said employees, or
their dependents, by the employer conducting such employment,
owing to the inability of said employees to secure employment in said
employments under a free contract as to the conditions under which
they will work.
Liability withgEc. 3168. The common-law doctrine of no liability without fault is
out fault.
hereby declared and determined to be abrogated in Arizona as far as it
shall be sought to be applied to the accidents hereinbefore mentioned.
What injuries
S e c . 3169. When, in the course of work in any of the employments
sated
comi)en' described in section 67 of this title, personal injury by accident arising
out of and in the course of such labor, service, or employment, is caused
to or suffered by any workman engaged therein, by any risk or failure
specified in section 66 hereof, then such employer shall be liable to
and must make and pay compensation to the workman injured, and
his personal representative, when death ensues, for the benefit of the
estate of the deceased, for such injury at the rates and in the manner
hereinafter set out in this chapter.
Waiting time.
Provided, That the employer shall not be liable under this chapter
in respect of any injury which does not disable the workman for a
period of at least two weeks after the date of the accident from earning
full wages at the work at which he was employed at the time of the
injury, and
Provided, further, That the employer shall not be liable under this
chapter in case the employee refuses to settle for such compensation
and retains his right to sue as provided in section 68 of this title.
Amount of comSec. 3170. When an injury is received by a workman engaged in any
pensaaon
labor or service specified in section 67 of this title, and for which the
employer is made liable as specified in section 71 hereof, then the
measure and amount of compensation to be made by the employer to
such workman or his personal representative for such injuries, shall be
as follows:
For total disa(i) i f the injury by accident does not result in death within six months
11 y‘
from the date of the accident, but does produce or result in total inca
pacity o f the workman for work at any gainful employment for more
than two ( 2) weeks after the accident, then the compensation to be
made to such workman by his employer shall be a semimonthly pay
ment commencing from the date of the accident and continuing during
such total incapacity, of a sum equal to fifty (50) per centum of the
workman’s average semimonthly earnings when at work on full time
during the preceding year, if he shall have been in the employment
of such employer for such length of time; but if not for a full year,
then fifty (50) per centum of the average wages, whether semimonthly,
weekly, or daily, being earned by such workman during the time he
was at work for his employer before and at the time of the accident.

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303

( 2) In case (1) the accident does not wholly incapacitate the work- For partial disman from the same or other gainful employment; or ( 2) in case the ablllt^workman, being at first wholly incapacitated, thereafter recovers so
as to be able to engage at labor in the same or other gainful employ
ment, thereby earning wages, then in each case the amount of the
semimonthly payment shall be one-half of the difference between the
average earnings of the workman at the time of the accident deter
mined as above provided, and the average amount he is earning or is
capable of earning, thereafter, semimonthly in the same or other
employment—it being the intent and purpose of this chapter, that the
semimonthly payment shall not exceed, but equal, from time to time
one-half the difference between the amount of average earnings ascer
tained as aforesaid at the time of the accident, and the average amount
which the workman is earning, or is capable of earning, in the same
or other employment or otherwise, after the accident, and at the time
of such semimonthly payment. Such payments shall cease upon the
workman recovering and earning, or being capable of earning, in the
same or other gainful employment or otherwise, wages equal to the
amount being earned at the time of the accident.
Provided, however, That the payments shall continue to be made
as herein determined to the workman so long as incapacity to earn
wages in the same or other employment continues, but in no case shall
the total amount of such payments, as provided in subsections 1 and 2
of this section exceed four thousand ($4,000) dollars.
^(3) When the death of the workman results from the accident within For death,
six months thereafter, and the workman, at the time of his death,
leaves a widow, and a monor [minor] child, or children dependent on
such workman’s earnings for support and education, then the employer
shall pay to the personal representative of the deceased workman for
the exclusive benefit of such widow and child, or children, a sum
equal to twenty-four hundred times one-half the daily wages or earn
ings of the decedent, determined as aforesaid, but in no event more
than the sum of four thousand dollars ($4,000). Such sum shall be paid
in lump and held in trust by such representative for such widow and
children and applied by him to the support of the widow while she
remains unmarried, and to the support and education of the children
so long as necessary, and until eighteen (18) years of age, in such way
and manner as to him shall seem best and just, under and in accord
ance with the directions of the court having jurisdiction of the estate
of the decedent; any balance remaining unapplied at the closing of
the estate of the decedent shall be distributed to the decedent’s widow
(if still his widow), and the children or next of kin, as provided by the
law of descents. The personal representative may pay out of said
fund the reasonable and necessary expenses of medical attendance and
burial of the decedent. If the workman leaves no widow or child, or
children, but a father or mother or sister dependent on him for support,
then said sum shall be for their benefit to be applied as above provided.
If the deceased workman leaves no widow, children, or other depend
ents, then the employer shall pay the reasonable expenses of medical
attendance upon the decedent and also provide and secure his burial
in a proper cemetery, which may be chosen by the friends of the
decedent.
^ S e c . 3171. Any workman claiming compensation under the p rovi-. Medical examsions of this chapter shall, if requested by the employer, or upon matlonswritten notice by him given to the employer, submit himself for bodily
examination by some competent licensed medical practitioner or sur
geon of the county in which the workman then resides, to ascertain and
determine the nature, character, extent, and effect of the injury to such
workman at the time of such examination for the purpose of ascertain
ing the semimonthly compensation then and thereafter to be made.
The employer or the workman not having requested the examination
may have present at the examination a medical representative, by him
chosen. Each party shall pay his chosen representative the expenses of
Such examination. The said notice shall be given at least ten ( 10) days
before the date fixed for the examination, and the place shall be con
venient for the workman to be examined. In case the employer is a
corporation, the notice may be served on any officer or agent thereof
in the said county, and if none there, then elsewhere in the State.

304

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law s

the

u n it e d

states.

The examiner shall make a verified report in writing in duplicate
within ten ( 10) days after the examination and furnish one copy to the
employer and one to the workman. If any workman neglects or refuses
to submit to an examination, his right to compensation, if any, shall be
suspended until he notifies the employer in writing of his readiness to
submit thereto. No persons other than the physicians and surgeons
aforesaid shall attend any examination except by agreement of the
parties. If the employer and the workman each have an examiner,
and they shall agree upon and join in a report, the same shall be con
clusive so long as it remains in force. If either the employer or the
employee, having opportunity, fails to provide an examiner, then the
report of the examiner making such examination shall likewise be con
clusive so long as the same remains in force. If the workman and the
employer each have an examiner present, and they disagree as to the
nature, character, extent, or effect of the injury, and the degree of inca
pacity, if any, for labor on the part of the workman at the time of such
examination, then they shall join in a written report stating the matters
in which they agree, and in which they disagree, and mutually select
some disinterested medical practitioner or surgeon of the county, to
whom the same shall be referred, and who shall proceed promptly to
make an examination of the workman as to the matters in disagreement,
and the same shall be conclusive so long as such report remains in force,
which report shall be made by such disinterested examiner and verified,
and a copy thereof furnished to the employer and the workman. For
making such examination, such examiner shall be entitled to a fee of ten
dollars ($ 10), to be paid one-half by the employer and one-half by the
workman at the time of such examination. Such examination may be
required by the workman or the employer at periods not shorter than
three months from the date of the last examination. The report of any
examination shall supersede all previous reports. When there is dis
agreement between the examiners aforesaid, and they can not agree
upon a third person as above provided, then it shall be the duty of the
chairman of the board of supervisors of the county, on written notice
of either the workman or employer, to appoint some licensed medical
practitioner or surgeon, who shall be a resident of the county, to make
such examination, and said appointee shall be entitled to the same
compensation.
Notice.
S e c . 3172. Every workman seeking compensation under the provi
sions of this chapter, where the same is not fatal or does not render him
incompetent to give the notice, shall, within two weeks after the day of
the accident, give notice in writing to the employer, or his representative
employing such workman, or to the foreman or other employee of the
employer under whom he was working at the time of the accident, and
before the workman has voluntarily left the service of the employer and
during his disability. The notice shall state (1) the name and address
of such workman, (2) the date and place of the accident, (3) and state in
simple words the cause thereof, (4) the nature and degree of the injury
sustained, (5) and that compensation is claimed under this chapter. The
notice may be written and served personally by the workman or by
any one in his behalf on any person named above in this section, or by*
mail, postpaid, to such person, addressed to the office, place of busi
ness or residence of the person notified. No want or defect or inaccu
racy of the notice shall be a bar to the right of the workman to claim and
receive compensation under this chapter, or to maintain any proceed
ing to secure the same, unless the employer proves that he has been
seriously prejudiced by such lack of notice. No compensation shall be
claimed or allowed so long as such notice is not given. If the workman
is killed, or otherwise rendered incompetent to give the notice, the
same is not hereby required, nor is any notice required to be given by
the personal representative of such deceased person. It shall be the
duty of any one giving a notice as in this section provided, to mail a
duplicate copy to the attorney general of this State.
Settlement of
Sec. 3173. Any question which may arise between the employer and
oispu es.
the workman or his personal representative, under this chapter, shall
be determined either (1 ) by written agreement between the parties, or
(2) by arbitration, or (3) by reference and submission to the attorney
general of this State; and in case of a refusal or failure of the employer
and workman, or such personal representative, to agree upon a settle-

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ment by either of the modes above provided, then by a civil action at
law, showing such refusal or failure as a reason for suit. If any em
ployer fails to make and pay compensation, as in this chapter provided,
for a period of three months after the date of the accident, or for any
two months or more after payment of the last monthly compensation,
then the injured workman, if surviving, or the personal representative,
in case of death, may bring an action in any court of competent juris- Enforcement
diction to recover and enforce the compensation herein provided. cIaimsSuch action shaU be conducted as near as may be in the same manner
as other civil actions at law. The action shall be brought within one Limitation,
year after the happening of the accident, or after the nonpayment of
any semimonthly installment theretofore fixed by agreement or other
wise ; or within one year after the appointment of a personal represen
tative of the decedent. The judgment in such action, when in favor
of the plaintiff, shall be for a sum equal to the amount of payments
then due and prospectively due under the provisions of this chapter.
The judgment shall be for the total amount thereof and collectible
without relief from valuation or appraisement laws. And the court
awarding the judgment shall, by proper order, direct that the same
shall be paid ratably to the workman, if living, in semimonthly install Payments.
ments until the determination of the periods provided in this chapter
the same as if such payments were being made voluntarily or without
suit in conformity with this chapter. The judgment by agreement, if
it appears to the court to be for the best interests of the workman,
may be paid in lump and not otherwise. The court rendering the
judgment is hereby given power from time to time to make such orders
touching the matter of payments as may appear best to provide for the
maintenance and support of the workman and his family during his
infirmity, and for his and their benefit and security. The employer
shall have the right to stay the judgment in whole, whether the same
is to be paid in lump sum or monthly installments, upon securing the
same by one or more freehold sureties or a surety company, to be ap
proved by the court rendering the judgment, who shall enter into a
recognizance acknowledging themselves bound for the defendant for
the payment of the judgment in lump or in partial payments as the
same is, or shall be made, payable, together with interest and costs.
On failure of any one or more of such payments by the employer,
execution may issue out of said court and cause, against such defend
ant, and his bail from time to time leviable and collectible without
relief from valuation or appraisement or stay laws. The recognizance
shall be written upon the order book of the court and immediately
following the entry of the judgment and signed by such bail and
docketed in the judgment docket of the court against such defendant
and bailors, which shall bind the property of the same in the same
manner as the judgment binds the property of the employer. In an ac
tion by a personal representative of a deceased workman, the court shall
determine the proportions of the judgment, whether in lump or in in
stallments, to be distributed between the widow and child, or children, Distribution.
with power to alter and amend the proportionment from time to time on
petition of any party interested £ts the court may deem best for the
support, maintenance, and education of such widow and children.
In any action under this chapter the court shall fix and allow, at Attorney’s fees,
the time of entering the judgment against the employer, a reasonable
fee to the workman’s attorney, to be taxed against the employer as
costs, and collectible in the same manner. From such allowance
there shall be no right of appeal. Such attorney shall have no claim
for compensation upon the judgment or its proceeds, other than as
herein provided. But no allowance, or any fee payable by the work
man to an attorney for services, or any fee payable by the workman
to an attorney for services in securing a recovery or disbursement,
shall ever exceed twenty-five (25) per centum of the principal of the
sum recovered; and the same shall not be made a lien on the recovery
of its proceeds, except as may be determined and allowed and fixed
by the court.
Sec. 3174. Any workman entitled to monthly or other payments from Payments are
preferred claims.
or to any judgment against any employer as above provided, as com 1
177982°—21—Bull. 272-

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pensation shall have the same preferential claim therefor against the
property and assets of the employer and any bailor, as now is allowed
by law for unpaid wages or personal services. No judgment or any
part thereof, nor monthly payments due, or coming due, under this
chapter shall be assignable by the workman or subject to mortgage,
levy, execution, or attachment. But the same shall stand as a con
tinuing provision for the maintenance and support of such injured
workman during his incapacity for the periods provided in this chapter.
Mental incomS e c . 3175. In case an injured workman, having a right of action under
petence.
^ Qprovisi0ns of this chapter, shall be mentally incompetent at the time
when any right or privilege accrues thereunder to him, a guardian may
be appointed by any court having jurisdiction, to secure and protect
the rights of such workman; and the guardian may claim and exercise
any and all of such rights or privileges with the same force and effect
as if the workman himself had been competent and had claimed or
exercised any such right or privilege; and no limitation of time pro
vided in any of the foregoing sections shall run so long as said incompe
tent workman has no guardian.
Effect of act.
S e c . 3176. This chapter shall be construed as a continuation of the law
contained in chapter 14 of the laws of the first legislature of the State of
Existing con- Arizona, second session. All workmen employed by an employer at
tracts*
manual and mechanical labor of the kinds defined in section 67 of this
title shall be deemed and held in law to be employed and working
subject to the provisions of this chapter, and the employer and the
workman shall alike be bound by and shall have each and every bene
fit and right given in this chapter the same as if a mutual contract to
that effect were entered into between the employer and the workman
at any time before the happening of any accident. It shall be lawful,
however, for the employer and workmen to disaffirm an employment
under the provisions of this chapter by written contract between them,
or by written notice by one to, and served upon the other to that effect
before the day of the accident.
Substitute
Provided, Such written contract does not provide for less compen
schemes.
sation than as provided in this chapter. And in the absence of such
written contract or written notice, served as above provided, it shall be
taken and held that the employment and service is under this chapter;
and the same shall be the sole measure of their respective rights and
liabilities when and as provided in this chapter.
Suits.
Provided, If, after the accident, either the employer or the workman
shall refuse to make or accept compensation under this chapter or to
proceed under or rely upon the provisions hereof for relief, then the
other may pursue his remedy or make his defense under other existing
statutes, the State constitution, or the common law, except as herein
provided, as his rights may at the time exist. Any suit brought by the
workman for a recovery shall be held as an election to pursue such
remedy exclusively.
Agreements.
S e c . 3177. Any employer employing workmen to perform labor or
services of other lands than as defined m this chapter, and such work
men and employees may, by agreement, at any time during the em
ployment, accept and adopt the provisions of this chapter as to liabil
ity for accident, compensation, and the methods and means of pay
ing and securing and enforcing the same. And in every such case
the provisions of this chapter shall be taken in law and fact to bind
the parties as fully as if they were specifically mentioned and em
braced in the provisions of this chapter.
Nature of act.
Sec. 3178. This chapter is remedial in its purpose and shall be con
strued and applied so as to secure promptly and without burdensome
expense to the workmen the compensation herein provided and appor
tioned so as to provide support during the periods named for the loss
of ability to earn full wages.
Construction.
g EC> 3179. Nothing in this chapter shall be deemed or taken to
repeal or affect in any way any other acts or laws passed by the first
legislature of the State of Arizona, and as [sic] in so far as it refers to
the same subject in other acts it shall be deemed to be cumulative
only.
Approved May 13, 1913.
In effect October 1 , 1913.

CALIFORNIA.
CONSTITUTION.
A r tic le X X .— Compensation and insurance legislation.
S e c t io n 21. The legislature is hereby expressly vested with plenary
power, unlimited by any provision of this constitution, to create and
enforce a complete system of workmen’s compensation, by appropriate
legislation, and in that behalf to create and enforce a liability on the
part of any or all persons to compensate any or all of their workmen
for injury or disability, and their dependents for death incurred or
sustained by the said workmen in the course of their employment,
irrespective of the fault of any party. A complete system of work
men’s compensation includes adequate provisions for the comfort,
health and safety, and general welfare of any and all workmen and
those dependent upon them for support to the extent of relieving from
the consequences of any injury or death incurred or sustained by work
men in the course of their employment, irrespective of the fault of any
party; also full provision for securing safety in places of employment;
full provision for such medical, surgical, hospital, and other remedial
treatment as is requisite to cure and relieve from the effects of such
injury; full provision for adequate insurance coverage against liability
to pay or furnish compensation; full provision for regulating such
insurance coverage in all its aspects, including the establishment and
management of a State compensation insurance fund; full proAdsion
for otherwise securing the payment of compensation; and full provision
for vesting power, authority, and jurisdiction in an administrative
body with all the requisite governmental functions to determine any
dispute or matter arising under such legislation, to the end that the
administration of such legislation shall accomplish substantial justice
in all cases expeditiously, inexpensively, and without incumbrance
of any character; all of which matters are expressly declared to be the
social public policy of this State, binding upon all departments of the
State government.
The legislature is vested with plenary powers to provide for the
settlement of any disputes arising under such legislation by arbitration,
or by an industrial accident commission, by the courts, or by either,
any, or all of these agencies, either separately or in combination, and
may fix and control the method and manner of trial of any such dispute,
the rules of evidence, and the manner of review of decisions rendered
by the tribunal or tribunals designated by it: Provided, That all deci
sions of any such tribunal shall be subject to review by the appellate
courts of this State. The legislature may combine in one statute all
the provisions for a complete system of workmen’s compensation, as
herein defined.
Nothing contained herein shall be taken or construed to impair or
render ineffectual in any measure the creation and existence of the
industrial accident commission of this State or the State compensation
insurance fund, the creation and existence of which, with all the
functions vested in them, are hereby ratified and confirmed.
Amendment adopted November 5, 1918.

Power to enact

‘

Safety, etc.

insurance,

Disputes,

STATUTES.
Compensation of workmen for injuries.1
S e c t io n 1. This act and each and every part thereof is an expression
of the police power and is also intended to make effective and apply
to a complete system of workmen’s compensation the provisions of sec* The original act, chapter 176, acts of 1913, was amended in 1915, and largely recast
in 1917. Other changes were made in 1919, so that the present law is the result of four
separate enactments. They are presented here in the form adopted by the Industrial
Accident Commission of the State.

ICh. 586,1917.)

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tion seventeen and one-half of article twenty and section twenty-one
of article twenty of the constitution of the State of California. A com
plete system of workmen’s compensation includes adequate provision
for the comfort, health, safety, and general welfare of any and all em
ployees and those dependent upon them for support to the extent of
relieving from the consequences of any injury incurred by employees
in the course of their employment, irrespective of the fault of any party;
also full provision for securing safety in places of employment, full pro
vision for such medical, surgical, hospital, and other remedial treatment
as is requisite to cure and relieve from the effects of such injury, full pro
vision for adequate insurance coverage against the liability to pay or
furnish compensation, full provision for regulating such insurance cover
age in all its aspects, including the establishment and management of a
State compensation insurance fund, full provision for otherwise securing
the payment of compensation, and full provision for vesting power,
authority, and jurisdiction in an administrative body with all the
requisite governmental functions to determine any matter arising
tinder this act to the end that the administration of this act shall accom
plish substantial justice in all cases expeditiously, inexpensively, and
without incumbrance of any character; all of which matters contained
in this section are expressly declared to be the social public policy of
this State, binding upon all departments of the State Government.
[Ch. 176,1913.]
gEC. 1 . This act shall be known, and may be cited, as the
Short title.
“ workmen’s compensation, insurance, and safety act” and shall apply
to the subjects mentioned in its title.
[Ch. 586,1917.]
gEC. 2. This ackshall be known and may be cited as the “ workmen’s
Short title.
compensation, insurance, and safety act of 1917 ” and shall apply to the
subjects mentioned in its title.
[Ch. 586, 1917.]
S e c . 3 (a s amended b y chapter 471, acts of 1919). The following
Definitions.
terms as used in this act shall, unless a different meaning is plainly re
quired by the context, be construed as follows:
( 1) The term “ commission” means the industrial accident commis
sion of the State of California as created under the provisions of chapter
one hundred seventy-six of the laws of 1913.
(2) The term “ commissioner ” means one of the members of the com
mission.
(3) The term ‘ ‘ compensation ” means compensation under this act
and includes every benefit or payment conferred by sections six to
thirty-one, inclusive, of this act upon an injured employee, or in the
event of his death, upon his dependents, without regard to negligence.
(4) The term “ injury, ” as used in this act, shall include any injury
or disease arising out of the employment, including injuries to artificial
members. In case of aggravation of any disease existing prior to such
injury, compensation shall be allowed only for such proportion of the
disability due to the aggravation of such prior disease as may reasonably
be attributed to the injury.
(5) The term “ damages” means the recovery^allowed in an action
at law as contrasted with compensation under this act.
( 6) The term “ person” includes an individual, firm, voluntary asso
ciation, or a public, quasi-public or private corporation.
(7) The term “ insurance carrier” includes the State compensation
insurance fund and any private company, corporation, mutual associa
tion, reciprocal or interinsurance exchange authorized under the laws
of this State to insure employers against liability for compensation
under this act and any employer to whom a certificate of consent to
self-insure has been issued.
(8 ) Whenever 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.
[Ch. 176,1913.]
S e c . 3. There is hereby created a board to consist of three members
cr^ted.m1ss10 n who shall be appointed by the governor from the State at large and
which shall be known as the “ Industrial Accident Commission” and
shall have the powers, duties, and functions hereinafter conferred.
Within thirty days prior to the first day of January, 1914, the governor
shall appoint the three members of said commission, one for the term
of two years, one for the term of three years, and one for the term of
four years. Thereafter the term of office of each commissioner shall

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be four years. Vacancies shall be filled by appointment in the same
manner for the unexpired term. Each commissioner shall receive an
annual salary of five thousand dollars. Each commissioner shall, before
entering upon the duties of his office, take and subscribe the constitu. tional oath of office.
S e c . 4. The commission shall organize by choosing one of its mem [Ch. 176, 1913.]
bers as chairman. A majority of the commission shall constitute a etc.Organization,
quorum for the transaction of any business, for the performance of
any duty, or for the exercise of any power or authority of the com
mission. A vacancy on the commission shall not impair the right of
the remaining members to perform all the duties and exercise all the
power and authority of the commission. The act of the majority of
the commission, when in session as a commission, shall be deemed to be
the act of the commission, but any investigation, inquiry, or hearing,
which the commission has power to undertake or to hold, may be
undertaken or held by or before any member thereof or any referee
appointed by the commission for that purpose, and every finding, order,
decision, or award made by any commissioner or referee, pursuant to
such investigation, inquiry, or hearing, when approved and confirmed
by the commission and ordered filed in its office, shall be deemed to be
the finding, order, decision, or award of the comrjiission.
S ec . 5. The commission shall have a seal, bearing the following [Ch. 176. 1913.]
inscription: “ Industrial Accident Commission State of California, seal.” Seal.
The seal shall be affixed to all writs and authentications of copies of
records and to such other instruments as the commission shall direct.
All courts shall take judicial notice of said seal.
S ec . 6 . The commission shall keep its principal office in the city and [Ch. 176,1913.]
county of San Francisco, and shall also keep an office in the city of Los Offices.
Angeles, and shall provide itself with suitable rooms, necessary office
furniture, stationery and other supplies. For the purpose of holding
sessions in other places, the commission shall have power to rent
temporary quarters.
S e c . 7. The commission shall have full power and authority:
( 1) To appoint as its attorney an attorney at law of this State, who [Ch. 176, 1913.]
shall hold office at the pleasure of the commission. It shall be the right Officers.
and the duty of the attorney to represent and appear for the people of
the State of California and the commission in all actions and proceed
ings involving any question under this act or under any order or act of
the commission and, if directed so to do by the commission, to intervene,
if possible, in any action or proceeding in which any such question is
involved; to commence, prosecute, and expedite the final determination Attorney.
of all actions or proceedings, civil or criminal, directed or authorized by
the commission; to advise the commission and each member thereof,
when so requested, in regard to all matters in connection with the juris
diction, powers, or duties of the commission and members thereof; and
generally to perform all duties and services as attorney to the com
mission which may be required of him.
(2) To appoint, and it shall appoint, a secretary, who shall hold office Secretary.
at the pleasure of the commission. It shall be the duty of the secretary
to keep a full and true record of all the proceedings of the commission,
to issue all necessary processes, writs, warrants, and notices which the
commission is required or authorized to issue, and generally to perform
such other duties as the commission may prescribe. The commission
may also appoint such assistant secretaries as may be necessary, and such
assistant secretaries may perform any duty of the secretary, when so
directed by the commission.
(3) To appoint a manager of the State compensation insurance fund, M a n a g e r of
4
who shall hold office at the pleasure of the commission. It shall be the State fund.
duty of such manager to manage, supervise, and conduct, subject to
the general direction and approval of the commission, the business
and affairs of the State compensation insurance fund and to perform
such other duties as the commission may prescribe. Before entering
on the duties of his office he must give an official bond in the sum of
fifty thousand dollars, and take and subscribe to an official oath. Said
bond must be approved by the commission, by written endorsement
thereon, and be filed in the office of the secretary of state.

310

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(4) To appoint a superintendent of the department of safety, who
shall hold office at the pleasure of the commission and who shall per
form such duties as the commission shall prescribe.
(5) To employ such other assistants, officers, experts, statisticians,
actuaries, accountants, inspectors, referees, and other employees as it
may deem necessary to carry out the provisions of this act, or to per
form the duties and exercise the powers conferred by law upon the
commission.
[Ch. 586,1917.]
S ec . 4. The commission shall have power and authority to appoint
Assistant attor an aggigtant to its attorney, who shall be an attorney at law of this State,
and who shall hold office at the pleasure of the commission. It shall be
the right and duty of such assistant attorney to perform any of the
duties of the attorney of the commission under the direction of the
commission or its attorney.
[Ch. 586, 1917.]
S e c . 5. Said commission is hereby vested with full power, authority,
Powers.
and jurisdiction under the provisions of this act and charged with the
duties defined by the provisions of this act in addition to all other
power, authority, jurisdiction, and duties conferred upon it and exer
cised by it as heretofore created, constituted, and existing.
S e c . 8 . All officers and employees of the commission shall receive
such compensation for their services as may be fixed by the commission
and shall hold office at the pleasure of the commission and shall per
form such duties as are imposed on them by law or by the commission.
[Ch. 176,1913.] The salaries of the members of the commission, its attorney, secretary,
[Salaries.
and assistant secretary, as fixed by law or the commission, shall be
paid in the same manner as are the salaries of other State officers. The
salary or compensation of every other person holding office or employ
ment under the commission, as fixed by law or by the commission,
shall be paid monthly, after being approved by the commission, upon
claims therefor to be audited by the State board of control. All ex
penses incurred by the commission pursuant to the provisions of this
act, including the actual and necessary traveling and other expenses
and disbursements of the members thereof, its officers and employees,
incurred while on business of the commission, either within or without
the state, shall, unless otherwise provided in this act, be paid from the
funds appropriated for the use of the commission, after being approved
by the commission, upon claims therefor to be audited by the board of
control: Provided, however, That no such expenses incurred outside of
the State shall be allowed unless prior authorization therefor be ob
tained from the board of control.
[Ch. 176,1913.]
S e c . 9. In all cases in which salaries, expenses, or outgoings of one
Expenses.
department under the jurisdiction of the commission are expended in
whole or in part on behalf of another department the commission may
apportion the same between such departments.
[Ch. 176,1913.]
S e c . 10. The commission shall cause to be printed and furnished
orms.
free of charge to any employer or employee, or other person, such
blank forms as it shall deem requisite to facilitate or promote the
efficient administration of this act; it shall provide a book in which shall
Records.
be entered the minutes of all its proceedings, a book in which shall be
recorded all awards made by the commission, and such other books
or records as it shall deem requisite for the proper and efficient adminis
tration of this act; all such records to be kept in the office of the com
mission.
S e c . 11 . The commission shall also have power and authority:
[Ch. 176,1913.]
( i ) To charge and collect the following fees: For copies of papers
ees*
and records not required to be certified or otherwise authenticated by
the commission, ten cents for each folio; for certified copies of official
documents and orders filed in its office or of the evidence taken on
proceedings had, fifteen cents for each folio,
Reports.
(2) To publish and distribute in its discretion from time to time, in
addition to its annual report to the governor of the State, such further
reports and pamphlets covering its operations, proceedings and matters
relative to its work as it may deem advisable.
(3) To fix and collect reasonable charges for publications issued
under its authority.
(4) The fees charged and collected under this section shall be paid
monthly into the treasury of the State to the credit of the “ industrial
accident fund” and shall be accompanied by a detailed statement
thereof.

TEXT OF LAW S— CALIFORNIA.

311

Sec. (T (as amended by Chapter 471, acts of 1919). (a) Iliability for ^^iplns'atio”
the compensation provided by this act, in lieu of any other liability payable
Compensation
when.
whatsoever to any person, shall, without regard to negligence, exist
against an employer for any injury sustained by his employees arising
out of and in the course of the employment and for the death of any
such employee if the injury shall proximately cause death, in those
cases where the following conditions of compensation concur:
( 1) Where, at the time of the injury, both the employer and employee
are subject to the compensation provisions of this act.
(2) Where, at the time of the injury, the employee is performing
service growing out of and incidental to his employment and is acting
within the course of his employment.
JS) Where the injury is proximately caused by the employment,
either with or without negligence, and is not caused by the intoxication
of the injured employee, or is not intentionally self-inflicted.
(-1) Where the injury is caused by the serious and willful misconduct
Willful misconof the injured employee, the compensation otherwise recoverable by ct’
him shall be reduced one-half: Provided, however, That such miscon
duct of the employee shall not be a defense to the claim of the depend
ents of said employee, if the injury results in death, or to the claim
of the employee, if the injury results in a permanent partial disability
equaling or in excess of seventy per cent of total: And provided further,
That such misconduct of said employee shall not be a defense where
his injury is caused by the failure of the employer to comply with any
provision of law, or any safety order of the commission, with reference
to the safety of places of employment: And provided further. That in
case of an injury suffered by an employee under sixteen years of age,
it shall be conclusively presumed that such injury was not caused by
serious and willful misconduct.
(b) Where such conditions of compensation exist, the right to recover Acts of emsuch compensation, pursuant to the provisions of this act, shall be p yers'
the exclusive remedy against the employer for the injury or death:
Provided, That where the employee is injured by reason of the serious
and willful misconduct of the employer, or his managing representative,
or if the employer be a partnership, on the part of one of the partners,
or if a corporal ion, on the part of an executive or managing officer or
general superintendent thereof, the amount of compensation otherwise
recoverable for injury or death, as hereinafter provided, shall be
increased one-half, any of the provisions of this act as to maximum
payments or otherwise to the contrary notwithstanding: Provided,
however, That said increase of award shall in no event exceed two
thousand five hundred dollars.
(c) In all other cases where the conditions of compensation do not
concur, the liability of the employer shall be the same as if this act
had not been passed.
S ec . 7 (as amended by chapter 471, acts of 1919). The term LCk- 586>1917-1
“ employer” as used in sections six to thirty-one, inclusive, of this
p yer‘
act shall be construed to mean: The State, and each county, city
and county, city, school district, irrigation district, all other dis
tricts established by law, and all public corporations and quasi
public corporations and public agencies therein, and every person,
firm, voluntary association, and private corporation, including any
public service corporation, who has any person in service under any
appointment or contract of hire, or apprenticeship, express or implied,
oral or written, and the legal representative of any deceased employer.
S e c . 8 . (a) The term “ employee” as used in sections six to thirty
[Ch. 586, 1917.]
one, inclusive, of this act shall be construed to mean: Every person in
p yee’
the service of an employer as defined by section seven hereof under any
appointment or contract of hire or apprenticeship, express or implied,
oral or written, including aliens, and also including minors, whether
lawfully or unlawfully employed, and all elected and appointed paid
public officers, and all officers and members of boards of directors of
quasi-public or private corporations, while rendering actual service for
such corporations for pay, but excluding any person whose employment Employments
is both casual and not in the course of the trade, business, profession or excluded*
occupation of his employer, and also excluding any employee engaged
in household domestic service, farm, dairy, agricultural, viticultural or

312

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u n ite d s ta te s .

horticultural labor, in stock or poultry raising and any person holding
an appointment as deputy clerk, deputy sheriff or deputy constable
appointed for the convenience of such appointee, who receives no com
pensation from the county or municipal corporation or from the citizens
thereof for services as such deputy: Provided, That such last exclusion
shall not deprive any person so deputized from recourse against any
private person employing him for injury occurring in the course of and
arising out of such employment.
Presumption of
(&) Any person rendering service for another, other than as an indeempioyment.
pendent contractor, or as expressly excluded herein, is presumed to
be an employee within the meaning of this act. The term 4‘indepen
dent contractor” shall be taken to mean, for the purposes of this act,
any person who renders service, other than manual labor, for a specified
recompense for a specified result, under the control of his principal as
to the result of his work only and not as to the means by which such
result is accomplished. A working member of a partnership receiving
wages irrespective of profits from such partnership shall be deemed an
employee within the meaning of this section.
Casual workers.
(c) The term “ casual” as used in this section shall be taken to refer
only to employments where the work contemplated is to be completed
in not exceeding ten working days, without regard to the number of
men employed, and where the total labor cost of such work is less than
one hundred dollars. The phrase “ course of the trade, business, pro
fession or occupation of his employer” shall be taken to include all
services tending toward the preservation, maintenance or operation of
the business, business premises or business property of the employer.
The words “ trade, business, profession or occupation of his employer”
shall be taken to include any undertaking actually engaged in by him
with some degree of regularity, the trade name, articles of incorporation
or principal business of the employer to the contrary notwithstanding.
Watchmen.
(c?) Watchmen for nonindustrial establishments, paid by subscription
by several persons, shall not be held to be employees within the meaning
of this act. In other cases where watchmen, paid by subscription by j
several persons, have at the time of the injury sustained by them taken j
out and maintained in full force and effect insurance upon themselves
as self-employing persons conferring benefits equal to those conferred by ,
this act, the employer shall not be liable under this act.
4
Persons unlaw(g) It shall not be a defense to the State, or any political subdivision
fully employed. Qr institution thereof, or public or quasi-public corporation, that a person *
injured while rendering service for it was not lawfully employed by
reason of the violation of any civil service or other law, rule, or regu
lation respecting the hiring of employees.
!
Partnerships of
(^) Workmen associating themselves under a partnership agreement
wor men.
principai purpose of which is the performance of the labor on a
particular piece of work, shall be deemed employees of the person
having such work executed, and, in the event the average weekly earn
ings are not otherwise ascertainable, shall be deemed to be Employed at
an average weekly wage of twelve dollars: Provided, however, That if
such workmen shall have taken out and maintained in full force and
effect insurance, in an insurance carrier as defined in this act, insuring
to themselves and all persons employed by them benefits identical with
those conferred by this act, the person for whom such work is to be
done shall not be liable as an employer under this act.
ICh. 586, 1917.]
S e c . 9 (as amended by chapter 471, acts of 1919). Where liability
ment?
treat_ f 0y compensation under this act exists, such compensation shall be
furnished or paid by the employer and be as provided in the following
schedule:
(a)
Such medical, surgical and hospital treatment, including nursing,
medicines, medical and surgical supplies, crutches and apparatus,
including artificial members, as may reasonably be required to cure and
relieve from the effects of the injury, the same to be provided by the
employer, and in case of his neglect or refusal seasonably to do so, the
employer to be liable for the reasonable expense incurred by or on be
half of the employee in providing the same: Provided, That if the
employee so requests, the employer shall tender him one change of
physicians and shall nominate at least three additional practicing physi
cians competent to treat the particular case, or as many as may be

T E X T

O F

L A W S ----C A L I F O R N I A .

313

available if three can not reasonably be named, from whom the em
ployee may choose; the employee shall also be entitled, in any serious
case^ upon request, to the services of a consulting physician to be
provided by tne employer; all of said treatment to be at the expense
of the e m p l o y e r I f the employee so requests, the employer must
procure certification Jby the commission or a commissioner of the com
petency for the particular case of the consulting or additional physi
cians: Provided further, That the foregoing provisions regarding a
change of physicians shall not apply to those cases where the employer
maintains, for his own employees, a hospital and hospital staff, the
adequacy and competency of which have been approved by the com
mission. Nothing contained in this section shall be construed to limit
the right of the employee to provide, in any case, at his own expense,
a consulting physician or any attending physicians whom he may
desire. Controversies between employer and employee, arising under
this section, shall be determined by the commission, upon the request
of either party.
(b)
If the injury causes temporary disability, a disability payment Temporary dlswhich shall be payable for one week in advance as wages on the eighth ablllty*
day after the injured employee leaves work as a result of the injury.
If the injury causes permanent disability, a disability payment which
shall be payable for one week in advance as wages on the eighth day
after the injury. Such indemnity shall thereafter be payable on the
employer’s regular pay day, but not less frequently than twice in each
calendar month, unless otherwise ordered by the commission, subject,
however, to the following limitations:
(1) If the period of disability does not last longer than seven days Waiting time,
from the day the employee leaves work as the result of the injury, no
disability payment whatever shall be recoverable.
(2 ) If the period of disability lasts longer than seven days from the
day the employee leaves work as the result of the injury, no disability
payment shall be recoverable for the first seven days of disability
suffered.
2. The disability payment shall be as follows:
(1) If the injury causes temporary total disability, sixty-five per cent Temporary disof the average weekly earnings during the period of such disability, abllit5rconsideration being given to the ability of the injured employee to
compete in an open labor market;
(2) If the injury causes temporary partial disability, sixty-five per
cent of the weekly loss in wages during the period of such disability;
(3) If the temporary disability caused by the injury is at times total
and at times partial the weekly disability payment during the period
of each such total or partial disability shall be in accordance with
paragraphs one and two of this subdivision respectively;
(4) Paragraphs one, two, and three of this subdivision shall be Maximum limlimited as follows: Aggregate disability payments for a single injury •
causing temporary disability shall not exceed three times the average
annual earnings of the employee, nor shall the aggregate disability
period for such temporary disability in any event extend beyond two
hundred forty weeks from the date of the injury.
(5) If the "injury causes permanent disability, the percentage of Permanent diadisability to total disability shall be determined and the disability payment computed and allowed as follows: For a one per cent disability,
sixty-five per cent of the average weekly earnings for a period of four
weeks; for a ten per cent disability, sixty-five per cent of the average
weekly earnings for a period of forty weeks; for a twenty per cent
disability, sixty-five per cent of the average weekly earnings for a
period of eighty weeks; for a thirty per cent disability, sixty-five per
cent of the average weekly earnings for a period of one hundred twenty
weeks; for a forty per cent disability, sixty-five per cent of the average
weekly earnings for a period of one hundred sixty weeks; for a fifty Rates,
per cent disability, sixty-five per cent of the average weekly earnings
for a period of two hundred weeks; for a sixty per cent disability,
sixty-five per cent of the average weekly earnings for a period of two
hundred forty weeks; for a seventy per cent disability, sixty-five per
cent of the average weekly earnings for a period of two hundred forty
weeks, and thereafter ten per cent of such weekly earnings during the

314

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remainder of life; for an eighty per cent disability , sixty-five per cent
of the average weekly earnings for a period of two hundred forty
weeks and thereafter twenty per cent of such weekly earnings during
the remainder of life; for a ninety per cent disability, sixty-five per
cent of the average weekly earnings for a period of two hundred forty
weeks and thereafter thirty per cent of such weekly earnings during
the remainder of life; for a hundred per cent disability, sixty-five per
cent of the average weekly earnings for a period of two hundred forty
weeks and thereafter forty per cent of such weekly earnings during the
remainder of life.
Interm ediate
(6) The payment for permanent disabilities intermediate to those
ratings.
fixed by the foregoing schedule shall be computed and allowed as fol
lows: If under seventy per cent, sixty-five per cent of the average
weekly earnings for four weeks for each one per cent of disability; if
seventy per cent or over, sixty-five per cent of the average w'eekly
earnings for two hundred forty weeks and thereafter one per cent of
such weekly earnings for each one per cent of disability in excess of
sixty per cent to be paid during the remainder of life.
D e te rm in in g
( 7) In determining the percentages of permanent disability, account
percentages.
shall be taken of the nature of the physical injury or disfigurement, the
occupation of the injured employee, and his age at the time of such
injury, consideration being given to the diminished ability of such
injured employee to compete in an open labor market.
Double injury.
(8) Where an injury causes both temporary and permanent disa
bility, the injured employee shall not be entitled to both a temporary
and permanent disability payment, but only to the greater of the two.
(9) The following permanent disabilities shall be conclusively pre
sumed to be total in character: Loss of both eyes or the sight thereof;
loss of both hands or the use thereof; an injury resulting in a prac
tically total paralysis; an injury to the brain resulting in incurable
imbecility or insanity. In all other cases, permanent total disability
shall be determined in accordance with the fact.
( 10) The percentage of permanent disability caused by any injury
shall be so computed as to cover the permanent disability caused by
that particular injury without reference to any injury previously
suffered or any permanent disability caused thereby.
Schedule.
(ix) The commission may prepare, adopt, and from time to time
amend, a schedule for the determination of the percentages of perma
nent disabilities, such table to be based upon the proper combinations
of the factors indicated in subdivision seven above. Such schedule
shall be available for public inspection and without formal introduc
tion in evidence shall be prima facie evidence of the percentage of
permanent disability to be attributed to each injury covered by said
schedule.
Accrued bene
3. The death of an injured employee shall not affect the liability of
fits.
the employer under subsections (a) and ( 6) of this section, so far as
such liability has accrued and become payable at the date of the death,
and any accrued and unpaid compensation shall be paid to the depend
ents, if any, or, if there are no dependents, to the personal representa
tive of the deceased employee or heirs or other persons entitled thereto,
without administration, but such death shall be deemed to be the
termination of the disability.
Death.
(c)
If the injury causes death, either with or without disability, the
burial expense of the deceased employee as hereinafter limited and a
death benefit which shall be payable in installments equal to sixty-five
per cent of the average weekly earnings of the deceased employee, upon
the employer’s regular pay day, but not less frequently than twice in
each calendar month, unless otherwise ordered by the commission,
which death benefit shall be as follows:
Dependents.
( i ) Jn case the deceased employee leaves a person or persons wholly
dependent upon him for support, such dependents shall be allowed the
reasonable expense of his burial, not exceeding one hundred dollars,
and a death benefit, which shall be a sum sufficient, when added to the
disability indemnity which at the time of death has accrued and
become payable, under the provisions of subsection (&) hereof, and the
said burial expense, to make the total disability indemnity, cost of
burial and death benefit equal to three times his average annual earn-

TEXT OF LAWS— CALIFORNIA.

315

iiigs, such average annual earnings to be taken at not less than three
hundred thirty-three dollars and thirty-three cents nor more than one
thousand six hundred sixty-six dollars and sixty-six cents.
(2) In case the deceased employee leaves no person wholly dependent
upon him for support, but one or more persons partially dependent Partial dependtherefor, the said dependents shall be allowed the reasonable expense ents‘
of his burial, not to exceed one hundred dollars, and in addition thereto,
a death benefit which shall amount to three times the annual amount
devoted by the deceased to the support of the person or persons so
partially dependent: Provided, That the death benefit shall not be
greater than a sum sufficient, when added to the disability indemnity
which, at the time of the death, has accrued and become payable
under the provisions of subsection (b) hereof, together with the cost of
the burial of such deceased employee, to make the total disability
indemnity, cost of burial and death benefit equal to three times his
average annual earnings, such average annual earnings to be taken at
not less than three hundred thirty-three dollars and thirty-three cents
nor more than one thousand six hundred sixtv-six dollars and sixtysix cents.
(3) If the deceased employee leaves no person dependent upon him No dependents,
for support, the death benefit shall consist of the reasonable expense of
his burial, not exceeding one hundred dollars an d su ch oth er b en efit
as may be provided by law.
(c?) Payment of compensation in accordance with the order and
direction of the commission shall discharge the employer from all
claims therefor.
S e c . 1 0. The commission shall have power to in sp e c t an d d e te rm in e [Ch*
„
the adequacy of hospitals and hospital facilities supplied by employers
erb 0a"
or by mutual associations of employees, with or without the concur
rence of the employer, for the treatment of injuries coming within the
provisions of this act. No part of any contribution paid by employees
or deducted from their wages for the maintenance of such hospital
facilities shall be devoted to the payment of any portion of the cost of
providing compensation prescribed by this act. N o th in g contained in
this section shall be taken to prevent any h o sp ita l association or m e d ic a l
department furnishing the treatment prescribed in this act free of charge
to employees. Every such hospital shall make to th e co m m issio n from
time to time, upon demand, but not less frequently than once a year,
reports of receipts, disbursements, and services rendered to or for em
ployees. If, in the judgment of the c o m m issio n , the services or e q u ip
ment of any hospital are inadequate to m e e t th e reasonable re q u ire
ments of medical treatment contemplated in se c tio n n in e (a) of th is a c t,
the commission may, after notice and an opportunity to b e heard,
declare such facilities to be inadequate and thereafter in ju re d employees
of such employer may procure treatment elsewhere, and the reason
able cost thereof shall be a charge against such e m p lo y e r under said
section nine (a). Any finding of the commission, after su ch n o tic e ,
determining the fact of such inadequacy, shall b e conclusive evidence
in any proceeding for compensation of the fact of such inadequacy
during the period covered by such finding. Such finding of inade
quacy may be amended, modified, or rescinded by the commission at
any time upon good cause appearing therefor.
S e c . 11. (a) Unless compensation is paid or an agreement for its [Cb. 586,1917.]
payment made within the time limited in this section for the institus*
tion of proceedings for its collection, the right to institute such proceed
ings shall be barred: Provided, That the filing of an application with
the commission for any portion of the benefits prescribed by this act
shall render this section inoperative as to all further claims of any per
son or persons for compensation arising from the same transaction, and
the right to present such further claims shall be governed by the pro
visions of section twenty (d) and section sixty-five (b) of this act.
(b)
The periods within which proceedings for the collection of com
pensation may be commenced are as follows:
(1)
Proceedings for the collection of the benefit provided by sub
section (a) of section nine or for the collection of the disability payment
provided by subsection ( 6) of said section nine must be commenced

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In six months, within six months from the date of the injury, except as otherwise
provided in this act.
(2 )
Proceedings for the collection of the death benefit provided by
In one year.
subsection (c) of said section nine must be commenced within one year
from the date of death, and in any event within two hundred forty
weeks from the date of the injury, and can only be maintained when it
appears that death ensued within one year from the date of the injury,
or that the injury causing death also caused disability which contin
ued to the date of the death and for which a disability payment was
made, or an agreement for its payment made, or proceedings for its
collection commenced within the time limited for the commencement
of proceedings for the recovery of the disability payment.
(c) The payment of compensation, or any part thereof, or agreement
Extension 0 f therefor, shall have the effect of extending the period within which
time.
proceedings for its collections may be commenced, six months from the
date of the agreement or last payment of such compensation, or any
part thereof, or the expiration of the period covered by any such pay
ment: Provided, however, That nothing contained in this section shall be
construed to bar the right of any injured employee to institute pro
ceedings for the collection of compensation within two hundred fortyfive weeks after the date of the injury upon the grounds that the
original injury has caused new and further disability; and the jurisdic
tion of the commission, in such cases, shall be a continuing jurisdiction
at all times within such period: Provided further, That the provisions
of this section shall not apply to an employee who is totally disabled
and bedridden as a result of his injury, during the continuance of such
condition or until the expiration of six months thereafter.
(d) If an injured employee, or in the case of his death, one or more
Incompetents. of his dependents, shall be under twenty-one years of age or incom
petent at any time when any right or privilege accrues to such person
under the provisions of this act, a general guardian, appointed by the
court, or a guardian ad litem or trustee appointed by the commission or
a commissioner may, on behalf of any such person, claim and exercise
any such right or privilege with the same force and effect as if no such
disability existed; and no limitation of time provided by this act shall
run against any such person under twenty-one years of age or incom
petent unless and until such guardian or trustee is appointed. ^ The
commission shall have power to determine the fact of the minority or
incompetency of any injured employee and may appoint a trustee to
receive and disburse compensation payments for the benefit of such
minor or incompetent and his family.
Refusal o. medi
(e) No compensation shall be payable in case of the death or dis
cal treatment.
ability of an employee if his death is caused, or if and so far as his dis
ability is caused, continued, or aggravated, by an unreasonable refusal
to submit to medical treatment, or to any surgical treatment, the risk of
which is, in the opinion of the commission, based upon expert medical
or surgical advice, inconsiderable in view of the seriousness of the
injury.
P re -e x istin g
(f) The fact that an employee has suffered a previous disability, or
disability.
receives compensation therefor, shall not preclude him from compensa
tion for a later injury, or his dependents from compensation for death
resulting therefrom, but in determining compensation for the later
injury, or death resulting therefrom, his average annual earnings shall
be fixed at such sum as will reasonably represent his annual earning
capacity at the time of the later injury.
Advance pay
(g) Any payment, allowance, or benefit received by the injured
ments.
employee during the period of his incapacity, or by his dependents in
the event of his death, which by the terms of this act was not then due
and payable, or when there is any dispute or question concerning the
right to compensation, shall not, in the absence of any agreement, be
construed to be an admission of liability for compensation on the part
of the employer, or the acceptance thereof as a waiver of any right or
claim which the employee or his dependents may have against the
employer, but any such payment, allowance, or benefit may be taken
into account by the commission in fixing the amount of the compen
sation to be paid.

TEXT OF LAW S— CALIFORNIA.

317

(h)
The running of the period of limitations prescribed by this Limitation as a
section is an affirmative defense and operates to bar the remedy and not defense.
to extinguish the right of the employee. It may be waived, and failure
to present such defense prior to the submission of the cause for decision
shall be a sufficient waiver.
Sec. 12. (a) The average annual earnings referred to in section nine [Ch. 586,1917.]
Average earn*
hereof shall be fifty-two times the average weekly earnings referred to ings.
in said section; in computing such earnings the average weekly earn
ings shall be taken at not less than six dollars and forty-one cents nor
more than thirty-two dollars and five cents, and three times the average
annual earnings shall be taken at not less than one thousand dollars nor
more than five thousand dollars, and between said limits said average
weekly earnings shall be arrived at as follows:
(1) If the injured employee has worked in the same employment,
whether for the same employer or not, during at least two hundred sixty
days of the year preceding his injury his average weekly earnings shall
consist of ninety-five per cent of six times the daily earnings at the time
of such injury where the employment is for six full working days a
week. Where his employment is for five, five and one-half, six and
one-half, or seven working days a week the average weekly earnings
shall be ninety-five per cent of five, five and one-half, six ana one-half,
or seven times the daily earnings at the time of the injury, as the case
may be.
(2) If the injured employee has not so worked in such employment
during at least two hundred sixty days of such preceding year, his
average weekly earnings shall be based upon the daily earnings, wage,
or salary of an employee of the same class working at least two hundred
sixty daysof such preceding year in the same or a similar kind of em
ployment in the same or a neighboring place, computed in accordance
with the provisions of the preceding subdivision.
(3) If the earnings be irregular or specified to be by the week, month,
or other period, then the average weekly earnings mentioned in sub
divisions ( 1) and (2 ) above shall be ninety-five per cent of the average
earnings during such period of time, not exceeding one year, as may
conveniently be taken to determine an average weekly rate of pay.
(4) Where the employment is for less than five days per week or is
seasonal or where for any reason the foregoing methods of arriving at
the average weekly earnings of the injured employee can not reasonably
and fairly be applied, such average weekly earnings shall be taken at
ninety-five per cent of such sum as shall reasonably represent the
average weekly earning capacity of the injured employee at the time of
his injury, due consideration being given to his actual earnings from all
sources and employments during the year preceding his injury. Pro
vided, That the earnings from other occupations shall not be allowed in
excess of the rate of wages paid at the time of the injury.
( 6) In determining such average weekly earnings, there shall be Overtime.
included overtime and the market value of board, lodging, fuel, and Board, etc.
other advantages received by the injured employee as part of his re
muneration which can be estimated in money, but such average
weekly earnings shall not include any sum which the employer may pay
to the injured employee to cover any special expenses entailed on him
by the nature of his employment.
# (c) If the injured employee is under twenty-one years of age and Minors.
his incapacity is permanent his average weekly earnings shall be
deemed, within the limits fixed, to be the weekly sum that under ordi
nary circumstances he would probably be able to earn after attaining the
age of twenty-one years in the occupation in which he was employed at
the time of the injury or in any occupation to which he would reason
ably have been promoted if he had not been injured, and if such prob
able earnings after attaining the age of twenty-one years can not reason
ably be determined, such average weekly earnings shall be based upon
three dollars a day for a six-day week.
Sec. 13. The weekly loss in wages in case of temporary partial dis [Ch. 586,1917.]
ability shall consist of the difference between the average weekly Wage loss.
earnings of the injured employee, computed according to the provi
sions of section nine, and the weekly amount which the injured em-

318

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 ta te s .

ployee will probably be able to earn during tlie disability, to be de
termined in view of the nature and extent of the injury. In comput
ing such probable earnings due regard shall be given to the ability of
the injured employee to compete in an open labor market. If evidence
of exact loss of earnings be lacking, such weekly loss in wages may be
computed from the proportionate loss of physical ability or earning
power caused by the injury.
[Ch.586,1917.]
s Ec. 1*4 (as amended by chapter 471, acts of 1919). (a) The followDependents. ^ng ghgji be conclusively presumed to be wholly dependent for support
upon a deceased employee: Provided, That these presumptions shall
not apply in favor of aliens who are nonresidents of the United States
at the time of the injury:
( 1) A wife upon a husband with whom she was living at the time of
his injury or for whose support such husband was legally liable at the
time of his injury.
(2 ) A child pr children under the age of eighteen years, or over said
age, but physically or mentally incapacitated from earning, upon the
parent wTith whom he or they are living at the time of the injury of such
parent or for whose maintenance such parent was legally liable at the
time of injury, there being no surviving dependent parent.
(6)
In all other cases, questions of entire or partial dependency and
questions as to who constitute dependents and the extent of their
dependency shall be determined in accordance with the fact as the fact
may be at the time of the injury of the employee.
(c) No person shall be considered a dependent of any deceased
employee unless in good faith a member of the family or household
of such employee, or unless such person bears to such employee the
relation of husband or wife, child, posthumous child, adopted child or
stepchild, father or mother, father-in-law or mother-in-law, grand
father or grandmother, brother or sister, uncle or aunt, brother-in-law
or sister-in-law, nephew or niece.
(d) 1 . If there is one or more persons wholly dependent for support
upon a deceased employee, such person or persons shall receive the
entire death benefit, and any person or persons partially dependent
shall receive no part thereof.
2 . If there is more than one such person wholly dependent for support
upon a deceased employee, the death benefit shall be divided equally
among them. #
3. If there is more than one person partially dependent for support
upon a deceased employee, and no person wholly dependent for sup
port, the amount allowed as a death benefit shall be divided among the
persons so partially dependent in proportion to the relative extent of
their dependency.
Adjustments.
The commission may, anything in this act contained to the con
trary notwithstanding, set apart or reassign the death benefit to any one
or more of the dependents in accordance with their respective needs
and as may be just and equitable, and may order payment to a depend
ent subsequent in right, or not otherwise entitled, upon good cause
being shown therefor. Such death benefit shall be paid to such one
or more of the dependents of the deceased or to a trustee appointed by
the commission or a commissioner for the benefit of the person or
persons entitled, as may be ^determined by the commission. The person
to whom the death benefit is paid for the use of the several beneficiaries
shall apply the same in compliance with the findings and directions of
Death of bene- the commission.
In the event of the death of a dependent beneficiary
ciary*
of any deceased employee, if there be no surviving dependent, the death
of such dependent shall terminate the death benefit, which shall not
survive to the estate of such deceased dependent, except that payments
of such death benefit accrued and payable at the time of the death of
such sole remaining dependent shall be paid upon the order of the
commission to the heirs of such dependent or, if none, to the heirs of
the deceased employee, without administration.
Sot*c86,of17|n- ®.EC- 15- No claim to recover compensation under this act shall be
Jury.1 6
" niaintained unless within thirty days after the occurrence of the injury
which is claimed to have caused the disability or death, notice in
writing, stating the name and the address of the person injured, the time
and the place where the injury occurred, and the nature of the injury,

TEXT OF LAW S— CALIFORNIA.

319

and signed by the person injured or some one in his behalf, or, in case of
his death, by a dependent or some one in his behalf, shall be served
upon the employer: Provided, however, That knowledge of such injuryt
obtained from any source, on the part of such employer, his managing
agent, superintendent, foreman, or other person in authority, or knowl
edge of the assertion of a claim of injury sufficient to afford opportunity
to the employer to make an investigation into the facts, shall be equiva
lent to such service: And provided further, Th£t the failure to give any
such notice, or any defect or inaccuracy therein, shall not be a bar to
recovery under this act if it is found as a fact in the proceedings for the
collection of the claim that there was no intention to mislead or prejudice
the employer in making His defense and that he was not in fact so
misled or prejudiced thereby.
Sec. 16. (a) Whenever the right to compensation under this act Khi 15861»1917-J,
would exist in favor of any employee, he shall, upon the written request natton. exa
of his employer, submit from time to time, as may be reasonable, to
examination by a practicing physician, who shall be provided and paid
for by the employer^ and shall likewise submit to examination from time
to time by any physician selected by the commission or any member or
referee thereof.
(b The request or order for such examination shall fix a time and
place therefor, due consideration being given to the convenience of the
employee and his physical condition and ability to attend at the time
and place fixed The employee shall be entitled to have a physician
provided and paid for by himself present at any examination required
by his employer. So long as the employee, after such written request
of the employer, shall fail or refuse to submit to such examination or
shall in any way obstruct the same, his right to begin or maintain any
proceeding for the collection of compensation shall be suspended; ana
if he shall fail or refuse to submit to examination after direction by the
commission, or any member or referee thereof, or shall in any wav
obstruct the same, his right to the disability payments which shall
accrue during the period of such failure, refusal, or obstruction shall be
barred. Any physician who shall make or be present at any such
examination may be required to report or testify as to the results
thereof.
Sec.# 17 (as amended by chapter 471, acts of 1919). (a) Upon [Ch. 5 86,1917.]
the filing with the commission by any party in interest, his atroceaure.
torney, or other representative authorized in writing, of an appli
cation in writing stating the general nature of any dispute or controversy
concerning compensation, or concerning any right or liability aris
ing out of, or incidental thereto, jurisdiction over which is vested
b y this act in the commission, a time and place shall be fixed
for the hearing thereof, which hearing, unless otherwise agreed to by all
the parties thereto, must be held not less than ten days nor more than
thirty days after the filing of such application. The person filing such
application shall be known as the applicant and the adverse party shall
be known as the defendant. A copy of said application, together with
a notice of the time and place of hearing thereof, shall forthwith be
served upon all adverse parties and may be served either as a summons
in a civil action or in the same manner as any other notice that is
authorized or required to be served under the provisions of this act.
A notice of the time and place of hearing shall also be served upon the
applicant.
(b\ The jurisdiction of the commission shall include any controversy
relating to or arising out of the provisions of subsection (a) of section
nine of this act, unless an express agreement shall have been made
between the persons or institutions rendering such treatment and the
employer or insurance carrier fixing the amount to be paid for the
services.
(c) There shall be but one cause of action for each transaction
coming within the provisions of this act, and all claims brought for
medical expense, disability payments, death benefits, burial expense,
liens or any other matter arising out of such transaction may, m the
discretion of the commission, be joined in the same proceeding at any
time.
(d) The death of an employer subsequent to the sustaining of an
injury by an employee shall not impair the right of such employee to

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t h e u n ite d s ta te s .

proceed before the commission against the estate of such employer, and
the failure of such employee or his dependents to cause the claim to be
presented to the executor or administrator of the estate shall not in
any way bar or suspend such right.
[Ch. 586.1917.]
s Ec . 18. (a) If any defendant desires to disclaim any interest in
etc 1SCiaimers,the Bubject-matter of the claim in controversy, or considers that the
application is in any respect inaccurate or incomplete, or desires to
bring any fact, paper o f document to the attention of the commission
as a defense to the claim, or otherwise, he may, within five days after
the service of the application upon him, file with or mail to the com
mission his answer setting forth the particulars in Which the application
is inaccurate or incomplete, and the facts upon which he intends to rely.
A copy of such answer must be forthwith served upon all adverse
parties. Evidence upon matters not pleaded by answer shall be allow
ed only upon such terms and conditions as may be imposed by the commission or commissioner or referee holding the hearing.
Failure to an( b) If the defendant fails to appear or answer, no default shall be
swer*
taken against him, but the commission shall proceed to the hearing of
the matter upon such terms and conditions as it may deem proper*
Such defendant failing to appear or answer, or subsequently contend
ing that no service was made upon him, or claiming to be aggrieved in
any other manner by want of notice of the pendency of the proceed
ings, may apply to the commission for relief substantially in accordance
with the provisions of section four hundred seventy-three of the Code of
Civil Procedure, and the commission is hereby authorized to afford
such relief. No right to relief, including the claim that the findings and
award of the commission or judgment entered thereon are void upon
their face, shall accrue to such defendant in any court unless prior
application shall have been made to the commission in accordance
with this subsection, and in no event shall any application to any court
be allowed except as prescribed in sections sixty-seven and sixty-eight
of this act.
Dismissal of ap-^ (c) I f upon the filing of an application, such application shows upon
plication.
its face that the applicant is not entitled to compensation, the com
mission may upon its own motion or upon the motion of the adverse
party, and after opportunity to the applicant to be heard orally or in
writing, and upon good cause appearing therefor, dismiss the applica
tion prior to any hearing thereon. The pendency of such motion or
notice of intended dismissal shall not, unless otherwise ordered by the
commission, delay the hearing upon the application upon its merits.
Attachments.
(<f) Upon the filing of an application by or on behalf of an injured
employee or his dependants or any other party in interest, the com
mission may, in its discretion, in the cases mentioned in section four
hundred twelve of the Code of Civil Procedure, direct the county clerk
of any county^ or city and county to issue writs of attachment author
izing the sheriff to attach the property of the defendant in an amount
not to exceed the greatest probable award against him in such matter,
to be fixed by the commission, as security for the payment of any com
pensation which may thereafter be awarded. The provisions of part
two, title seven, chapter four, of the Code of Civil Procedure of this
State, as far as applicable to proceedings before the commission, shall
govern the proceedings upon attachment, and the commission shall be
substituted for the superior court in said provisions for the purpose of
this act. No writ of attachment shall be issued except upon the order
of the commission or a commissioner, and such order shall not be made
where it appears from the application or affidavit in support thereof
that the employer was, at the time of the injury to the employee, in
sured against liability imposed by this act in any insurance carrier
licensed to do business in the State of California. If it should at any
time after the levying of an attachment be made to appear that such,
employer was so insured, and the requisites for dismissing said employer
from the proceeding and substituting the insurance carrier as defend
ant under any of the methods prescribed under section thirty (e) of
this act be established, the commission must forthwith discharge the
attachment. In levying such attachment, preference must be given
to the real property of the employer.

TEXT OF LAW S— CALIFORNIA.

321

S ec. 19. (a) No pleadings, other than the application and answer, [Ch. 586,1917.]
shall be required. The hearing on the application may be adjourned Hearings,
from time to time and from place to place in the discretion of the com
mission or commissioner or referee holding such hearing. Either party
shall have the right to be present at any hearing, in person or by
attorney or by any other agent, and to present such testimony as shall
be pertinent under the pleadings, but the commission may, with or
without notice to either party, cause testimony to be taken, or inspec
tion of the premises where the injury occurred to be made, or the timebooks and pay roll of the employer to be examined by any commis
sioner pr referee appointed by the commission, and may from time to
time direct any employee claiming compensation to be examined by a
regular physician; the testimony so taken and the results of any such
inspection or examination to be reported to the commission "for its
consideration.
(b) The parties to a controversy may stipulate the facts relative S t ip u la t ed
thereto in writing and file such stipulation with the commission. The acts*
commission may thereupon make its findings and award based upon
such stipulation, or may in its discretion set the matter down for hear
ing and take such further testimony or make such further investiga
tions as may be necessary to enable it to completely determine the
matter in controversy.
(c) Thecommission may receive as evidence, either at or subsequent Evidence.
to a hearing, and use as proof of any fact in dispute, the following
matters, in addition to sworn testimony presented in open hearing:
( 1) Reports of attending or examining physicians.
( 2 ) Reports of special investigators appointed by the commission or
a commissioner or referee to investigate and report upon any scientific
or medical question.
(3) Reports of employers containing copies of time sheets, book
accounts, reports and other records, properly authenticated.
(4) Properly authenticated copies of hospital records of the case of
the injured employee.
(5) All publications of the commission.
( 6^ All official publications of State and United States Governments.
(7)
Excerpts from expert testimony received by the commission
upon similar issues of scientific fact in other cases and the prior
decisions of the commission upon such issues: Provided, however, •
That transcripts of all testimony taken without notice and copies of all
reports and other matters added to the record, otherwise than during
the course of an open hearing, be served upon the parties to the pro
ceeding, and opportunity be given to produce testimony in explanation
or rebuttal before decision is rendered.
(d) The burden of proof lies upon the party holding the affirmative Burden of proof,
of the issue. The following are affirmative defenses, and the burden of
proof shall rest upon the employer to establish them:
( 1 ) That an injured person claiming to be an employee is an inde
pendent contractor or otherwise excluded from the protection of this
act, where there is proof that such injured person was at the time of
his injury actually performing service for the alleged employer.
(2) Intoxication of an employee causing his injury. ^
(3) Willful misconduct of an employee causing his injury.
(4) Aggravation of disability by unreasonable conduct of the em
ployee.
( 5) Prejudice to the employer by failure of the employee to give
notice, as required by section fifteen.
(e) Where it is represented to the commission, either before or after Autopsy,
the filing of an application, that an employee has died as a result of
injuries sustained in the course of his employment, the commission may
require an autopsy, and the report of the physician performing sucn
autopsy may be received in evidence in any proceedings theretofore or
thereafter brought. If at the time such autopsy is requested the body
of such employee be in the custody of the coroner, the coroner must,
upon the request of the commission or of any party interested, afford
reasonable opportunity for the attendance of any physicians named by
the commission at any autopsy ordered by him." If the coroner should
177982°—21— Bull. 272-

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law s

the

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states.

not require, or shall have already performed such autopsy, he shall
permit an autopsy or reexamination to be performed by physicians
named by the commission. No fee shall be charged by the coroner for
any service, arrangement or permission given by him.
If the body is not in the custody of the coroner, the commission shall
have authority to authorize the performance of such autopsy and the
exhumation 01 the body for such purpose if necessary. If the depend
ents, or a majority thereof, of any such deceased employee, having the
custody of the body of such deceased employee, shall refuse to allow the
performance of such autopsy, such autopsy shall not be held; but upon
the hearing of any application for compensation it shall be a disputable
presumption that the injury or death was not due to causes entitling
the claimants to benefits under this act.
[Ch. 586,1917.]
S e c . 20. (a) After final hearing b y the commission, it shall, within
Findings.
thirty days, make and file (1 ) its findings upon all facts involved in the
controversy and ( 2) its award which shall state its determination as to
the rights of the parties.
( 6) The commission in its award may fix and determine the total
amqunt of compensation to be paid and specify the manner of payment,
or may fix and determine the weekly disability payment to be made and
order payment thereof during the continuance of such diskj)ility.
(c)
If, in any proceeding under sections six to thirty-one, inclusive,
of this act, it is proved that an injury has been suffered for which the
employer would be liable to pay compensation if disability had resulted
therefrom, but it is not proved that any incapacity had resulted, tjie
commission may, instead of dismissing the application, award a nominal
disability indemnity, if it appears that disability is likely to result at a
future time.
J u risd ic tio n
(j) The commission shall have continuing jurisdiction over all its
continuing.
orders, decisions, and awards made and entered under the provisions of
sections six to thirty-one, inclusive, of this act, and may at any time,
upon notice, and after opportunity to be heard is given to the parties in
interest, rescind, alter, or amend any such order, decision, or award
made by it upon good cause appearing therefor, such power, including
the right to review, grant, or regrant, diminish, increase, or terminate,
within the limits prescribed by this act, any compensation awarded,
upon the grounds that the disability of the person m whose favor such
• award was made has either recurred, increased, diminished, or termi
nated: Provided, That no award of compensation shall be rescinded,
altered, or amended after two hundred forty-five weeks from the date
of the injury. Any order, decision, or award rescinding, altering, or
amending a prior order, decision, or award shall have the same effect as
is herein provided for original orders, decisions, or awards.
[Ch. 586, 1917.1
S e c . 21. (a) Any party affected thereby may file a certified copy
award°rCem
°f the findings and award of the commission with the clerk of the
superior court of any county, or city and county, and judgment must be
entered by the clerk in conformity therewith immediately upon the
filing of such findings and award.
(b) The certified copy of the findings and award of the commission
and a copy of the judgment shall constitute the judgment roll. The
pleadings, all orders of the commission, its original findings and award,
and all other papers and documents filed in the cause shall remain on
file in the office of the commission.
(c) The commission, or any member thereof, may stay the execution
of any judgment entered upon an award of the commission, upon good
cause appearing therefor and upon such terms and conditions as may be
imposed._ A certified copy of such order shall be filed with the clerk
entering judgment. Where it is deemed desirable to stay the enforce
ment o f an award and a certified copy of said findings and award has
not been issued by the commission, the commission, or any member
thereof, may order such certified copy to be withheld with the same
force and under the same conditions as it might issue a stay of execu
tion if said certified copy had been issued and judgment entered thereon.
(d) When a judgment is satisfied in fact, otherwise than upon an
execution, the commission may, upon motion of either party or of its
own motion, order the entry of satisfaction of the judgment to be made,
and upon filing a certified copy of such order with the said clerk, he
shall thereupon enter such satisfaction, and not otherwise.

TEXT OF LAW S— CALIFORNIA.

323

Sec. 22. The orders, findings, decisions, or awards of the commission
586,1917.]
made and entered under sections six to thirty-one, inclusive, of this COwts!’ 8W
act may be reviewed by the courts specified in sections sixty-seven and
sixty-eight hereof and within the time and in the manner therein speci
fied and not otherwise.
S ec. 23. No fees shall be charged by the clerk of any court for the IjCh- 586>1917-1
performance of any official service required by this act, except for the
ees’ costs» etc*
docketing of awards as judgments and for certified copies of transcripts
thereof. In all proceedings under this act before the commission, costs
as between the parties shall be allowed or not in the discretion of the
commission, ana the commission may, in its discretion, where payments
of compensation have been unreasonably delayed, allow the beneficiary
thereof interest thereon, at not to exceed one and one-half per cent per
month, during such period of delay.
Sec. 24 (as amended by chapter 586, acts of 1919). (a) No claim [Gk: 586,1917.]
for compensation shall be assignable before payment, but this ci^m sf111161113
provision shall not affect the survival thereof, nor shall any claim
for compensation, or compensation awarded, adjudged, or paid,
be subject to be taken for the debts of the party entitled to
such compensation, except as hereinafter provided. No compensation,
whether awarded or voluntarily paid, shall be paid to any attorney at
law, or in fact,or other agent, but shall be paid directly to the claimant
entitled to the same, unless otherwise ordered by the commission.
Any payment made to such attorney at law or in fact or other agent
in violation of the provisions of this section shall not be credited to the
employer.
(b) The commission may fix and determine and allow as a lien Liens,
against any amount to be paid as compensation:
(1) A reasonable attorney’s fee for legal services pertaining to any
claim for compensation or application filed therefor and the reasonable
disbursements in connection therewith.
( 2 ) The reasonable expense incurred by or on behalf of the injured
employee, as defined in subsection (a) of section nine hereof.
(3) The reasonable value of the living expanses of an injured em
ployee or of his dependents subsequent to the injury.
(4) The reasonable burial expenses of the deceased employee, not
to exceed the sum of one hundred dollars.
(5) The reasonable living expenses of the wife or minor children of
the injured employee, or both, subsequent to the date of the injury,
where such employee has deserted or is neglecting his family, to be
allowed in such proportion as the commission shall deem proper, upon
application of the wife or guardian of the minor children.
(c) If notice in writing be given to the employer setting forth the Claim a lien,
nature and extent of any claim that may be allowed as a lien, the said wtleru
claim shall be a lien against any amount thereafter to be paid as com
pensation, subject to the determination of the amount and approval
thereof by the commission. The commission may, in its discretion,
order the amount of such claim as fixed and allowed by it paid directly
to the person entitled, either in a lump sum or in installments. Where
it appears in any proceeding pending before the commission that a lien
should be allowed if the same had been duly requested by the party
entitled thereto, the commission may, in its discretion, and without
any request for such lien having been made, order the payment of such
claim to be made directly to the person entitled, in the same manner
and with the same effect as though such lien had been regularly re
quested, and the award to such person shall constitute a lien against
unpaid compensation due at the time of service of said award.
(a).No claim or agreement for the legal services or disbursements
mentioned in paragraph ( 1) of subsection (b) hereof, or for the ex
pense mentioned in paragraph (2) of said subsection ( 6), in excess of a
reasonable amount, shall be valid or binding in any respect, and it
shall be competent for the commission to determine what constitutes
such reasonable amount.
(e)
A claim f or compensation for the injury or death of any em
ployee, or any award of judgment entered thereon, shall have prefer
ence over all other unsecured debts of the employer or insurance
carrier.

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£Ch. 586, 1917.]
contractoS/

u n it e d

states.

S ec . 25. The liability of principal employers and contracting employers, general or intermediate, for compensation under this act, when
other than the immediate employer of the injured employee, shall be
as follows:
(a) When any such employer undertakes to do, or contracts with
another to do, or to have done, any work, either directly or through
contractors or subcontractors, then such principal employer or con
tracting employer shall be liable to pay to any employee injured while
engaged in the execution of such work, or to his dependents in the
event of his death, or to any other person, any compensation which the
immediate employer is liable to pay, and the commission shall have
jurisdiction to determine all controversies arising under this section.
(b) The person entitled to such compensation shall have the right to
recover the same directly from his immediate employer, and in addi
tion thereto the right to enforce in his own name, in the manner pro
vided by this act, the liability for compensation imposed upon other
persons by this section, either by making such other persons parties to
the original application or by filing a separate application: Provided,
however, That payment in whole or in part of such compensation by
either the immediate employer or other person shall, to the extent of
such payment, be a bar to recovery against the other.
(c) When any person, other than the immediate employer, shall have
paid any compensation for which he would not have been liable inde
pendently of this section, he shall, unless he caused the injury, be
entitled to recover the full amount so paid from the person primarily
liable therefor, and jurisdiction to deternrine his claim shall be vested
in the commission: Provided, That such right of reimbursement against
the person primarily liable for compensation shall not exist in favor of
any insurance carrier insuring such other persons upon whom liability
is imposed by this section, in any case where the immediate employer
shall have joined with any of such other persons in taking out such
policy of insurance or shall have contributed to the payment of the
premium for such insurance, with the intent of securing joint protection
thereby, anything in the policy to the contrary notwithstanding.
(d) The liability imposed by this section shall be subject to the fol
lowing limitations:
(1) Such liability shall exist only in cases where the injury occurred
on or in or about the premises on which the principal employer or con
tracting employer, whether general or intermediate, has undertaken to
execute or to have executed any work, or when such premises or work
are otherwise under his control or management.
(2) Such liability shall not exist in the event that the immediate
employer, or other person primarily liable for the compensation shall,
previous to the suffering o f such injury, have taken out, and main
tained in full force and effect, compensation insurance with any insur
ance carrier, covering his full liability for compensation.
(3) The commission may, in its discretion, order that execution
against such principal employer or contracting employer be stayed until
execution against the immediate employer shall be returned unsatisfied.
(e) The findings and award of this^ commission entered against the
immediate employer shall be conclusive for or against all persons upon
whom liability is imposed by this section as to the fact and extent of
liability of such immediate employer.
[This section is unconstitutional in so far as it attempts to authorize the awarding
of compensation against a third person not an employer, Perry v . Industrial Acc.
Com., 181 Pac. 788.]

[Ch.586,1917.1
S e c . 26 (as amended by chapter 471, acts of 1919). The term “ embv^iSr^pTrties. P^07 ee’ ” as used in this section, shall include the person injured
*and any other person in whom a claim may arise by reason of the
injury or death of such injured person. The death of the em
ployee, or of any other person, shall not abate any right of action
established by this section. The claim of an employee for compen
sation shall not affect his right of action for damages arising out of in
jury or death^ against any person other than the employer; and any
employer having paid, or having become obligated to pay, compensa
tion, may likewise bring an action against such other person to recover
said damages. If either such employee or such employer shall bring

TEXT OF LAW S— CALIFORNIA.

such action against such third person, he shall forthwith notify the
other in writing, by personal service or registered mail, of such fact
and of the name of the court in which such suit is brought, filing proof
thereof in such action, and if the action be brought by either, the
other may, at any time before trial on the facts, join as party plaintiff
or must consolidate his action, if brought independently. If the suit
be prosecuted by the employer alone evidence of any expenditures
which the employer has paid or become obligated to pay by reason of
said injury or death shall be admissible, and such expenditures shall
be deemed a part of the damages, including a reasonable attorney’s
fee to be fixed by the court; and if in such suit the employer
shall recover more than the amount he has paid or become obligated
to pay as compensation he shall pay the excess to the injured em
ployee or other person entitled. If the employee joins in or prose
cutes such suit, evidence of the amount of disability indemnity
or death benefit paid by the employer shall not be#admissible,
but proof of all other expenditures on account of said injury or
death shall be admissible and shall be deemed part of the damages.
The court shall, on application, allow as a first lien against any
judgment recovered by the employee the amount of the employer’s
expenditures for compensation. When any injury or death shall
have been suffered by an employee, no release or settlement of
any claim for damages by reason of such injury or death and no satis
faction of judgment in such proceedings, shall be valid without the
Written consent of either both employer and employee, or one of them,
together with the consent of the commission or the court in which any
such action may be pending.
S e c . 27. (a) N o con tract, ru le, or regu lation sh a ll e x e m p t th e e m p lo v e r from l ia b ilit y for th e com p en sation fixed b y th is a c t, b u t n o th in g
m th is a c t con ta in e d sh a ll b e construed as im p a irin g th e righ t of th e
p arties in terested to com p rom ise, s u b je c t to th e provisions herein con
ta in e d , a n y li a b ilit y w h ic h m a y b e c la im e d to e x is t u n d e r th is a c t on
a c c o u n t of su ch in ju r y or d e a th , or as conferring u p o n th e d e p e n d e n ts
of a n y in ju re d e m p lo y e e a n y in te re st w h ic h su ch e m p lo y e e m a y n o t
d iv e r t b y su ch com p rom ise or for w h ic h h e or h is esta te sh a ll, in th e
e v e n t of su ch com prom ise b y h im , b e a c c o u n ta b le to su ch d e p e n d e n ts or
a n y of th e m .

325

[Ch. 586,1917.]
Waivers-

(b) The compensation herein provided shall be the measure of the Agreements
responsibility which the employer has assumed for injuries or death that approved,
may occur to employees in his employment when subject to the pro
visions of this act, and no release of liability or compromise agreement
shall be valid unless it provide for the payment of full compensation in
accordance with the provisions of this act or unless it shall be approved
by the commission.
(c) A copy of such release or compromise agreement signed by both
parties shall forthwith be filed with the commission. When such release
or compromise agreement is filed with the commission and approved by
it, the commission may of its own motion, or on the application of
either party, without notice, enter its award based upon such release or
compromise agreement.
(d) Every such release or compromise agreement shall be in writing,
duly executed and attested by two disinterested witnesses, and shall
specify the date pf the accident, the average weekly wages of the
employee, determined according td section twelve hereof, the nature of
the disability, whether total or partial, permanent or temporary, the
amount paid or due and unpaid to the employee up to the date of the
release or agreement or death, as the case may be, and, if any, the
amount of the payment or benefits then or thereafter to be made and
the length of time that such payment is to continue. # In case of death
there shall also be stated in such release or compromise agreement the
date of death, the name of the widow, if any, the names and ages of
all children, if any, and the names of all other dependents, if any, and
whether such dependents be total or partial, and the amount paid or to
be paid as a death benefit and to whom such payment is to be made. %
S e c . 28. (a) At the time of making its award, or at any time thereafter, the commission, on its own motion, either with or without notice,
p
or upon application of either party with due notice to the other, may, in

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[Ch. 586,1917.]

secwed!

its discretion, commute the compensation payable under this act to a
lump sum, if it appears that such commutation is necessary for the pro
tection of the person entitled thereto, or for the best interest of either
party, or that it will avoid undue expense or hardship to either party
or that the employer has sold or otherwise disposed of the greater part
of his assets, or is about to do so, or that the employer is not a resident
of this State, and the commission may order such compensation paid
forthwith or at some future time.
(b) The amount of the commuted payment shall be determined in
accordance with the following provisions:
( 1) If the injury causes temporary disability, the commission shall
estimate the probable duration thereof and the probable amount of the
temporary disability payments therefor, in accordance with the pro
visions of section nine hereof, and shall fix the lump sum payment at
such amount so determined.
(2) If the injury causes permanent disability or death, the commis
sion shall fix the total amount of the permanent disability payment
or death benefit payable therefor in accordance with the provisions of
said section nine, and shall estimate the present value thereof, assuming
interest at the rate of six per cent per annum, disregarding the probabil
ity of the beneficiary’s death in all cases except where the percentage
of permanent disability is such as to entitle the beneficiary to a life
pension, and then taking into consideration the probability of the bene
ficiary’s death only in estimating the present value of such life pension.
(c) The commission in its discretion may order the lump sum pay
ment, determined as hereinbefore provided, paid directly to the injured
employee or his dependents or deposited with any savings bank or trust
company authorized to transact business in this State that will agree to
accept the same as a deposit bearing interest, or the commission may
order the same deposited with the State compensation insurance fund.
Any such amount so deposited, together with all interest derived there
from, shall thereafter be held in trust for the injured employee or, in
the event of his death, for his dependents, and the latter shall have no
further recourse against the employer. Payments from said fund, when
so deposited, shall be made by the trustee only in the same amounts and
at the same time as fixed by order of the commission and until said
fund and interest thereon shall be exhausted. In the appointment of
the trustee preference shall be given, in the discretion of the com
mission, to the choice of the injured employee or his dependents.
Upon the making of such payment, the employer shall present to the
commission a proper receipt evidencing the same, executed either by
the injured employee or his dependents, or by the trustee, and the com
mission shall thereupon issue its certificate in proper form evidencing
the same, and such certificate, upon filing with the clerk of the superior
court in which any judgment upon an award may have been entered,
shall operate as a satisfaction of said award and shall fully discharge
the employer from any further liability on account thereof.
(d) The commission may, where the employer is uninsured and the
payments of compensation awarded are to be paid for a considerable
time in the future, determine the present worth of said future pay
ments, discounted at the rate of three per cent per annum, and order
the said present worth paid into the State compensation insurance fund,
which fund shall thereafter pay to the beneficiaries of said award the
future payments as they become due.
S e c . 29 (as amended by chapter 471, acts of 1917). (a) Every employer as defined in section seven hereof, except the State and all
political subdivisions or institutions thereof, shall secure the payment
of compensation in one or more of the following ways:
1. By insuring and keeping insured against liability to pay compen
sation in one or more insurance carriers duly authorized to write
compensation insurance in this State.
2. By securing from the commission a certificate of consent to selfinsure, which may be given upon his furnishing proof satisfactory to
the commission of ability to carry his own insurance and pay any
compensation that may become due to his employees, the commission
may, in its discretion, require such employer to deposit with the State
treasurer a bond or securities, but not both a bond and securities,

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approved by the commission, in an amount to be determined by the
commission. Such certificate may be revoked at any time for good
cause shown. So long as the certificate of consent to self-insure has
not been revoked, and the self-insurer has deposited with the State
treasurer such bond or securities, the self-insurer shall not be re
quired or obliged to pay into the State compensation insurance fund
any sums covering liability for compensation, excepting life pen
sions; but shall be permitted, and such permission is hereby given
the self-insurer, to fully administer any and all such compensation
benefits assessed against the said insurer.
(b) If any employer shall fail so to secure the payment of com- Failure to sepensation any injured employee or his dependents may proceed against curePaymentssuch employer by filing an application for compensation with the com
mission, and, in addition thereto, such injured employee or his depend
ents may bring an action at law against such employer for damages,
the same as if this act did not apply, and shall be entitled in such
action to the right to attach the property of the employer, at any time
upon or after the institution of such action, in an amount to be fixed
by the court, to secure the payment of any judgment which may
ultimately be obtained. Such judgment shall include a reasonable
attorney’s fee to be fixed by the court. The provisions of the Code
of Civil Procedure, except in so far as they may be inconsistent with
this act, shall govern the issuance of and proceedings upon such attach
ment: Provided, That if as a result of such action for damages a judg
ment is obtained against such employer in excess of the compensation
awarded under this act, the compensation awarded by the commission,
if paid, or if security approved by the court be given for its payment,
shall be credited upon such judgment: Provided, further, That in such
action it shall be presumed that the injury to the employee was a direct
result and grew out of the negligence of the employer, and the burden
of proof shall rest upon the employer to rebut the presumption of
negligence. In such proceeding it shall not be a defense to the em
ployer that the employee may have been guilty of contributory negli
gence, or assumed the risk of the hazard complained of, or that the
injury was caused by the negligence of a fellow servant. No contract,
rule or regulation shall be allowed to restore to the employer any of the
foregoing defenses.
Sec. 30. (a) Nothing in this act shall affect the organization of [Ch.586, 1917.]
any mutual or other insurance company, or any existing contract for insurance,
insurance, or the right of the employer to insure in mutual or other
companies, in whole or in part, against liability for the compensation
provided by this act; or to provide by mutual or other insurance, or by
arrangement with his employees, or otherwise, for the payment to such
employees, their families, dependents or representatives, of sick,
accident or death benefits, in addition to the compensation provided for
by this act; or the right of the employer to waive the waiting period
provided for herein by insurance coverage: Provided, however, That it
shall be unlawful for any employer to exact or receive from any
employee any contribution, or make or take any deduction from the
earnings of any employee, either directly, or indirectly, to cover the
whole or any part of the cost of compensation under this act, and it
shall be a misdemeanor so to do.
(b)
Liability for compensation shall not be reduced or affected by Liability not
any insurance, contribution, or other benefit whatsoever due to o r re uce *
received by the person entitled to such compensation, except as other
wise provided by this act, and the person so entitled shall, irrespective
of any insurance or other contract, except as otherwise provided in this
act, have the right to recover such compensation directly from the
employer, and in addition thereto, the right to enforce in his own name,
in the manner provided in this act, either by making the insurance
carrier a party to the original application or by filing a separate appli
cation, the liability of any insurance carrier, which may, in whole or in
part, have insured against liability for such compensation: Provided,
however, That payment in whole or in part of such compensation by
either the employer or the insurance company shall, to the extent
thereof, be a bar to recovery against the other of the amount so paid:
And provided, further, That as between the employer and the insurance

328

W O R K M E N 'S COMPENSATION LAW S OF TH E UNITED STATES.

company, payment by either directly to the employee, or to the person
entitled to compensation, shall be subject to the conditions of the in
surance contract between them.
Provisions
of ^ (c) Every contract insuring against liability for compensation, or
policies.
insurance policy evidencing the same, must contain a clause to the effect
that the insurance carrier shall be directly and primarily liable to the
employee and, in the event of his death, to his dependents, to pay the
compensation, if any, for which the employer is liable; that, as between
the employee and the insurance carrier, the notice to or knowledge of
the occurrence of the injury on the part of the employer shall be
deemed notice or knowledge, as the case may be, on the part of the
insurance carrier; that jurisdiction of the employer shall, for the pur
pose of this act, be jurisdiction of the insurance carrier; and that the
insurance carrier shall in all things be bound by and subject to the
orders, findings, decisions or awards rendered against the employer
under the provisions of this act.
(d)
Such policy must also provide that the employee shall have a
first lien upon any amount which shall become owing on account of
such policy to the employer from the insurance carrier, and that in case
of the legal incapacity or inability of the employer to receive the said
amount and pay it over to the employee or his dependents, the said
insurance carrier may and shall pay the same directly to the said
employee or his dependents, thereby discharging, to the extent of such
payment, the obligations of the employer to the employee; and such
policy shall not contain any provisions relieving the insurance carrier
from payment when the employer becomes insolvent or is discharged in
bankruptcy, or otherwise, during the period that the policy is in opera
tion or the compensation remains owing. Every contract insuring
against liability for compensation, provided by this act, or insurance
policy evidencing the same shall be conclusively presumed to contain
all of the provisions required by this act.
Employer re(e) (1) If the employer shall be insured against liability for comlieved, when.
pensation with any insurance carrier, and if after the suffering of any
injury such insurance carrier shall serve or cause to be served upon
any person claiming compensation against such employer a notice that
it has assumed and agreed to pay the compensation, if any, for which
the employer is liable, and shall file a copy of such notice with _the
commission, such employer shall thereupon be relieved from liability
for compensation to such claimant and the insurance carrier shall, with
out notice, be substituted in place of the employer in any proceeding
theretofore or thereafter instituted by such person to recover such
compensation, and the employer shall be dismissed therefrom. Such
proceedings shall not abate on account of such substitution but shall
shall not abate on account of such substitution but shall be continued
against such insurance carrier. If at the time of the suffering of an
injury for which compensation is claimed, or may be claimed, the
employer shall be insured against libility for the full amount of com
pensation payable, or that may become payable, the employer may
serve or cayse to be served upon any person claiming compensation on
account of the suffering of such injury and upon the insurance carrier a
notice that the insurance carrier has in its policy contract or otherwise,
assumed and agreed to pay the compensation, if any, for which the
employer is liable, and may file a copy of such notice with the com
mission. If it shall thereafter appear to the satisfaction of the com
mission that the insurance carrier has, through the issuance of its
contract of insurance or otherwise, assumed such liability for compen
sation, such employer shall thereupon be relieved from liability for
compensation to such claimant and the insurance carrier shall, after
notice, be substituted in place of the employer in any proceeding
theretofore or thereafter instituted by such person to recover such
compensation, and the employer shall be dismissed therefrom. Such
proceeding shall not abate on account of such substitution, but shall
be continued against such insurance carrier.
(2 )
The commission may, with or without the filing of the notice
required by the preceding paragraph, enter its order relieving the em
ployer from liability where it appears from the pleadings, stipulations,
or proof that an insurance carrier joined as party to the proceeding is

TEXT OF LAW S---- CALIFORNIA.

329

liable for the full compensation which the employer in such proceeding
is liable to pay.
(/) Where any employer is insured against liability for compensation Insurer’srights,
with any insurance carrier and such insurance carrier shall have
assumed the liability of the employer therefor in the manner provided
by this section, or shall have paid any compensation for which the
employer is liable, or furnished or provided any medical services
required by this act, such insurance carrier shall be subrogated to all
the rights and duties of such employer and may enforce any such
rights of its own name.
(g) The State compensation insurance fund may insure against any Reinsurance by
liability fixed under this act to the same extent as any insurance statefundcarrier.
Sec. 31. (a) If any insurance policy shall be issued covering liability [Ch. 586, 1917.1
for compensation, which policy shall contain any limitation as to the c^ imited poli“
compensation payable, such limitation shall be printed in the body of
such policy in bold-face type and in addition thereto the words '‘ limited
compensation policy ” shall be printed on the top of the policy in bold
face type not less than eighteen point in size. Failure to observe the
foregoing requirement shall render such policy unlimited.
( 6)
No insurance carrier shall insure against the liability of the em
ployer for the additional compensation recoverable under the provisions
contained in section six ( 6) hereof.
Sec. 32. Nothing contained in this act shall be taken or construed [Ch.586,1917.]
to limit, interfere with, disturb, or render ineffective in any degree, the agectedfund un"
creation, existence, organization, control, management, contracts,
rights, powers, duties, and liabilities of the State compensation insur
ance fund, but all such matters and things are hereby expressly con
firmed, saved, and continued.
Sec. 36 (as amended by chapter 607, acts of 1915). There is hereby [ph1913.]
created and established a fund to be known as the “ State compensation ^Stateinsurance
insurance fund,” to be administered by the industrial accident com
mission of the State, without liability on the part of the State beyond the
amount of said fund, for the purpose of insuring employers against lia
bility for compensation under this act and against the expense of de
fending any suit for damages under the optional provisions of section
twelve hereof (subdivision b), and insuring to employees and other
persons the compensation fixed by this act for employees and their
dependents.
Sec. 37 (as amended by chapter 607, acts of 1915). (a) The State
1913-1
compensation insurance fund shall be a revolving fund and shall con- fund msurance
sist of such specific appropriations as the legislature may from time to
time make or set aside for the use of such fund, all premiums received
and paid into the said fund for compensation insurance issued, all
property and securities acquired by and through the use of moneys
belonging to said fund and all interest earned upon moneys belonging
to said fund and deposited or invested, as herein provided.
(b) Said fund shall be applicable to the payment of losses sustained
on account of insurance and to the payment of the salaries and other
expenses to be charged against said fund in accordance with the pro
visions contained in this act.
.
.
.
i
(c) Said fund shall, after a reasonable time during which it may To be competiestablish a business, be fairly competitive with other insurance carriers,
and it is the intent of the legislature, that said fund shall ultimately
become neither more nor less than self-supporting. In order that the
State compensation insurance fund shall ultimately become neither more
nor less than self-supporting, the actual loss experience and expense of
the fund shall be ascertained on or about the first of January in each
year for the year preceding, and should it then be shown that there
exists an excess of assets over liabilities, such liabilities to include the
necessary reserves, and a reasonable surplus for the catastrophe hazard,
then, in the discretion of the commission, a cash dividend shall be
declared to, or a credit allowed on the renewal premium of each
employer who has been insured with the fund, such cash dividend or
credit to be such an amount to which, as in the discretion of the com
mission, such employer may be entitled as the employer’s proportion of
divisible surplus.

330

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 i t e d s t a t e s .

[Ch. 176 1913.] gEC> 3g. (a) The commission is hereby vested with full power,
mission!^ C°m" authority and jurisdiction over the State compensation insurance fund
and may do and perform any and all things whether herein specifically
designated, or in addition thereto, which are necessary or convenient in
the exercise of any power, authority or jurisdiction over said fund in
the administration thereof, or in connection with the insurance business
to be carried on by it under the provisions of this act, as fully and com
pletely as the governing body of a private insurance carrier might or
could do.
(b) The commission shall have full power and authority, and it shall
be its duty, to fix and determine the rates to be charged by the State
compensation insurance fund for compensation insurance, and to manage
and conduct all business and affairs in relation thereto, all of which
business and affairs shall be conducted in the name of the State com
pensation insurance fund, and in that name, without any other name or
title, the commission may:
(1) Sue and be sued in all the courts of the State in all actions arising
out of any act, deed, matter or thing made, omitted, entered into, done,
or suffered in connection with the State compensation insurance fund,
the administration, management or conduct of the business or affairs
relating thereto.
( 2) Make and enter into contracts of insurance as herein provided,
and such other contracts or obligations relating to the State compensa
tion insurance fund as are authorized or permitted under the provisions
of this act.
(3) Invest and reinvest the moneys belonging to said fund as herein
after provided.
(4) Conduct all business and affairs, relating to the State compensa
tion insurance fund, whether herein specifically designated or in addi
tion thereto.
(c) The commission may delegate to the manager of the State com
pensation insurance fund, or to any other officer, under such rules and
regulations and subject to such conditions as it may from time to time
prescribe, any of the powers, functions or duties, conferred or imposed
on the commission under the provisions of this act in connection with
the State compensation insurance fund, the administration, management
and conduct of the business and affairs relating thereto, and the officer
or officers to whom such delegation is made may exercise the powers
and functions and perform the duties delegated with the same force and
effect as the commission, but subject to its approval.
(d) The commission shall not, nor shall any commissioner, officer or
employee thereof, be personally liable in his private capacity for or on
account of any act performed or contract or other obligation entered
into or undertaken in an official capacity, in good faith and without
intent to defraud, in connection with the administration, management
or conduct of the State compensation insurance fund, its business or
other affairs relating thereto.
[Ch. 176,1913.]
gEC# 39 . Xn conducting the business and affairs of the State compenager°WerS° man~sation insurance fund, the manager of the said fund or other officer to
whom such power and authority may be delegated by the commission,
as provided by subsection (c) of section thirty-eight thereof, shall have
full power and authority:
( 1) To enter into contracts of insurance, insuring employers against
liability for compensation and insuring to employees and other persons
the compensation fixed by this act.
(2) To sell annuities covering compensation benefits.
(3) To decline to insure any risk in which the minimum requirements
of the commission with regard to construction, equipment and operation
are not observed, or which is beyond the safe carrying of the State com
pensation insurance fund, but shall not have power or authority, except
as otherwise provided in this subdivision, to refuse to insure any com
pensation risk tendered with the premium therefor.
(4) To reinsure any risk or any part thereof.
(5) To inspect and audit, or cause to be inspected and audited the
pay rolls of employers applying for insurance against liability for com.
pensation.

TEXT OF LAW S---- CALIFORNIA.

331

(6) To make rules and regulations for the settlement of claims
against said fund and to determine to whom and through whom the
payments of compensation are to be made.
(7) To contract with physicians, surgeons, and hospitals for medical
and surgical treatment and the care and nursing of injured persons
entitled to benefits from said fund.
[Ch. 176, 1913,]
S e c . 40. (a) It shall be th e duty of th e com m ission to fix and
determine the rates to be charged by the S tate compensation insurance Rates.
fund for compensation insurance coverage as herein provided, and such
rates shall be fixed with due regard to the physical hazards of each
industry, occupation, or employment and, within each class, so far as
practicable, in accordance with the elements of bodily risk or safety or
other hazard of the plant or premises or work of each insured and "the
manner in which the same is conducted, together with a reasonable
regard for the accident experience and history of each such insured,
and the means and methods of caring for injured persons, but such rates
shall take no account of the extent to which the employees in any par
ticular establishment have or have not persons dependent upon them
for support.
(b)
The rates so made shall be that percentage of the pay roll of any
employer which, in the long run and on the average, shall produce a
sufficient sum, when invested at three and one-half per cent interest:
( 1) To carryall claims to maturity; that is to say, the rates shall be
based upon the “ reserve” and not upon the “ assessment’ ’ plan;
(2) To meet the reasonable expenses of conducting the business of
such insurance;
(3) To produce a reasonable surplus to cover the catastrophe hazard.
Sec. 41. The insurance contracts entered into between the State tCh. 176, 1913.]
compensation insurance fund and persons insuring therwith may be Contracts.
either limited or unlimited, and issued for one year or, in the form of
stamps or tickets or otherwise, for one month or any number of months
less than one year, or for one day or any number of days less than one
month, or during the performance of any particular work, job, or con
tract. Provided, That the rates charged shall be proportionately greater
for a shorter than for a longer period and that a minimum premium
charge shall be fixed in accordance with a reasonable rate for insuring
one person for one day. Nothing in this act shall be construed to
prevent any person applying for compensation insurance from being
covered temporarily until the application is finally acted upon, or to
prevent the insured from surrendering any policy at any time and
having returned to him the difference between the premium paid and
the premium at the customary short term for the shorter period which
such policy has already run. The State compensation insurance fund
may at any time cancel any policy, after due notice, upon a pro rata
basis of premium repayment.
S e c . 42. The State compensation insurance fund may issue policies,
[Ch. 176, 1913.]
including with their employees,employers who perform labor incidental . who may
to their occupations, and including also members of the families of such msur
employers engaged in the same occupation, such policies insuring to
such employers and working members of their families the same com
pensations provided for their employees, and at the same rates: Pro
vided, That the estimations of their wage values, respectively, shall be
reasonable and separately stated in and added to the valuation of their
jxay rolls upon which their premium is computed. Such policies may
likewise be sold to self-employing persons and to casual employees, who,
for the purpose of such insurance, shall be deemed to be employees
within the meaning of sections twelve to thirty-five, inclusive, of this
act.
S e c . 43. The treasurer of the State shall be custodian of all moneys
{Ch. 176,1913.}
and securities belonging to the State compensation insurance fund, Custodian o f
except as otherwise provided in this act, and shall be liable on his official 1 ‘
bond for the safe-keeping thereof. All moneys belonging to said fund
collected or received by the commission, or the manager of the State
compensation insurance fund, under and by virtue of the provisions of
this act, shall be delivered to the treasurer of the State or may be
deposited to his credit in such bank or banks throughout the State as he
may, from time to time, designate, and such moneys when so delivered

332

w o r k m e n ’s c o m p e n s a tio n la w s o f t h e u n it e d s t a t e s .

or deposited shall be credited by the treasurer to the said fund and no
moneys received or collected on account of such fund shall be expended
or paid out of such fund without first passing into the State treasury and
being drawn therefrom as provided in this act. In like manner there
shall be delivered to the treasurer all securities belonging to said fund
which shall be held by him until otherwise disposed of as provided in
this act.
|Ch. 176,1913.]
S e c . 44. (a) The commission shall submit each month to the State
Monthly esti- board of control an estimate of the amount necessary to meet the
mates‘
current disbursements from the State compensation insurance fund
during each succeeding calendar month and, when such estimate shall
be approved by the State board of control, the controller is directed to
draw his warrant on said fund in favor of said commission for such
amount, and the treasurer is authorized and directed to pay the same.
(b) At the end of each calendar month the commission shall account
to the State board of control and the State controller for all moneys so
received, furnishing proper vouchers therefor.
(c) During the months of January and July of each year the State
board control or the commission shall cause a valuation to be made
of the properties and securities which have been acquired and which are
held for said fund, and shall report the results of the same to the State
controller, whose duty it shall be to keep a special ledger account
showing all of the assets pertaining to the State compensation insurance
fund. In the controller’s general ledger this fund account may be
carried merely as a cash account, like other accounts of funds in the
State treasury, and therein only the actual cash coming into the State
compensation insurance fund shall be credited to such fund.
rch. 176,1913.] S e c . 45. (a) The commission shall cause all moneys in the State
investments, compensation insurance fund, in excess of current requirements, to be
invested and reinvested, from time to time, in the securities now or
hereafter authorized by law for the investment of funds of savings
banks.
(b) The commission shall, from time to time, submit to the State
board of control an estimate of the amount required by it for invest
ment, which estimate shall be accompanied by a full description of the
kind and character of the investments to be made and, when such
estimate shall be approved by the State board of control, the controller
is directed to draw his warrant on the State compensation insurance
fund in favor of the commission for such amount and the treasurer is
authorized and directed to pay the same.
(c) At the end of each calendar month the commission shall account
to the said board of control and the State controller for all moneys so
received, furnishing proper vouchers therefor.
(d) All moneys in said fund, in excess of current requirements and
not otherwise invested, may be deposited by the State treasurer from
time to time in the banks authorized by law to receive deposits of public
moneys under the same rules and regulations that govern the deposit
of other public funds and the interest accruing thereon shall be credited
to the State compensation insurance fund.
[Ch. 176 ,1913.]
S e c . 46 (as amended by chapter 607, acts of 1915). Each county*
Municipalities. city and county, city, school district, or other public corporation or
quasi-public corporation within the State, not including, however,
any public-utility corporation, may insure against its liability for com
pensation with the State compensation insurance fund and not with
any other insurance carrier unless such fund shall refuse to accept the
risk when the application for insurance is made, and the premium there
for shall be a proper charge against the general fund of each such politi
cal subdivision of the State.
^Phed7^ 1913‘1 ®EC- 47\ When the premium rates for insurance in the State comrates toUbe fur- pensation insurance fund shall have been established the commission
nished.
shall furnish schedules of rates and copies of the forms of policy to the
commissioner of labor, to the clerk and to the treasurer of every county,
city and county, and city in the State, and it shall be the duty of every
public officer to whom the foregoing may be furnished to fill out and
transmit to the manager of the State compensation insurance fund
applications for compensation insurance in such fund and to receive and
transmit to said manager all premiums paid on account of any policy

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333

issued or applied for, and for this service such officials may be allowed
such commission or other compensation as the commission may from
time to time direct.
S e c . 48. The commission shall each quarter make to the governor [Ch. 176,1913.]
of the State, reports of the business done by the State compensation Reports.
insurance fund during the previous quarter, and a statement of the
fund’s resources and liabilities, and it shall be the duty of the State
board of control to audit such reports and to cause an abstract thereof
to be published one or more times in at least two newspapers of general
circulation in the State. The commission shall likewise make to the
State insurance commissioner all reports required by law to be made by
other insurance carriers.
[Ch. 176,1913.]
S e c . 49. Any employer who shall willfully misrepresent the amount
Misrepresenting
of the pay roll upon which his premium under this act is to be based pay roll.
shall be liable to the State in ten times the amount of the difference in
premium paid and the amount the employer should have paid had his
pay roll been correctly computed, and the liability to the State under
this section shall be enforced in a civil action in the name of the State
compensation insurance fund and any amount so collected shall be
come a part of said fund.
Sec. 50. Any person wTho willfully misrepresents any fact in order [Ch. 176,1913.]
to obtain insurance at less than the proper rate for such insurance, or Fraud.
in order to obtain any payments out of such fund, shall be guilty of a
misdemeanor.
[Here follow sections 33 to 54 of chapter 586, acts of 1917. They relate to safety pro
visions, inspections, accident reporting and investigation, and are printed in Bulletin
No. 244, Labor Legislation of 1917.]

Sec. 55. (a) All proceedings for the recovery of compensation, or [Ch. 586,1917.]
Proceedings beconcerning any right or liability arising out of or incidental thereto, or fore
C0mmiSSi0I1.
for the enforcement against the employer or an insurance carrier of
any liability for compensation imposed upon him by this act in favor of
the injured employee, his dependents or any third person, or for the
determination of any question as to the distribution of compensation
among dependents or other persons, or for the determination of any
question as to who are dependents of any deceased employee, or what
persons are entitled to any benefit under the compensation provisions
of this act, or for obtaining any order which by this act the commission
is authorized to make, or for the determination of any other matter,
jurisdiction over which is vested by this act in the commission, shall be
instituted before the commission, and not elsewhere, except as other
wise in this act proAdded, and the commission is hereby vested with
full power, authority and jurisdiction to try and finally determine all
such matters, subject only to the review by the courts in this act
specified and in the manner and within the time in this act provided.
(b) All orders, rules and regulations, findings, decisions and awards
of the commission shall be in force and shall be prima facie lawful;
and all such orders, rules and regulations, findings, decisions and
awards shall be conclusively presumed to be reasonable and lawful,
until and unless they are modified or set aside by the commission or
upon a review by the courts in this act specified and within the time
and in the manner herein specified.
S e c . 56. (a) Any notice, order or decision required by this act to
ICh. 586, 1917.]
be served upon any person or party either before, during or after the tices^tc? ° n°"
institution of any proceeding before the commission, may be served in
the manner provided by chapter five, title fourteen of part two of the
Code of Civil Procedure of this State, unless otherwise directed by the
commission or a member thereof, in which event the same shall be
served in accordance with the order or direction of said commission or
member thereof. The commission or a commissioner may also, in the
cases mentioned in the Code of Civil Procedure of this State, order
service to be made by, publication of the notice of time and place of
hearing. Where service is ordered to be made by publication the date
of the hearing may be fixed at more than thirty days from the date of
filing the application.
(b)
Any such notice, order or decision affecting the State or any city
and county, city, school district or public corporation therein, shall be
served upon the same officer, officers, person or persons, upon whom

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the service of similar notices, orders or decisions is authorized by law.
(c)
The secretary, assistant secretaries and the inspectors appointed
by the commission shall have all the powers conferred by law upon
peace officers to carry weapons, make arrests and serve warrants and
other process in this State.
[Ch. 586, 1917.]
S e c . 57. (a) The commission shall have full power and authority:
mfesionrSof com’
(1) To adopt reasonable and proper rules of practice and procedure.
( 2) To regulate and provide the manner, and by whom, minors and
incompetent persons shall appear and be represented before it.
(3) To appoint a trustee or guardian ad litem to appear for and
represent any such minor or incompetent upon such terms and con
ditions as it may deem proper; and such guardian or trustee must, if
required by the commission or a commissioner, give a bond in the same
form and of the same character required by law from a guardian ap
pointed by the courts and in such an amount as the commission or a
commissioner may fix and determine, such bond to be approved by the
commission or a commissioner, and such guardian or trustee shall not
be discharged from liability until he shall have filed an account with
the commission or with the probate court and such account shall have
been approved. The trustee or guardian shall be entitled to receive
such compensation for his sendees as shall be fixed and allowed by the
commission or by the probate court.
(4) To provide for the joinder in the same proceeding of all persons
interested therein, whether as employer, insurance carrier, employee,
dependent, creditor or otherwise.
(5) To regulate and prescribe the kind and character of notices,
where not otherwise prescribed by this act, and the service thereof.
( 6) To regulate and prescribe the nature and extent of the proofs
and evidence.
(b)
The commission shall also have jurisdiction to determine con
troversies arising out of insurance policies issued to self-employing
persons, conferring benefits identical with those prescribed by this act.
The commission may try and determine matters referred to it by the
parties under the provisions of part three, title ten, of the Code of Civil
Procedure, with respect to controversies arising out of insurance issued
to self-employing persons under the provisions of this act. Such con
troversies may be submitted to it by the signed agreement of the parties,
or by the application of one party and the submission of the other to its
jurisdiction, with or without an express request for arbitration. The
State compensation insurance fund must submit to the commission, the
consent of the other party being obtained, all controversies susceptible
of being arbitrated under this section. In acting as arbitrator under
the provisions of this section, the commission shall have all the powers
which it may lawfully exercise in compensation cases, and its findings
and award upon sucn arbitration shall have the same conclusiveness
and be subject to the same mode of reopening, review and enforcement
as in compensation cases. No fee or cost shall be charged by the com
mission to any party for arbitrating the issues presented under this
section
[Ch. 536, 1917.]
S e c . 58. The commission shall have jurisdiction over all controSta?eUrieSou 8 versies arising out of injuries suffered without the territorial limits of
this State in those cases where the injured employee is a resident of
this State at the time of the injury and the contract of hire was made
in this State, and any such employee or his dependents shall be en
titled to the compensation or death benefits provided by this act.
[This section is unconstitutional, as it discriminates between residents of the State
and nonresident citizens of other States. Quong Ham Wah Co. v. Ind. Acc. Com., 59
Cal., Dec. 18.]
fCh. 586, 1917.]
S e c . 59. The commission may
.References.
Up 0 n the application of either, or

upon the agreement of the parties,
of its own motion, and either with or
without notice, direct and order a reference in the following cases:
( 1) To try any or all of the issues in any proceeding before it, whether
of fact or of law, and to report a finding, order, decision or award to be
based thereon.
(2) To ascertain a fact necessary to enable the commission to deter
mine any proceeding before it or to make any order, decision or award

TEXT OF LAWS---- CALIFORNIA.

335

that the commission is authorized to make under this act, or that is
necessary for the information of the commission.
(b) The commission may appoint one or more referees in any pro
ceeding, as it may deem necessary or advisable, and may refer matters
arising out of the same proceeding to different referees. It may also,
in its discretion, appoint general referees who shall hold office during
the pleasure of the commission. Any referee appointed by the com- Power of refmission shall have such powers, Jurisdiction and authority as is granted erees*
under the law, by the order of appointment and by the rules of the
commission, and shall receive such salary or compensation for his
services as may be fixed by the commission.
(c) Any party to the proceeding may object to the appointment of
any person as referee upon any one or more of the grounds specified in
section six hundred forty-one of the Code of Civil Procedure and such
objection must be heard "and disposed of by the commission. Affidavits
may be read and witnesses examined as to such objections.
(a) Before entering upon his duties, the referee must be sworn
before an officer authorized to administer oaths, faithfully and fairly to
hear and determine the matters and issues referred to him, and to
make just findings and report according to his understanding.
(e) The referee must report his findings in writing to the commission
within fifteen days after the testimony is closed. Such report shall be
made in the form prescribed by the commission and shall include all
matters required to be included in the order of reference or by the
rules of the commission. The facts found and conclusions of law must
be separately stated.
(f) Upon the filing of the report of the referee, the commission may
confirm, adopt, modify or set aside the same or any part thereof ana
may, either with or without further proceedings, ana either with or
without notice, enter its order, findings, decision or award based in
whole or in part upon the report of the referee, or upon the record in
the case.
(g) The provisions of the preceding subdivisions of this section shall
not be construed to prevent the commission from requiring its referees
merely to hold hearings and to make return of the testimony to the
commission.
S e c . 60. (a) All hearings and investigations before the commission [Ch. 586,1917.]
or any member thereof, or any referee appointed thereby, shall be Procedure'
governed by this act and by the rules of practice and procedure adopted
by the commission, and in the conduct thereof neither the commission
nor any member thereof, nor any referee appointed thereby, shall be
bound by the common law or statutory rules of evidence and procedure,
but may make inquiry in such manner, through oral testimony and
written and printed records, as is best calcxilated to ascertain the sub
stantial rights of the parties and carry out justly the spirit and pro
visions of this act. No informality in any proceeding or m the manner
of taking testimony shall invalidate any order, decision, award, rule or
regulation made, approved or confirmed by the commission; nor shall
any order, award, rule or regulation be invalidated because of the
admission into the record, and use as proof of any fact in dispute, of
any evidence not admissible under the said common law or statutory
rules of evidence and procedure.
(b) The commission, or a commissioner or referee, or any party to
the action or proceeding, may, in any investigation or hearing before
the commission, cause the deposition of witnesses residing within or
without the State to be taken in the manner prescribed by law for like
depositions in civil actions in the superior courts of this State, and to
that end may compel the attendance of witnesses and the production
of books, documents, papers and accounts: Provide, That depositions
taken outside of the State may be taken before any officers authorized
to administer oaths.
S e c . 61. The commission and each member thereof, its^ secretary,
[Ch. 586, 1917.1
assistant secretaries and referees, shall have power to administer oaths, minuter oaths]
certify to all official acts, and to issue subpoenas for the attendance of etc.
*
witnesses and the production of papers, books, accounts, documents
and testimony in any inquiry, investigation, hearing or proceeding in
any part of the State. Each witness who shall appear, by order of the

336

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"UNITED

states.

commission or a member thereof, or a referee appointed thereby, shall
be entitled to receive, if demanded, for his attendance the same fees
and mileage allowed by law to a witness in civil cases, which amount
shall be paid by the party at whose request such witness is subpoenaed,
unless otherwise ordered by the commission. When any witness who
has not been required to attend at the request of any party is subpoenaed
by the commission, his fees and mileage may be paid irom the funds
appropriated for the use of the commission in the same manner as
other expenses of the commission are paid. Any witness subpoenaed,
except one whose fees and mileage may be paid from the funds of the
commission, may, at the time of service, demand the fee to which he is
entitled for travel to and from the place at which he is required to
appear, and one day’s attendance. If such witness demands such fees
at the time of service, and they are not at that time paid or tendered,
he shall not be required to attend before the commission, member
thereof, or referee as directed in the subpoena. All fees and mileage
to which any witness is entitled, under the provisions of this section,
may be collected by action therefor instituted by the person to whom
such fees are payable.
[Ch. 586,1917.]
S e c . 62. The superior comt in and^ for the county, or city and
Courts to aid. county, in which any inquiry, investigation, hearing or proceeding
may be held by the commission or any member thereof or referee ap
pointed thereby, shall have the power to compel the attendance of
witnesses, the giving of testimony and the production of papers, includ
ing books, accounts and documents, as required by any subpoena issued
by the commission or member thereof or referee. The commission or
any member thereof or the referee, before whom the testimony is to be
given or produced, in case of the refusal of any witness to attend or
testify or produce any papers required by such subpoena, may report
to the superior court in and for the county, or city and county, m which
the proceeding is pending, by petition, setting forth that due notice
has been given of the time and place of attendance of said witness, or
the production of said papers, and that the witness has been subpoenaed
in the manner prescribed in this act, and that the witness has failed
and refused to attend or produce the papers required by the subpoena,
or has refused to answer questions propounded to him m the course of
such proceeding, and ask an order of said court, compelling the witness
to attend and testify or produce said papers before the commission.
The court, upon the petition of the commission or such member thereof
or referee, shall enter an order directing the witness to appear before the
court at a time and place to be fixed by the court in such order, the time
to be not more than ten days from the date of the order, and then and
there show cause why he had not attended and testified or produced
said papers before the commission, member thereof or referee. A copy
of said order shall be served upon said witness. If it shall appear to
the court that said subpoena was regularly issued by the commission or
member thereof or referee and that the witness was legally bound to
comply therewith, the court shall thereupon enter an order that said
witness appear before the commission or member thereof or referee at
a time and place to be fixed in such order, and testify or produce the
required papers, and upon failure to obey said order, said witness shall
be dealt with as for contempt of court. The remedy provided in this
section is cumulative, and shall not be construed to impair or interfere
with the power of the commission or a member thereof to enforce the
attendance of#witnesses and the production of papers, and to punish
for contempt in the same manner and to the same extent as courts of
record.
[Ch. 586, 1917.]
S e c . 63. (a) The commission is hereby vested with full power, auGeneralpowers. thority and jurisdiction to do and perform any and all things, whether
herein specifically designated, or in addition thereto, which are neces
sary or convenient in the exercise of any power, authority or jurisdic
tion conferred upon it under this act.
(b)
The commission and each member thereof shall have power to
issue writs or summons, warrants of attachment, warrants of commit
ment and all necessary process in proceedings for contempt, in like
manner and to the same extent as courts of record. The process issued
by the commission or any member thereof shall extend to all parts of

TEXT OF LAWS— CALIFORNIA.

the State and may be served by any persons authorized to serve process
of courts of record, or by any person designated for that purpose by the
commission or any member thereof^ The person executing any such
process shall receive such compensation as may be allowed by the com
mission, not to exceed the fees now prescribed by law for similar
sendees, and such fees shall be paid in the same manner as provided
herein for the fees of witnesses.
S e c . 64. (a) Any party or person aggrieved directly or indirectly [Ch. 586, 1917
by any final order, decision, award, rule or regulation of the commis- Shearings,
sion, made or entered under any provision contained in this act, may
apply to the commission for a rehearing in respect to any matters deter
mined or covered by such final order, decision, award, rule or regula
tion and specified in th e application for rehearing within the time and
in the manner hereinafter specified, and not otherwise.
(b) No cause of action arising out of any such final order, decision
or award shall accrue in any court to any person until and unless such
person shall have made application for such rehearing, and such appli
cation shall have been granted or denied: Provided, That nothing here
in contained shall be construed to prevent the enforcement of any such
final order, decision, award, rule or regulation in the manner provided
in this act.
(c) Such application shall set forth specifically and in full detail the
grounds upon which the applicant considers said final order, decision,
award, rule or regulation is unjust or unlawful, and every issue to be
considered by the commission. Such application must be verified up
on oath in the same manner as required for verified pleadings in courts
of record and must contain a general statement of any evidence or
other matters upon which the applicant relies in support thereof. The
applicant for such hearing shall be deemed to have finally waived all
objections, irregularities and illegalities concerning the matter upon
which such rehearing is sought other than those set forth in the appli
cation for such rehearing.
(d) A copy of such application for rehearing shall be served forth
with upon all adverse parties by the party applying for such rehearing,
and any such adverse party may file an answer thereto within ten days
thereafter. Such answer must likewise be verified. The commission
may require the application for rehearing to be served on such other
persons or parties as may be designated by it.
(e) Upon filing of an application for a rehearing, if the issues raised
thereby have theretofore been adequately considered by the commis
sion, it may determine the same by confirming without hearing its pre
vious determination, or if a rehearing is necessary to determine the is
sues raised, or any one or more of such issues, the commission shall order
a rehearing thereon and consider and determine the matter or matters
raised by such application. If at the time of granting such rehearing
it shall appear to the satisfaction of the commission that no sufficient
reason exists for taking further testimony, the commission may recon
sider and redetermine the original cause without setting a time and
place for such further rehearing. Notice of the time and place of such
hearing, if any, shall be given to the applicant and adverse parties, and
to such other persons as the commission may order.
(/) If after such rehearing and a consideration of all the facts, includ
ing those arising since the making of the order, decision, or award in
volved, the commission shall be of the opinion that the original order,
decision, or award, or any part thereof, is in any respect unjust or
Unwarranted, or should be changed, the commission may abrogate,
change, or modify the same. An order, decision, or award made after
such rehearing, abrogating, changing, or modifying the original order,
decision, or award, shall have the same force and effect as an original
order, decision, or award, but shall not affect any right or the enforce
ment of any right arising from or by virtue of the original order, deci
sion, or award, unless so ordered by the commission. An application
for a rehearing shall be deemed to have been denied by the commission
unless it shall have been acted upon within thirty days from the date
of filing: Provided, however, That the commission may, upon good cause
177982°—21— Bull. 272------ 22

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being shown therefor, extend the time within which it may act upon
such application for not exceeding thirty days.
[Ch. 586, 1917.]
s Ec. 65. (a) At any time within twenty days after the service of
hearing1
re" any
order or decision of the commission awarding or denying
compensation, or arising out of or incidental thereto, any party or
parties aggrieved thereby may apply for such rehearing upon one or
more of the following grounds and upon no other grounds:
( 1) That the commission acted without or in excess of its powers.
(2) That the order, decision, or award was procured by fraud.
(3) That the evidence does not justify the findings of fact.
(4) That the applicant has discovered new evidence, material to
him, which he could not, with reasonable diligence, have discovered
and produced at the hearing.
(5) That the findings of fact do not support the order, decision, or
award.
( 6) Nothing contained in this section shall, however, be construed to
limit the grant of continuing jurisdiction contained in subsection (d)
of section twenty of this act.
[Ch. 586, 1917.]
S e c . 6 6 . ( a ) At any time within twenty days after the sendee of
Same subject. a
ny finaj order, decision, rule, or regulation, other than an order or
award pertaining to compensation, any party or parties, person or
persons aggrieved thereby or otherwise affected, directly or indirectly,
may apply for such rehearing upon one or more of the following grounds ,
and upon no other grounds:
( 1) That the commission acted without or in excess of its powers.
(2) That the order or decision was procured by fraud.
(3) That the order, decision, rule, or regulation is unreasonable,
(b)
Nothing contained in this section shall be construed to limit the
right of the commission, at any time and from time to time, to adopt
new or different rules or regulations or new or different standards of
safety, or to abrogate, change, or modify any existing rule, regulation,
or standard, or any part thereof, or to deprive the commission of con
tinuing jurisdiction over the same, or to prevent the enforcement in the
manner provided by this act, of any rules, regulations, or standards of
the commission, or any part thereof, when so adopted, or changed, or
modified.
[Ch. 586, 1917.]
S e c . 67. (a) Within thirty days after the application for a rehearA p p e a l t o ing is denied, or, if the application is granted within thirty days after
courts.
the rendition of the decision on the rehearing, any party affected
thereby may apply to the supreme court of this State, or to the district
court of appeal of the appellate district in which such person resides,
for a writ of certiorari or review, hereinafter referred to as a writ of
review, for the purpose of having the lawfulness of the original order,
rule, regulation, decision, or award, or the order, rule, regulation,
decision, or award on rehearing inquired into and determined.
(b) Such writ shall be made returnable not later than thirty days
after the date of the issuance thereof, and shall direct the commission
to certify its record in the case to the court. On the return day the
cause shall be heard in the court unless for good cause the same be
continued. No new or additional evidence may be introduced in such
court, but the cause shall be heard on the record of the commission as
certified to by it. The ieview shall not be extended further than to
determine whether:
( 1) The commission acted without or in excess of its powers.
(2) The order, decision, or award was procured by fraud.
(3) The order, decision, rule, or regulation was unreasonable.
(4) If findings of fact are made, such findings of fact support the
order, decision, or award under review.
(c) The findings and conclusions of the commission on questions of
fact shall be conclusive and final and shall not be subject to review;
such questions of fact shall include ultimate facts and the findings and
conclusions of the commission. The commission and each party to the
action or proceeding before the commission shall have the riffht to
appear in the review proceeding. Upon the hearing the court shall
enter judgment either affirming or setting aside the order, decision, or
award or may remand the case for further proceedings before the
commission.

TEXT OF LAWS---- CALIFORNIA.

339

(d) The provisions of the Code of Civil Procedure of this State
relating to writs of review shall, so far as applicable and not in conflict
with this act, apply to proceedings in the courts under the provisions of
this section. No court of this state, except the supreme court and the
district courts of appeal to the extent herein specified, shall have juris
diction to review, reverse, correct, or annul any order, rule, regulation,
decision, or award of the commission, or to suspend or delay the opera
tion or execution thereof, or to restrain, enjoin, or interfere with the
commission in the performance of its duties: Provided, That a writ of
mandamus shall lie from the supreme court or the district courts of
appeal in all proper cases.
Sec. 68. (a) The filing of an application for a rehearing shall have [Ch. 586,1917.}
the effect of suspending the order, decision, award, rule, or regulation Suspension,
affected, in so far as the same applies to the parties to such application,
unless otherwise ordered by the commission, for a period of ten days,
and the commission may, in its discretion and upon such terms and
conditions as it may by order direct, stay, suspend, or postpone the same
during the pendency of such rehearing.
(b)
The filing of an application for, or the pendency of, a writ of
review, shall not of itself stay or suspend the operation of the order,
decision, award, rule or regulation of the commission subject to review,
but the court before which such application is filed may, in its discre
tion, stay or suspend in whole or in part the operation of the order,
decision, award, rule or regulation of the commission subject to review,
upon such terms and conditions as it may by order direct, except as
provided in the following subsection.
(e) The operation of any order or award entered by the commission
under the provisions of sections six to thirty-one, inclusive, of this act,
or any judgment entered thereon, shall not at any time be stayed by
the court to which petition is made for a writ of review, unless a
written undertaking be executed on the part of the petitioner by two or
more sureties, to the effect that they are bound in double the amount
named in such order, award or judgment; that if the order, award or
judgment appealed from, or any part thereof, be affirmed, or the pro
ceeding upon review be dismissed, the petitioner shall pay the amount
directed to be paid by the order, award or judgment, or the part of
such amount as to which the order, award or judgment is affirmed, if
affirmed only in part, and all damages and costs which may be awarded
against the petitioner; and that, if the said petitioner does not make
such payment within thirty days after the filing with the commission of
the remittitur from the reviewing court, judgment may be entered, on
motion of the adverse party, in his favor, and to which the said under
taking may be transferred, in any superior court in which a certified
copy of the order or award may be filed against the sureties for such
amount, together with interest that may be due thereon, and the
damages and costs which may be awarded against the said petitioner.
The provisions of the Code of Civil Procedure, except in so far as they
may be inconsistent with this act, are applicable to said undertaking
Such undertaking shall be filed with the commission, and the certificate
of the commission, or any proper officer thereof, of the filing and
approval pf such undertaking, is sufficient evidence of the compliance of
the petitioner with the provisions of this subsection.
Sec. 69. (a) Whenever this act, or any part or section thereof^ is [Ch. 586, 1917.]
interpreted by a court, it shall be liberally construed by such court with ons mc lon*
the purpose of extending the benefits of the act for the protection of
persons injured in the course of their employment.
(b) If any section, subsection, subdivision, sentence, clause or phrase
of this act is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this act. The
legislature hereby declares that it would have passed this act, and each
section, subsection, subdivision, sentence, clause or phrase thereof, irre
spective of the fact that any one or more sections, subsections, sub
divisions, sentences, clauses or phrases is declared unconstitutional.
(c) This act shall not be construed to apply to employers or employ- Interstate com
ments which, according to law, are so engaged in interstate commerce merce‘
as not to be subject to the legislative power of the State, or to employees
injured while they are so engaged, except in so far as this act may be

340

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permitted to apply under the provisions of the Constitution of the
United States or the acts of Congress. ^
fCh. 586, 1917.]
S e c . 70. (a) Any employer, having in his employment any employee
cludStl0employ" not inc*u<tea within the term ‘ "employee” as defined by section eight of
merits.
this act or not entitled to compensation under this act, and any such
employee, may, by their joint election, elect to come under the com
pensation provisions of this act in the manner hereinafter provided.
(6)
Such election on the part of the employer shall be made by filing
with the commission a written statement to the effect that he accepts
the compensation provisions of this act, which, “when filed, shall operate
within the meaning of section six of this act, to subject him to the com
pensation provisions thereof, and of all acts amendatory thereof, for the
term of one year from the date of filing, and thereafter without further
act on his part, for successive terms of one year each, unless such
employer shall, at least sixty days prior to the expiration of such first
or succeeding year, file in the office of the commission a notice in
writing that he withdraws his election. Such acceptance shall be held
to include employees whose employment is both casual and not in the
course of the trade, business, profession or occupation of the employer,
unless expressly excluded therefrom. In case any employer is insured
against liability for compensation under this act, he shall be deemed to
have so elected during the period that such policy shall remain in force,
without filing such written notice with the commission, as to all classes
of employees covered by such policy of insurance, anything in this act
to the contrary notwithstanding.
(c) Any employee in the service of any employer who has made an
election in either of the modes above prescribed, shall be deemed to
have accepted, and shall, within the meaning of section six of this act,
be subject to the compensation provisions of this act, and of any act
amendatory thereof, if, at the time of the injury for which liability is
claimed:
( 1) The employer charged with such liability is subject to the com
pensation provisions of this act, whether the employee has actual notice
thereof or not; and
(2 ) Such employee shall not, at the time of entering into the employ
ment, have given to his employer notice in writing that he elects not to
be subject to the compensation provisions of this act; or, in the^event
that such employment was entered into in advance of the election by
the employer, such employee shall have given to his employer notice in
writing that he elects to be subject to such provisions, or without giving
either of such notices shall have remained in the service of such
employer for five days after the employer has filed his election, in
which case the time at which the employee becomes subject to said
compensation provisions shall be deemed to be at the beginning of said
period.
(d) The State, and all political or other subdivisions thereof, as
defined in section seven, and all State institutions, shall be conclusively
presumed to have elected to come within the provisions of this act as to
all employments otherwise excluded from this act.
(e) All written acceptances filed by employers with the commission
prior to the taking effect of this act, accepting the provisions of th$
workmen’s compensation, insurance and safety act, chapter one hun
dred seventy-six, statutes of 1913, and all acts amendatory thereof, shall,
unless written notice be given to the contrary by said employer within
sixty days after the taking effect of this act, be deemed acceptances of
the provisions of this act, and all acts amendatory thereof, in accord
ance with the provisions of this section.
£Ch. 176,1913.]
Sec. 88 . The commission shall, not later than the first day of
.Reports.
December of each calendar year, subsequent to the year 1913, make a
report to the governor of the State covering its entire operations and
proceedings for the previous fiscal year, with such suggestions or recom
mendations as it may deem of value for public information. Such
report shall be printed and a copy thereof furnished to all*lapplicants
within this State.

TEXT OF LAWS— CALIFORNIA.

341

ACTS OF 1919.
Ch ap ter

183.— Vocational rehabilitation.

S e c t io n 1. Whenever any fatal compensable injury is suffered by
Rehabilitation
any employee coming under the provisions of said compensation, fund*
insurance and safety act and such deceased employee does not leave
surviving him any person entitled to a death benefit, the employer, or
his insurance carrier, if he be insured under said compensation act,
shall pay into the treasury of the State of California the sum of three
hundred fifty dollars for each such fatal injury in addition to any
other payments under the provisions of said compensation act: Provided, That the total payments shall not exceed three times the average
annual earnings of said deceased^ employee. Said moneys paid into
the State treasury under the provisions ^! this section shall be covered
into a special fund to be known as the ‘ ‘ industrial rehabilitation fund, ”
which fund is hereby created and appropriated for the purposes set
forth in this act.
S e c . 2 . The industrial accident commission may draw upon said Use of fund,
fund for the promotion of vocational reeducation and rehabilitation
of persons disabled in industry in this State, in addition to any other
money appropriated for such purposes. The controller is hereby
ordered to draw his warrant on said fund from time to time in accord
ance with the direction of the commission, and the treasurer is hereby
authorized and directed to pay the same.
S ec . 3. The treasurer shall place the remainder, if any, of the fund, Surplus,
after making the payments required by the preceding sections of this
act, semiannually, to the credit of the accident prevention fund, estab
lished by said compensation act.
S e c . 4. As soon as the sum of five thousand dollars shall have . Tobearevolvaccumulated in said fund, the treasurer shall, upon the order of the mg fund*
industrial accident commission, deposit the same with the State com
pensation insurance fund as a revolving fund. The State compensation
insurance fund shall, upon the order or award of the industrial acci
dent commission, make the payments required by sections two, three,
and four from said revolving fund, accounting therefor to the State
board of control as in other cases, and the State treasurer shall from
time to time, upon the order of the commission, reimburse said State
compensation insurance fund from the industrial rehabilitation fund
for expenditures made# from said revolving fund. The reasonable
expense of administration of the said State compensation insurance
fund in carrying out the duties imposed by this act shall, upon the
auditing and approval thereof by the State board of control, be paid
from said industrial rehabilitation fund in the same manner as is pro
vided in this section for other payments. The controller is hereby
directed to draw his warrant from time to time in favor of the State
compensation insurance fund in accordance with the direction of said
commission, and the treasurer is hereby authorized and directed to pay
the same.
S e c . 5. If any proceedings are necessary to collect from any emCollection of
ployer the amount mentioned in the preceding section, or to deter-fund*
mine the liability of any employer under said compensation act with
respect to said amount, suchproceedings shall be instituted before the
industrial accident commission of its own motion or by the attorney
general on behalf of the people of the State of California and such
proceedings shall be tried and determined in the same manner and with
the same, effect as any other proceeding to collect compensation: Pro
vided, That if proceedings be instituted by any other person to collect
benefits under the compensation act on account of such fatal injury, the
commission may, if it finds said sum of three hundred fifty dollars
payable to the State treasurer, award said sum to the^ State of Cali
fornia without the people of the State of California being a party to
said proceedings: And provided further, That if said sum of three
hundred fifty dollars shall be paid into the treasury and at any time
thereafter any person claiming to be a dependent of the deceased em
ployee shall establish such dependency and secure an award^therefor,
the commission may make an award against the State of California in

342

W O R K M E N S COMPENSATION LAWS OF TH E UNITED STATES.

favor of said dependent for said sum of three hundred fifty dollars,
or as much thereof as may be necessary to meet the claim of such
dependent, said sum to be applied to said death benefit and to relieve
to that extent the employer or his insurance carrier against liability
therefor.
Powers of com
S e c . 6 . The industrial accident commission of the State of California
mission.
is hereby vested with full jurisdiction and authority to hear and deter
mine any and all questions and controversies arising under this act
and to make and enter all orders and awards necessary to carry out
the purposes herein set forth.
Approved May 5, 1919.

COLORADO.
ACTS OF 1915.
C h a p t e r 180.— Industrial commission.
S e c t io n 5. There is hereby created a board which shall be known
as the “ Industrial Commission of Colorado. ’ 7 Within thirty days
after the passage of this act the governor, by and with the consent of
the senate, shall appoint one member whose term of office shall expire
March 1 , 1917; a second member whose term of office shall expire
March 1 , 1919; and a third member whose term of office shall expire
March 1,1921. Upon the expiration of each appointment the governor
shall appoint members of the commission, by and with the advice and
consent of the senate, for terms of six years each. Vacancies shall be
filled in the same manner for unexpired terms. Not more than two of
the commissioners shall be members of the same political party. Not
more than one of the^appointees to such commission shall be a person
who, on account of his previous vocation, employment, or affiliations,
can be classed as a representative of employers, and not more than one
of such appointees shall be a person who, on account of his previous
vocation, employment, or affiliations, can be classed as a representa
tive of employees.
Each member of the commission, before entering upon the duties of
his office, shall take the oath prescribed by the constitution, and shall
give good and sufficient bond running to the people of the State of Colo
rado, in the penal sum of ten thousand^ dollars, conditioned that he
shall faithfully discharge the duties of his office and shall account for
and pay over to the person entitled thereto such moneys as shall come
into his possession; said bond shall be signed by a surety company duly
authorized to do business in this State or by two or more individuals as
surety or sureties and shall be subject to approval by the governor and
shall then be filed with the secretary of state. If surety company bonds
shall be furnished, the premium therefor shall be paid by the State as
other expenses of the commission are paid. In case of a vacancy the
remaining two members of the commission shall exercise all the powers
and authority of the commission until such vacancy is filled. Each
member of the commission shall receive an annual salary of not to exceed four thousand dollars and actual expenses necessarily incurred in
the performance of his duties, which shall be in full for all services per
formed. The commissioners shall devote their entire time to the
duties of their office.
A majority of said commissioners shall constitute a quorum to trans
act business and for the exercise of any of the powers or authority con
ferred by this act.
Approved April 12 , 1915.

Commission are

Oath.
Bond.

salaries,

ACTS OF 1919.
C h a p t e r 210.— Compensation o f workmenfor injury.
S ection 1 . This act shall be known and may be cited as “ Workmen’s Compensation Act of Colorado.”
S ec. 2. The industrial commission of Colorado, created by the act of
the general assembly of Colorado, shall enforce and administer the pro
visions of this act. The said commission, in the administration of this
act shall be governed by its provisions if there be conflict between the
same and the provisions of the act creating said commission.
S ec . 3. The term “ commission” when used in this act shall mean
the industrial commission of Colorado.

TltleAdministration.

Definitions.
343

344

w o r k m e n ’s

COMPENSATION

la w s of t h e

UNITED STATES.

S ec . 4. Unless the context otherwise requires, a word used in this
act in the singular number shall also include the plural; and the mascu
line gender shall include feminine and neuter.
Order.
S ec . 5. The term “ order ” shall mean and include any decision,
finding and award, classification, rate, rule, regulation, direction, re
quirement or standard of the commission^ or any other determination
arrived at or decision made by such commission.
Place of
S e c. 6. The term “ place of employment” shall mean and include
ployment.
ever^r place whether indoors or outdoors or underground, and the
premises, work places,^ works and plants appertaining thereto or used
in connection therewith, where either temporarily or permanently
any industry, trade or business is carried on, or where any process or
operation directly or indirectly relating to any industry, trade, or busi
ness is carried on, or where any person is directly or indirectly em
ployed by another for direct or indirect gain or profit, except as other
wise expressly provided in this act.
Employment.
S ec . 7. The term “ employment” shall mean and include any trade,
occupation, job, or position, or process of manufacture, or any method
of carrying on any such trade, occupation, job, or position, or process
of manufacture in which any person may be engaged, except as other
wise expressly provided in this act.
Employer.
S ec . 8 . The term “ employer” shall mean and include:
(а) The State, and each county, city, town, irrigation, drainage and
school district therein, and all public institutions and administrative
boards thereof without regard to the number of persons in the service
of any such public employer: And provided, That all such public em
ployers shall be at all times subject to the compensation provisions of
this act.
( б) Every person, association of persons, firm and private corpora
tion (including any public service corporation), personal representative,
assignee, trustee or receiver, who has four or more persons engaged in
the same business or employment (except as otherwise expressly pro
vided in this act), in service under any con tract of hire, express or im
plied, and who, at or prior to the time of the accident to the employee
for which compensation is claimed under this act, has elected to become
subject to the provisions of this act, and who shall not, prior to such
accident, have^ effected a withdrawal of such election in the manner
provided in this act.
Exemptions.
(c)
This act is not intended to apply to employers of private domestic
servants or farm and ranch labor, nor to employers who employ less
than four employees in the same business, or in or about the same
place of employment: Provided, That any such employer may elect to
accept the provisions of this act in the manner herein provided.
Employee.
S ec . 9. The term “ employee” shall mean and include:
(а) Every person in the service of the State, or of any county, city,
town, irrigation, drainage, or school district therein, or any public
institution or administrative board thereof, under any appointment or
contract of hire, express^ or implied, except an elective official of the
State, or any county, city, town, irrigation, drainage, or school dis
trict therein, or of any public institution or administrative board
thereof; except all officers and enlisted men of the National Guard of
the State of Colorado. Policemen and firemen shall be deemed em
ployees, within the meaning of this paragraph: Provided, That any
policeman or fireman, or if killed, any dependent, claiming compen
sation under this act shall have deducted from such compensation any
sum which such policeman or fireman, or their dependent may>receive
from any pension or any benefit fund to which the municipality may
contribute.
( б) Every person in the service of any other person, association of
persons, firm, private corporation, including any public service cor
poration, personal representative, assignee, trustee, or receiver, under
any contract of hire, express or implied, including aliens and also
including minors, whether lawfully or unlawfully employed (who for
the purpose of this act shall be considered the same, and shall have
the same power of contracting with respect to their employment, as
adult employees), but not including any persons, who are expressly
Casual workers, excluded from this act or whose employment is but casual and not in
Number and

TEXT OF LAWS— COLORADO.

345

the usual course of trade, business, profession or occupation of his
employer.
Sec. 10. The provisions of this act shall not apply to common Interstate comcarriers engaged in interstate commerce nor to their employees.
merce*
Sec. 11. Where an employer, who has accepted the provisions of
this act and has complied therewith, shall loan the service of any of L o a n e d emhis employees who have accepted the provisions of this act, to any Ployeesthird person, he shall be liable for any compensation thereafter for
any injuries or death of said employee as in this act provided, unless
it^shall appear from the evidence in said case that said loaning con
stitutes a new contract of hire, express or implied, between the em
ployee whose services were loaned and the person to whom he was
loaned.
S e c . 12. In an action to recover damages for a personal injury sus- M en ses abrotained by an employee on and after the first day of August, 1915, while gatedengaged in the line of his duty as such, or for death resulting from
personal injuries so sustained, in which recovery is sought upon the
ground of want of ordinary care of the employer, or of the officer, agent,
or servant of the employer, it shall not be a defense:
^(a) That the employee,^ either expressly or impliedly, assumed the
risk of the hazard complained of as due to the employer’s negligence.
(b) That the injury or death was caused, in whole or in part, by the
want of ordinary care of a fellow servant. ^
(c) That the injury or death was caused, in whole or in part, by the
want of ordinary care of the injured employee where such want of care
was not willful.
S e c . 13. Any employer who has elected to and has complied with . Remedy excluthe provisions of this act, including the provisions relating to insurance,sive*
shall not be subject to the provisions of section 12 of this act; nor shall
such employer be subject to any other liability whatsoever for the
death of or personal injury to any employee, except as in this act
provided; and all courses of action, actions at law, suits in equity, and
proceedings whatever, and all statutory and common law rights and
remedies for and on account of such death or personal injury to any
such employee are hereby abolished except as in this apt provided.
Sec; 14. If an employer has elected to and has complied with the
provisions of this act, including the provisions thereof relating to in
surance, and an action is brought against such employer to recover
damages for personal injuries or death sustained by an employee who
has elected not to come underbills act, then such employer shall have Defenses valid,
all the defenses to such an action which he would have had if this act wlienand that pertain other act entitled, “ An act concerning assumption of
risk,” being chapter 43, page 115, of the Session Laws of 1913, and an
act entitled, “ To give a right of action against an employer for injuries
or death resulting to his agents, employees, or servants, etc.,” same
being chapter 113, page 294 of the Session Laws of 1911, and also an
act entitled, “ To relieve employees and workmen from assuming the
risk of injury or death, etc.,” same being chapter 72, page 197, Session
Laws of 1915, had not been enacted.
<Sec. 15. The right to the compensation provided for in this act, in Application of
lieu of any other liability whatsoever, to any and all persons whom•
soever, for any personal injury accidentally sustained or death result
ing therefrom, on and after August 1, 1915, shall obtain in all cases
where the following conditions occur:
(a) Where, at the time of the accident, both employer and employee
are subject to the provisions of this act; and where the employer has
complied with the provisions thereof regarding insurance.
(b) Where, at the time of the accident, the employee is performing
service arising out of and in the course of his employment.
(c) Where the injury or death is proximately caused by accident
arising out of and in the course of his employment, and is not intention
ally self-inflicted.
S e c . 16. On and after August 1 , 1915, every^ employer of four or Election premore employees, not including private domestic servants and farm sumeaand ranch laborers, engaged in a common employment, shall be con
clusively presumed, when he becomes the employer of four or more
persons, to have accepted the provisions of this act, unless prior to that

346

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

date suck employer shall have filed with the commission a notice in
writing to the effect that he elects not to accept the provision of this act:
Provided, however, That any employer commencing business subse
quent to August 1, 1915, or not having in his employ four or more em
ployees on said date, may make his election not to become subject to
the provisions of this act at any time prior to becoming an employer of
four or more employees, in a common employment, exclusive of private
domestic servants, and farm and ranch laborers, by giving written
notice as above provided. If such written notice is not given prior to
said employer becoming the employer of four or more employees, said
employer shall be conclusively presumed to have accepted the provi
sions of this act, subject, however, to the right of withdrawal, as herein
provided.
Voluntary elec- S ec . 17. Election on the part of any employer to be subject to this
tl0nact, including the employer of private domestic servants, farm and
ranch laborers or of three or less employes, may be made by filing with
the commission a written statement to the effect that he accepts the
provisions of this act, the filing of which statement shall operate to
subject such employer to the provision of this act for the term of one
( 1) year from the date of filing such statement, and thereafter, without
further act on his part, for successive terms of one year each, unless
such employer shall, at least sixty days prior to the expiration of such
first or any succeeding year, file in the office of said commission a
notice in writing to the effect that he desires to withdraw his election
to be subject to the provisions of this act.
Employees unS ec. 18. Any employee may become subject to the provisions of
der act, when.
ac^ an(j shall be deemed to have accepted, and shall be subject
to the provisions thereof if at the time of the accident upon which
. liability is claimed—
(a) His employer is subject to the provisions of this act and has
complied with the requirements thereof, including insurance; and if,
(b) Such employee shall not, at the time of entering into his contract
of hire, expressed or implied with such employer, have given to his
employer notice in writing that he elects not to be subject to the pro
visions of this act.
Suits barred.
SEC. 19. Such election and compliance with the provisions of this
act, including the provisions for insurance, shall be, and be construed
to be, a surrender by the employer and the employee of their rights to
any other method, form or amount of compensation or determination
thereof, or to any cause of action, action at law, suit in equity or statu
tory or common law right or remedy or proceeding whatever for or on
account of such personal injuries or death of such employee than as
provided in this act, and shall be an acceptance of all o f the provisions
of this act, and shall bind the employee himself, and for compensation
for his death, shall bind his personal representatives, his widow and
next of kin, as well as the employer, and those conducting his business
during bankruptcy or insolvency.
Notice of nonS ec . 20. Every employer, not electing to accept or rejecting the
election.
provisions of this act, shall cause printed notices thereof to be kept
posted in and about his place of employment in a conspicuous manner
and in sufficient places frequented by his employees, as to reasonably
notify such employees that he is not subject to the provisions of this
act, and shall likewise cause similar notice to be given of the filing of
any change of such election on his part.
Insurance.
Sec. 21. Any employer electing to become subject to the provisions
of this act shall secure compensation for his employees in one of the
following ways, which shall be deemed to be compliance with the
insurance requirements of this act:
^(a) By insuring and keeping insured the payment of such compensa
tion in the State compensation insurance fund; or,
( 6)
By insuring and keeping insured the payment of such
compensation with any stock or mutual corporation authorized to
transact the business of workmen’s compensation insurance in this
State. If insurance be so effected in such stock or mutual corporation,
the employer or insurer shall forthwith file with the commission, in
form prescribed by it, a notice specifying the name of the insured and
the insurer, the business and place of business of the insured and the

TEXT OF LAWS---- COLORADO.

347

effective and termination dates of the policy, also, when requested, a
copy of the contract or policy of insurance.
(c)
By procuring a self-insurance permit from the commission as
hereinafter provided: Provided, however, That the State itself, and each
county, city, town, irrigation, drainage and school district therein and
each public institution and each administrative board thereof shall,
at all times, insure and keep insured the payment of such compensation
in the State compensation insurance fund.
S e c. 22. Every contract for the insurance of compensation herein . Contracts for
provided for, or against liability therefor, shall be deemed to be made msurancesubject to all the provisions of this act, and all pi*)visions in such con
tract for insurance, inconsistent with the provisions of this act, shall
be void. The industrial commission shall from time to time approve
and prescribe a standard or universal form, as nearly as possible, for
every contract or policy of insurance, indorsement, rider, letter, or
other document affecting such contract, for use in insuring the compen
sation herein provided for.
S ec . 23. Every insurance carrier authorized to transact business in
etc-> t0
this State, which insures employers against liability for compensation,
under the provisions of this act, shall file with the commission its
classification of risks, and premiums relating thereto, and any subse
quent proposed classification of risks and premiums together with all
rates and any system or systems of rating, none of which shall take
effect until approved by the industrial commission, and said com
mission shall have the power to disapprove same as inadequate. The
commission may, at any time, withdraw its approval of any rate or
system of rating.
S ec . 24.. Every insurance carrier writing compensation insurance ? ^ ting’ etc->
shall write said insurance at the rate or rates approved as adequate by
en<
the industrial commission, and the cutting of rates or rebating, or any
other method whereby directly or indirectly any employer is given the
benefit of, or obtains a rate lower than that approved by the industrial
commission is hereby prohibited. Any insurance carrier or any em
ployer or any officer, agent, or employee of either, violating any of the
provisions of this section shall be deemed guilty of a misdemeanor and
may be punished by a fine of not more than $500 or imprisonment for a
period not longer than thirty days, or both such fine ana imprisonment.
S ec . 25. Every contract insuring against liability for compensation direct liability,
or insurance policy evidencing the same, must contain a clause to the
effect that the insurance carrier shall be directly and primarily liable
to the employee, and in the event of his death, to his dependents, to
pay compensation, if any, for which the employer is liable, thereby
discharging to the extent of such payment the obligations of the em
ployer to the employee; that, as between the employee and the insur
ance carrier, the notice to or knowledge of the occurrence of the injury
v
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 act, be jurisdiction of
the insurance carrier, and that the insurance carrier shall in all things
be bound by and subject to the orders, findings, decisions, or awards
rendered against the employer under the provisions of this act.
Such policy must also provide that the employee shall have a first Award a lien,
lien upon any amount which shall become owing to the employer from
the insurance carrier, and the said insurance carrier may and shall pay
the same directly to the said employee or his dependents, thereby dis
charging to the extent of such payment the obligation of the employer
to the employee, and such policy shall not contain any provisions
relieving the insurance carrier from payment when the employer
becomes legally incapable, insolvent, or is discharged in bankruptcy,
or otherwise, during the period that the policy is in operation or the
compensation remains owing.
S ec . 26. If any insurance carrier intentionally, knowingly, or will- Violations,
fully violates any of the provisions of this act, the insurance commis
sioner, on the request of the industrial commission, shall suspend or
revoke the license or authority of such carrier to do a compensation
business in this State.

348

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law s

OF THE UNITED STATES.

Failure to in- Sec. 27. In any case where the employer is subject to the provisions
sure*
of this act by election or by nonrejection, and at the time of an injury
has not complied with the insurance provisions of this act, or has
allowed his insurance to terminate or has not effected a renewal thereof,
the employee, if injured, or if killed, his dependents, if such employee
has not rejected this act as herein provided, may claim the compen
sation and benefits provided in this act, and in any such case the
amounts of compensation or benefits provided in this act shall be
increased fifty per cent.
Access to books. Sec. 28. Any insurance carrier operating under the terms and pro
visions of the workmen’s compensation act shall have the right to
apply to the industrial commission for permission to examine any of
the books, pay rolls, or other documents of any employer insured by
such carrier, or of any contractor, subcontractor, lessee, sublessee,
person, or persons, covered by the employer’s compensation insurance
to determine the amount of wage expenditure of such employer, or of
any contractor, subcontractor, lessee, sublessee, person, or persons
during any period that such employer, or contractor, subcontractor,
lessee, sublessee, person, or persons was insured by such insurance
carrier, and the commission may grant such carrier authority in writing
to make such investigation, or may appoint any of its agents to conduct
such investigation.
Self-insurance. Sec. 29. The commission in its discretion may grant to any em
ployer, who has accepted the provisions of this act, permission to be
its own insurance carrier for the payment of the compensation and
benefits herein provided. Such permission may be granted by the
commission after the filing by such employer of such statement or
statements and the giving of such information as may be required by the
commission. The commission shall have the sole power to prescribe
the rules, regulations, orders, terms, and conditions upon which said
permit shall be granted or continued. Such permission for self-insur
ance may be revoked at any time by the commission and such employer
shall upon notice of revocation immediately insure otherwise nis
liability.
Injuries to be Sec. 30. Every employer shall keep a record of all injuries, fatal or
reported.
otherwise, received by nis employees in the course of their employ
ment. Within 10 days after the occurrence of an accident resulting
in personal injury a report thereof shall be made, in writing by the
employer to tne commission, upon forms prescribed by the commis
sion for that purpose. Such report shall contain such information as
shall be required by the commission.
Notice to emSec. 31. Every employee who sustains an injury shall notify his
ployer,
employer of said injury within two days of its occurrence, unless said
employee shall be physically or mentally unable to do so, or unless his
employer or his foreman, superintendent, manager, or other person in
charge shall have actual notice of said injury. If said employee shall
fail to report said injury, he shall lose one day’s compensation for each
day’s failure to so report: Provided, however, That if anyone shall report
the said accident for said injured employee within the time above speci
fied to his employer, then the injured employee shall be relieved
from reporting the accident as provided above.
Employers to
Sec. 32. Every employer shall furnish the commission, upon request,
famish informa- all information required by it, to accomplish the purposes of this act,
on*
which information shall be for the confidential use of said commission,
unless otherwise ordered by it, and shall not be open to the public nor
used in any court, or any action or proceeding pending therein, unless
the commission is a party to such action or proceeding.
Same.
Sec. 33. Every ^employer receiving from the commission any
blanks with directions to fill ont the same or requests for information re
quired for the purposes of this act shall properly fill out said blanks
and furnish said information so requested fully and correctlv. The
commission may require that any information requested by it be veri
fied under oath and may fix the time within which said information
shall be returned to it.
Inspection of Sec. 34. The commission, or any of its agents, may enter into any
plant.
place of employment for the purpose of collecting facts and statistics,
examining the provisions made for the health, protection, and safety of

TEXT OF LAWS— COLORADO.

349

the employees, and bringing to the attention of every employer any rule,
order, or requirement of the commission, or any law, or any failure on
the part of any employer to comply therewith.
Sec. 35, All books, records, and pay rolls of employers, or of any B o o k s to be
contractor, subcontractor, lessee, sublessee, person or persons, showing open.
or reflecting in any way upon the amount of wage expenditure of such
employers, contractor, subcontractor, lessee, sublessee, person or per
sons, and all other facts, data, and statistics appertaining to the pur
poses of this act, shall always be open for inspection by the commission,
or any of its agents, for the purpose of ascertaining the correctness of
the reported wage expenditure, number of men employed, and such
other information as may be necessary for the uses and purposes of the
commission in its administration of this act.
Sec. 36. In case any person fails or refuses to comply with any order Refusing in
of the commission or obey any subpoena issued by it or its agents or to spection.
furnish the statistics, data, and information required to be furnished to
the commission by the provisions of this act, or refuse to permit an
inspection as provided in this act, or being in attendance refuses to be
sworn or examined or answer a question or produce a book or paper
when ordered so to do by the commission or any of its deputies, agents,
or referees, the commission may apply to the district court upon proof
by affidavit of the facts for an order returnable in not less than three
days nor more than five days directing such person to show cause be
fore the district court which made the order why he should not be
committed to jail. Upon the return of such order the district court
shall examine under oath such person and give him an opportunity to
be heard, and if the court determine that he has refused without legal
excuse in any one of the foregoing matters, it may forthwith by warrant
commit the offender to jail, there to remain until he submits to do the
the act which he was required to do or until he is discharged according
to law.
Sec. 37. All expenses incurred by the commission pursuant to the E x p e n s e s of
provisions of this act shall be paid from funds appropriated for the use commission.
of the commission upon claims therefor, itemized and sworn to, made
by the person who incurred the same, which shall be allowed by the
commission subject to the approval of the State auditing board: Pro
vided, That the traveling expenses of any member or members of the
commission or of any employee or employees thereof incurred while
on business of the commission outside the State of Colorado shall be
paid in the manner aforesaid, but only when such expenses are in
advance authorized to be incurred by the commission and by the
State auditing board.
Sec. 38. All orders of the commission shall be valid and in force, Orders.
and prima facie reasonable and lawful until they are found otherwise
in an action brought for that purpose, pursuant to the provisions of
this act, or until altered or revoked by the commission.
Sec. 39. A substantial compliance with the requirements of this Compliance.
act shall be sufficient to give effect to the orders or awards of the com
mission, and they shall not be declared inoperative, illegal, or void
for any omission of a technical nature in respect thereto.
Sec . 40. For the purpose of making any investigation or conducting Agents.
any hearing with regard to any matter or matters contemplated by
the provisions of this act, the commission shall have power to appoint,
by an order in writing, any competent person as an agent or referee
whose duties shall be prescribed in such order.
(a) In the discharge of his duties such agent or referee shall have
every power whatsoever for obtaining information granted in this act
to the commission and all powers granted by law to officers authorized
to take depositions are hereby granted to such agent.
(b) The commission may conduct any number of such investiga
tions contemporaneously through different agents or referees and may
delegate to such agents the subpoenaing and swearing of witnesses,
and the taking of all testimony bearing upon any investigation or
hearing. The decision of the commission shall be based upon its
examination of all testimony and records. The recommendations
made by such agents or referees shall not preclude any further inves
tigation or the taking of further testimony, if the commission so order.

350

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

la w s of t h e

u n it e d

states.

S ec. 4 1 . The commission shall have power to adopt reasonable and
proper rules and regulations relative to the exercise of its powers and
authorities and proper rules to govern its proceedings and to regulate
the mode and manner of investigations and hearings,, and to alter and
amend said rules from time to time in its discretion; such rules and
regulations, amendments and alterations shall be effective 10 days
after same are adopted and posted. A copy of such rules and regu
lations shall be delivered to ever^r person making application therefor,
and to every insurance carrier doing business in this State by mailing
a copy thereof to such insurance carrier at the address within this
State as furnished the commission by such insurance carrier.
Actuary.
S ec . 42. The commission may employ and maintain in the depart
ment a compensation actuary who shall be experienced and skilled
and fully competent to perform the duties of the position and who
shall assist in or take charge of the practical operation of the State
compensation insurance fund under the general direction of the com
mission. The actuary shall receive such salary as may be agreed upon
by the commission.
Employees.
S ec . 43. The commission shall have power to employ during their
pleasure such deputies, experts, statisticians, accountants, actuaries,
inspectors, clerks, and other employees as they may deem necessary
to carry out the provisions of this act or to perform the duties and
exercise the powers conferred by law upon the commission. Such
deputies, statisticians, accountants, inspectors, clerks, and all other
employees, except experts and actuaries in the employ of the com
mission, shall have been for two years prior to such employment or
appointment bona fide residents of the State of Colorado, and each
and all of them, except only the experts, shall, while in the employ
of the commission, devote their entire time to the service of the com
mission.
Salaries.
S ec . 44. All deputies, statisticians, accountants, actuaries, clerks,
experts, and all other employees of the commission shall receive such
compensation as may be fixed by law or by the commission, and their
salaries so fixed, as aforesaid shall be paid monthly from the funds
appropriated for the use of the commission, after being approved by
the commission.
Duty of era- Sec. 45. It shall be the duty of all officers and employees of the
ployees.
State, counties, and municipalities, upon the request of the commis
sion to enforce in their respective departments all lawful orders of
the commission in so far as the same may be applicable and con
sistent with the general duties of such officers and employees, and it
shall also be their duty to make to the commission such reports as it
may require concerning matters within their knowledge appertaining
to the purposes of this act, and to furnish to it such facts, data, statistics,,
and information as may from time to time come to them appertaining
to the purposes of this act, and the duties of the commission there
under, and particularly all information coming to their knowledge
respecting the condition of all places of employment subject to the
provisions of this act, as regards the health, protection, and safety of
employees, and the hazard and risk of such places of employment.
Bonds.
S ec . 46. Such employees of the commission as shall be directed by
the commission shall furnish surety company bonds in such sum as
may be fixed by the commission, the premiums therefor to be paid as
other expenses of the commission are paid.
Computation of
S ec . 47. The average weekly wage of the injured employee shall
wages.
ke taken as
basis upon which to compute benefits and shall be de
termined as follows:
(a)
Whenever the term “ wages ” is used it shall be construed to mean
the money rate at which the services rendered are recompensed under
the contract of hire in force at the time of the accident, either express or
implied, and shall not include gratuities received from employers or
others, nor shall it include the amounts deducted by the employer under
the contract of hire for material, supplies, tools, and other things fur
nished and paid for by the employer and necessary for the performance
of such contract by the employee; but the term “ wages” shall include
the reasonable value of board, rent, housing, lodging, or any other similar
advantages received from the employer, the reasonable value of which
Regulations.

TEXT OF LAWS---- COLORADO.

351

shall he fixed and determined from the facts by the commission in each
particular case.
(b) The total amount earned by the injured or killed employee in
the six months preceding the accident shall be computed, which sum
shall be divided by* 26, and the result thus ascertained ^ a llb e consid
ered as the average weekly wage of said injured or deceased employee,
for the purpose of computing the benefits provided by this act, except
as hereinafter provided.
(c) Provided further, however, That in any case where the foregoing
method of computing the average weekly wage of the employee by rea
son of the nature of the employment or the fact that the injured em
ployee has not worked a sufficient length of time to enable his earnings
to be fairly computed thereunder or has been ill or in business for him
self, or where for any other reason said methods will not fairly compute
the average weekly wage, the commission may in each particular case
compute the average weekly wage of said employee by taking the daily
earnings at the time of the accident or compute it in such other manner
and by such other method as will in the opinion of the commission,
based upon the facts presented, fairly determine such employee’s aver
age weekly wage.
(d) Where an employee is a minor the average weekly wage of such Minors,
minor shall be determined by this commission on the basis of the earn
ings that such minor, if not disabled or killed, would probably have
earned during the period for which compensation is granted.
S e c . 48. The fact that an employee has suffered a previous disability . Second
injuor received compensation therefor, shall not preclude compensation for rieSa later injury or for death; but in determining compensation for the later
injury or death his average weekly earnings shall be such sum as will
reasonably represent his average weekly earning capacity at the time of
the latter injury and shall be arrived at according to and subject to
the limitations in the foregoing sections.
S e c . 49. Any person, company, or corporation operating or engaged in
C o n tr a c to r s
or conducting any business by leasing or contracting out any part or all and lessees*
of the work thereof to any lessee, sublessee, contractor or subcontractor,
shall irrespective of the number of employees engaged in such work, be
construed to be and be an employer as defined in this act,and shall be
liable as provided in this act to pay compensation for injury or death
resulting therefrom to said lessee, sublessees, contractors and subcon
tractors and their employees; and such employer as in this section defined
shall, before commencing said work, insure and shall keep insured his
liability as herein provided, and such lessee, sublessee, contractoror sub
contractor, as well as any employee of such lessee, sublessee, contractor
or subcontractor, shall each and all of them be deemed employees as
defined in this act. Such employer shall be entitled to recover the cost
of such insurance from said lessee, sublessee, contractor or subcontractor,
and may withhold and deduct the same from the contract price or any
royalties or other money due, owing or to become due said lessee, sub
lessee, contractor or subcontractor: Provided, however, That if said lessee
or sublessee, contractor or subcontractor doing any work as in this section
provided shall himself be an employer as defined in this act in the doing
of such work, and shall, before commencing said work, insure and shall
keep insured his liability for compensation as herein provided, then, and
in that case, such person, company, or corporation operating, engaged
in, or conducting said business shall not be subject to the provisions of
this section.
Sec. 50. Every person, company, or corporation that owns any real Owners of real
property or improvements thereon and that contracts out any work proper y*
done on and to said property to any contractor, subcontractor, per
son or persons, who shall hire or use four or more employees or workmen
(including himself if working thereon) in the doing of such work, shall
be deemed to be an employer under the terms of this act, and every such
contractor or subcontractor, person or persons, as well as his or their em
ployees shall each and all of them be deemed to be employees as de
fined in this act, and such employer shall be liable as provided in this
act to pay compensation for injury or death resulting therefrom to said
contractor and subcontractor and their employees, and shall before com
mencing said work insure and shall keep insured his liability as herein

352

W O R K M E N ’ S COMPENSATION LAWS OF THE UNITED STATES.

provided. Such employer shall be entitled to recover the cost of such
insurance from said contractor, subcontractor, person or persons, and may
withhold and deduct the same from the contract price or any royalties
or other money due, owing, or to become due said contractor or subcon
tractor, person or persons: Provided, however, That if said contractor,
subcontractor, person or persons doing or undertaking to do any work
for an owner of property as above provided shall himself be an em
ployer as defined in this act, and shall, before commencing said work,
insure and shall keep insured his liability for compensation as herein
provided, then, and in that case, said owner of said property shall not be
subject to the provisions of this section.
Medical, surgiS e c . 51. Every employer regardless of his method of insurance shall
cal and hospital
su c h medical, surgical, nursing and hospital treatment, medical
hospital and surgical supplies, crutches and apparatus, as may reason
ably be needed at the time of the injury and thereafter during the dis
ability, but not exceeding sixty days from the date of the accident and
$200 in value to cure and relieve from the effects of the injury^ Provided, however, That every employer subject to the terms and provisions
of this act must insure his liability for the medical, surgical, and hospital
expenses herein provided for, unless permission is given by the indus
trial commission to such employer to operate under a medical plan as
hereinafter set forth.
Every plan which is in force at the time of the adoption of this act,
or which is hereafter agreed to between employer and employee, for
the furnishing of medical, surgical, and hospital treatment whether the
employee is to pay any part of the expense of such treatment or not
shall before being put into effect, receive the approval of the industrial
commission, which shall have full power and authority to formulate the
terms and conditions under which any such plan may operate and the
essentials thereof, and it may at any time order modifications or changes
in any said plan or withdraw its approval thereof: Provided, however,
That no plan shall be approved by the commission which relieves the
employer from the burden of assuming and paying for any part of the
medical, surgical, and hospital services and supplies hereinabove
required.
The commission shall have the power to establish a schedule fixing
the fees for which all medical, surgical, and hospital treatment rendered
to employees under this section shall be compensated.
Dependents.
S e c . 52. For the purposes of this act the following described persons
shall be conclusively presumed to be wholly dependent:
(а) Wife, unless it be shown that she was voluntarily separated and
living apart from the husband at the time of his injury or death and was
not dependent in whole or in part on him for support.
(б) Minor children of the deceased under the age of eighteen years.
The term 4‘ minor child ” shall include posthumous children or a child
legally adopted prior to the injury.
Same.
g EC# 53 ^ Children eighteen years of age or over, husband, mother,
father, grandmother, grandfather, sister, or brother, who were wholly
or partially supported by the deceased employee at the time of his
death and for a reasonable period of time immediately prior thereto,
shall be considered his actual dependents. If such dependents be a
son eighteen years of age or over, a husband, father, grandfather, or
brother to be entitled to compensation, they must prove that they were
incapable of or actually disabled from earning their own living during
the said time: Provided, hovjever, If said incapacity or disability is
temporary only, compensation shall be paid only during the period of
such temporary incapacity or disability.
. Benefits
for
g EC< 54 . i n case 0f death, the dependents of deceased entitled thereto
ea *
shall receive as compensation or death benefits 50 per cent of the de
ceased employee’s average weekly wages not to exceed a maximum of
$10 per week and not less than a minimum of $5 per week, for a
period not to exceed six years from the date of the death of the
injured employee, less any sums paid to the employee prior to his
death as compensation for his disability as in this act provided.
Remarriage.
g EC 55 j n ^he case of remarriage of the husband or wife of a deceased
employee without children he or she shall receive at the time of mar
riage, a lump sum settlement without commutation equal to one-half of

TEXT OF LAWS— COLORADO.

353

the amount of compensation then remaining unpaid: Provided, how
ever, That if such husband or wife has had a lump sum or lump sums
granted to him or her during a six months period immediately preced
ing said remarriage, the lump sum settlement shall be determined by
following basis:
The commission shall determine the amount of compensation which
would have been unpaid at the date of remarriage under the terms of
the award if a lump sum or lump sums had not been granted within said
six months period. From one-half of said sum the commission shall then
deduct the actual amount paid to such husband or wife on all lump sums
granted during said six months period and the balance of said one-half,
if any, shall be paid to said husband or wife at the time of remarriage
without commutation.
In case of remarriage of husband or wife of a deceased employee,
who has a dependent child or children, the entire unpaid balance of
compensation shall be paid such child or children.
Sec. 56. Partial dependents shall be entitled to receive only that Partial dependportion of the benefits provided for those wholly dependent which the
s’
average amount of the wages regularly contributed by the deceased to
such partial dependents at and for a reasonable time immediately prior
to the injury bore to the total income of the dependents during the
same time. The commission shall have the power and discretion to
determine the proper elements to be considered as income of said de
pendents in each particular case. Where there are persons both wholly
dependent and partially dependent, only those wholly dependent
shall be entitled to compensation.
S ec. 57. The question as to who constitute dependents and the ex- Current status,
tent of their dependency shall be determined as of the date of the accident to the injured employee, and the right to death benefit shall be
come fixed as of said date irrespective of any subsequent change in con
ditions, and such death benefit shall be directly payable to the dependent
or dependents entitled thereto or to their legal representatives.
S e c . 58. When the right to a death benefit shall become fixed it shall Lapse of benecease, lapse, or terminate upon the happening of any of the following
'
contingencies:
(a) Upon marriage, with the exception as to lump-sum settlement,
as herein provided.
( b) Upon the death of any dependent: Provided , however, That in
any case where the share of any dependent shall cease, lapse, or termi
nate it shall survive to the remaining dependents.
(c) When a son of the deceased reaches the age of 18 years, except as
otherwise provided in section 53 hereof.
Sec. 59. When as a proximate result of an accident death occurs to Funeral cxan injured employee, there shall be paid in one lump sum within 30 Penses>etcdays after his death the sum of $75, for his reasonable funeral and burial
expenses. Said sum may be paid to the undertaker, or to any other
person who may have paid the undertaker, if the commission so orders.
If the employee leaves no dependents compensation shall be limited to
said sum, and the compensation, if any, which has accrued to date of
death, and the medical, surgical, and hospital expenses herein provided.
If the deceased employee leaves dependents said sum shall be paid in
addition to all other sums of compensation herein provided for.
S e c . 60. No dependent of an injured employee shall be deemed, Bights distinct,
during the life of the employee, a party in interest to any proceeding by
him for the enforcement of any claim for compensation nor as respect3
any settlement thereof by said employee.
Sec. 61. Illegitimate minor children of deceased putative father Illegitimate
shall be entitled to compensation in the same respect as a legitimate clulclrenminor child of said decedent, when it is proved to the satisfaction of the
commission that the father has, during his lifetime, acknowledged said
child or children to be his and has regularly contributed to its or their
support and maintenance for a reasonable period of time prior to his
death.
Sec. 62. In case death occurs more than two years after the date of t Deathafter two
receiving of any injury such death shall be prima facie presumed not ^earsto be due to such injury.
177982°—21—Bull. 272----- 23

354

W O RK M E N 'S COMPENSATION LAWS OF THE UNITED STATES,

Death withio
gEC> {33. j n case death proximately results from the injury within a
two years.
period of two years, the benefits shall be in the amounts and to the

persons following:
(а) If there be no dependents compensation shall be limited to the
expenses provided for medical, hospital, and funeral of deceased, to
gether with such sums as may have accrued or been paid to deceased
during; his lifetime for disability.
( б) If there are wholly dependent persons at the time of death the
payment shall be 50 per cent of the average weekly wages, subject to the
limitations of this act as to maximum and minimum weekly amount,
and to continue for the remainder of the period from the date of the
death and not to exceed six years after the date of injury and not to
amount to more than a maximum of $3,125, less the sums, if any, paid
to deceased during his lifetime.
(r) If there are partly dependent persons at the time of the death,
the payment shall be not to exceed 50 per cent of the average
weekly wages subject to the limitations of the minimum and maximum
weekly amount and to continue for such portion of six years after the
date of the injury as shall be required to pay at the said weekly rate,
the total amount awarded by the commission to be paid to such partial
dependent or partial dependents.
Death
from S kc . 6-1. If death occurs to an injured employee other than as a proxothercause.
imate result of accident before disability indemnity ceases, and the
deceased leaves a person or persons wholly dependent upon him for
support, death benefits shall be as follows:
(a) Where the accident proximately caused permanent total disabil
ity, the death benefit shall consist of the unpaid and unaccrued portion
of the permanent total disability benefit which the employee would
have received had he lived until he had received the sum of $3,125.
( b) Where the accident proximately caused permanent partial

Same.

disability, the death benefit shall consist of the unpaid and unaccrued
portion of the permanent partial disability benefit which the employee
would have received had he lived.

gEC> @5 . if death occurs to an injured employee other than a3 a
proximate result of the accident before disability indemnity ceases,
and the deceased leaves a person or persons partially dependent upon
him for support, death benefits shall be as follows:
(a) Where the accident proximately caused permanent total dis
ability, the death benefit shall consist of that proportion of the unpaid
and unaccrued portion of the permanent total disability benefit which
the employee would have received had he lived until he had received
the sum of $3,125 as the amount devoted by the deceased for the sup
port of such person or persons for the year immediately prior to the
accident bears to the total income of the person or persons during said
year.

(b) Where the accident caused permanent partial disability the
death benefit shall consist of that proportion of the unpaid and un
accrued portion of the permanent partial disability benefit which the
employee would have received if he had lived, as the amount devoted
by the deceased to the support of such person or persons for the year
immediately prior to the accident bears to the total income of the person
or persons during said year.
N on residen t
Sec. 66. Death benefits under the provisions of this act to dependahens.
ents who are nonresidents of the United States at the time of the death
of the injured employee shall be one-third of the amount or amounts
provided herein: Provided , That, in no event, shall death benefits to
dependents who are nonresidents of the United States exceed the
aggregate sum of $1,041.66.
Mode of pay- S ec . 67. Death benefits shall be paid to such one or more of the
131
dependents of the decedent for the benefit of all the dependents
entitled to such compensation as may be determined by the commis
sion who may apportion the benefits among such dependents in such
manner as it may deem just and equitable. Payment to a dependent
subsequent in right may be made, if the commission deems it proper,
which payment shall operate to discharge all other claims therefor.
The dependents or persons to whom benefits are paid shall apply the
same to the use of the several beneficiaries thereof, according to their

TEXT OF LAW S---- COLORADO.

355

respective claims upon the decedent for support in compliance with
the finding and direction of the commission.
S e c . 68. In all cases of death where the dependents are one or Tf minor chiimore minor children, it shall be sufficient for the widow or a friend to
n>
make application and claim on behalf of said minor children. The
commission, for th 6 purpose of protecting the rights and interests of
any dependent whom it may deem incapable of fully protecting his or
her own interests, may provide for the manner and method of safe
guarding the payments due such dependent or dependents in such
manner as it may see fit.
S ec . 69. Payment of death benefits to one or more d e p e n d e n t s p ^ym ent as
shall protect and discharge to that extent all compensation under
g0,
this act, unless and until any other person claiming to be a dependent
shall have given the commission notice of his claim and until the
commission shall have notified the employer or his insurance carrier
of such claim. In such case the commission shall determine the re
spective rights of the said rival claimants, and thereafter such death
benefits shall be paid to such dependents as it may find so entitled,
under the provisions of this act.
S e c . 70. If the accident causes disability, a disability indemnity Disability beneshall be payable as wages, upon the 18th day after the injured employee
leaves work as the result of the injury and thereafter regularly but not
less frequently than once in each calendar month, unless otherwise
ordered by the commission, subject, however, to the following limita
tions:
(a) If the period of disability does not last longer than 10 days
from the day the employee leaves work as the result of the injury, no
disability indemnity whatever shall be recoverable except the dis
bursement in this act provided for medical, surgical, nursing, and
hospital services, apparatus and supplies; nor in any case unless the
commission has actual knowledge of the injury or is notified thereof
within the period specified in this act.
(b) If the period of disability lasts longer than 10 days from the
day the injured employee leaves work as the result of the injury no
disability indemnity shall be recoverable for the first 10 days of
disability.
Sec. 71. In case of temporary disability of more than 10 days Temporary disduration, the employee shall receive 50 per cent of his average
y*
weekly wages so long aa such disability is total not to exceed a maxi
mum of $10 per week and not less than a minimum of $5 per week
unless the employee’s wages shall be less than $5 per week, in which
event he shall receive compensation equal to his average weekly wages.
S ec. 72. In case of injury resulting in temporary partial disability, ,. Temporaryparthe employee shall receive 50 per cent of the impairment of his earning
disability,
capacity during the continuance thereof, not to exceed the maximum
sum of $10 per week, or the aggregate sum of $1,300.
S ec. 73. In cases included in the following schedule the disability Schedule,
in each case shall be deemed to continue for the period specified and
the compensation to be paid for such loss shall be as specified herein,
to wit:
The loss of one arm between elbow and shoulder, 208 weeks; the
loss of forearm between wrist and elbow, 139 weeks; the loss of a hand,
104 weeks; the loss of a palm, where thumb remains, 70 weeks; the loss
of a thumb and the metacarpal bone thereof, 50 weeks; the loss of a
thumb at the proximal joint, 35 weeks; the loss of a thumb the second
or distal joint, 18 weeks; the loss of an index finger and the metacarpal
bone thereof, 26 weeks; loss of an index finger at the proximal joint,
18 weeks; loss of an index finger at the second joint, 13 weeks; loss of an
index finger at the distal joint, d weeks; loss of a second finger and the
metacarpal bone thereof, 18 weeks; loss of a middle finger at the proxi
mal joint, 13 weeks; loss of the middle finger at the second joint,
9 weeks; loss of the middle finger at the distal joint, 5 weeks; loss of a
third or ring finger and the metacarpal bone thereof, 11 weeks; loss of
a ring finger at the proximal joint, 7 weeks; loss of a ring finger at the
second joint, 7 weeks; loss of a ring finger at the distal joint, 4 weeks;
loss of a little finger and the metacarpal Lone thereof, 13 weeks; loss of
a little finger at the proximal joint, 9 weeks; loss of a little finger at the

356

w o r k m e n 's c o m p e n s a t i o n

LAW S

TH E UNITED STATES.

second joint, 9 weeks; loss of a little finger at the distal joint, 4 weeks;
loss of all the fingers of one hand where the thumb and palm remains,
52 weeks; loss of a leg at the hip joint or so near thereto as to preclude
the use of an artificial limb, 208 weeks; the loss of a leg at or above the
knee, where the stump remains sufficient to permit the use of an arti
ficial limb, 139 weeks; the loss of a foot at the ankle, 104 weeks; the
loss of a great toe with the metatarsal bone thereof, 26 weeks; the loss
of a great toe at the proximal joint, 18 weeks; the loss of a great toe at
the second joint, 9 weeks; the loss of any other toe with the metatarsal
bone thereof, 11 weeks; the loss of any other toe at the proximal joint,
4 weeks; the loss of any other toe at the second or distal joint, 4 weeks;
the loss of all the toes of one foot, 35 weeks; the loss of an eye by enu
cleation (including disfigurement resulting therefrom), 139 weeks;
total blindness of one eye, 104 weeks; total deafness of both ears, 139
weeks; total deafness of one ear, 35 weeks; where workman prior to
injury has suffered a total loss of hearing in one ear and as a result of the
accident loses total hearing in remaining ear, 139 weeks.
(a) The periods of time specified in the foregoing schedule shall
commence to run from the date of actual loss of any member or members.
(b) For the purpose of this schedule, permanent and complete
paralysis of any member as the proximate result of accidental injury
shall be deemed equivalent to the loss thereof.
(c) Whenever amputation is made between any two joints men
tioned in this schedule (except amputation between the knee and hip
joint) the resulting loss shall be estimated as if the amputation had
been made at the joint nearest thereto.
(d) The amounts specified in this section are all subject to the limi
tations as to weekly maximum and minimum indemnity provided
herein for injuries causing temporary total disability.
(e) When by reason of infection or any other cause resulting from
such injury, which is not due to the neglect or misconduct of the
injured employee, he is actually disabled longer than the time specified
in the foregoing schedule, compensation may be awarded by the com
mission for the period of additional disability within the limits other
wise provided in this act.
(/) When an injured employee sustains two injuries coming under
this schedule, the disabilities specified herein shall be added and the
injured employee shall receive the sum of the two.
(g)
Where an injury causes the loss of use or partial loss of use of any
member or members specified in the foregoing schedule, the com
mission may determine the disability suffered and the amount of
compensation to be awarded, by awarding compensation which shall
bear such relation to the amount stated in the above schedule for the
loss of a member or members as the disabilities bear to the loss produced
by the injuries named in the schedule, or the commission may award
compensation under the permanent partial disability section of this
statute as the commission in its discretion may determine from the
particular facts in each case.
Injury to teeth.
S ec . 74. When an accident causes injury to the teeth of an employee,
he shall, in addition to receiving compensation for disability and the
medical, surgical, and hospital services provided herein, be entitled
with the prior approval and consent of the commission to receive such
dental treatment and services as may reasonably be necessary to re
pair and alleviate the effects of the injury, not to exceed $100 in value.
Disfigurements.
S ec . 75. If any employee is seriously permanently disfigured about
the head or face, the commission may allow, in addition to all other
compensation benefits provided herein, such sum for compensation on
account thereof as it may deem just, not exceeding $500.
Second injuries.
S ec . 76. Where an employee has previously suffered the loss of one
hand or one arm or one foot or one leg or the vision of one eye, and, as
a result of an accident arising out of and in the course of his employ
ment, he suffers the loss of another hand, arm, foot, leg, or the vision
of an eye, he shall be compensated as follows:
If the employee has previously lost vision of one eye and loses the
vision of the remaining eye, he shall receive compensation for 312
weeks.

TEXT OF LAW S— COLORADO.

357

If the employee previously lost the vision of one eye and loses a
hand, arm, foot, or leg, he shall he compensated by receiving the sched
ule number of weeks for the loss of such member plus 50 per cent.
If the employee has previously lost the right hand and loses the left
hand or arm or vice versa, he shall receive the schedule number of
weeks for the loss of such member, plus 50 per cent.
If the employee has previously lost the right arm and loses the left
hand or arm, or vice versa, he shall receive twice the number of sched
uled weeks for the loss of such member.
If the employee has previously lost a hand or arm and loses one foot
or leg or the vision of one eye, he shall receive as compensation the
scheduled number of weeks for the loss of such member or loss of
vision, plus 50 per cent.
If the employee has previously lost the right foot and loses the left
leg or foot, or vice versa, he shall receive the scheduled number of
weeks for the loss of such member, plus 25 per cent.
If the employee has previously lost the right leg and loses the left
leg or foot, or vice versa, he shall receive the scheduled number of
weeks for the loss of such member, plus 50 per cent.
If the employee has previously lost one leg or foot and loses one hand
or arm or the vision of one eye, he shall receive compensation for the
scheduled number of weeks for the loss of such member or loss of
vision, plus 50 per cent.
Compensation awarded in this section is subject to the maximum
and minimum weekly amounts herein specified for accidents causing
temporary total disability.
S e c . 77. In cases of permanent total disability the award shall be Permanent to50 per cent of the average weekly wages of the injured employee and tal disability,
shall continue until death of such person so totally disabled, but not
in excess of the weekly maximum and not less than the weekly mini
mum indemnity specified herein for injuries causing temporary total
disability.
The loss of both hands or both arms or both feet or both legs or both
eyes, or of any two thereof, shall prim a facie constitute total and per
manent disability to be compensated according to the provisions of this
section: Provided, however, That where the disability comes under this
section and where the employer or the#commission obtains suitable
employment for such disabled person which he can perform and which
in all cases shall be subject to the sole approval of the commission, the
disabilities set out in this paragraph shall not constitute total disa
bility during the continuance of the commission’s approval of said
employment, but such partial disability as may be determined by the
commission after a finding of the facts.
S e c. 78. Where an accident causes injury resulting in permanent I nj uries n°t
partial disability (except the sustaining of any one of the specific injuries set forth in the schedule herein), the injured employee shall be
deemed to be permanently partially disabled from the time he is so
declared by the commission and from said time shall be entitled to
compensation for permanent partial disability in addition to any com
pensation theretofore allowed. In determining permanent partial dis
ability the commission shall ascertain in terms of percentage the extent
of general permanent disability which the accident has caused, taking
into consideration not only the general physical condition but the
mental training, ability, former employment, and education of the in
jured employee. The commission shall then determine the injured
employee’s expectancy of life from recognized expectancy tables and
such other evidence relating to his expectancy as may be presented;
it shall then ascertain the total amount which said employee would
receive during the balance of his expectancy if permanently totally
disabled at not more than the maximum nor less than the minimum
weekly indemnity specified in this act for temporary total disability
and shall then take that percentage of the total sum so arrived at as is
indicated by the percentage of general permanent disability found to
exist in the manner as hereinabove set forth, not to exceed in any
event, however, the aggregate sum of $2,600. Said sum to be paid at a
weekly rate not more than the maximum nor less than the minimum
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S ec . 79. Where an injured employee sustains a loss set forth in the
schedule herein, but in addition thereto receives other injuries which
are sufficient in their nature to alone cause temporary total disability,
said employee shall receive in addition to the amounts specified m
said schedule, compensation for temporary total disability as long as
said disability may be found to exist as a result of said other injuries.
Hemia.
S e c . 80. An employee in order to be entitled to compensation for
hernia must clearly prove—first, that its appearance was accompanied
by pain; second, that it was immediately preceded by some acci
dental strain suffered^ in the course of the employment. If an
employee, after establishing his right to compensation for hemia as
above provided, elected to be operated upon, a special operating fee
of not to exceed $50 shall be paid by the employer, insurer, or com
mission as the case may be. In case the employee elects not to'be
operated upon and the hemia becomes strangulated in the future the
results from such strangulation will not be compensated.
Medical examiS ec . 81. Whenever, in case of injury, the right to compensation
nations.
under this act would exist in favor of an employee, he shall upon the
written request of his employer, or the insurer carrying such risk, sub
mit himself from time to time to examination by a physician or
surgeon, who shall be provided and paid for by the employer or
insurer, and shall likewise submit to examination from time to time
by any regular physician selected and paid for by said commission, or
a member or examiner thereof. The employee shall be entitled to have
a physician provided and paid for by himself present at any such
examination. So long as the employee, after such written request
of the employer or insurer, shall refuse to submit himself to such
examination, or shall in any way obstruct the same, his right to collect
or to begin or to maintain any proceeding for the collection of com
pensation shall be suspended; and if he shall refuse to submit to such
examination, after direction by the commission, or any member or
examiner thereof, or shall, in any way obstruct the same, his right to
weekly indemnity which shall accrue and become payable during the
period of such refusal or obstruction, shall be barred. If any employee
shall persist in any unsanitary or injurious practice which tends to
imperil or retard his recovery or shall refuse to submit to such medical
or surgical treatment as is reasonably essential to promote his recovery,
the commission may, in its discretion, reduce or suspend the compen
sation of any such injured employee. Any physician who shall make
or be present at any such examination may be required to testify as
to the results thereof. Any physician having attended an employee
in a professional capacity may be required to testify before the com
mission when it shall so direct. A physician will not be required,
however, to disclose confidential communications imparted to him for
the purpose of treatment and which are unnecessary to a proper under
standing of the case. In all cases of injury the employer or insurer, as
the case may be, shall have the right in the first instance to select the
physician who shall attend said injured employee: Provided, however.
That if the services of a physician are not tendered at the time of injury,
the employee shall have the right to select his own physician, and
may upon the proper showing to the commission procure its permis
sion at any time to have a physician of his own selection attend him,
and in any nonsurgical case the employee with such permission in
lieu of medical aid may procure any nonmedical treatment recog
nized by the laws of this State as legal, the practitioner administering
such treatment to receive such fees therefor under the medical pro
visions of this act as may be fixed by the commission.
Lump sums.
S e c . 82. At any time after six months have elapsed from the date
of the injury the commission may, in the exercise of its discretion,
after five days’ prior notice to the parties, order payment of all or any
part of the compensation awarded in a lump sum, or in such manner
as it may determine to be for the best interests of the parties concerned,
and its discretion so exercised shall be final and not subject to review.
When payment in a lump sum is ordered, the commission shall fix the
amount to be paid based on the present worth of partial payments,
considering interest at 4 per cent per annum, and less deductions for
the contingencies of death and remarriage.
Multiple inju-

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The aggregate of all lump sums^granted to a claimant who has been
found and declared by the commission to be permanently and totally
disabled shall not exceed $3,125.
S ec . 83. The compensation provided for herein shall be reduced
50 per cent: ^
(а) Where injury is caused by the willful failure of the employee to
use safety devices provided by the employer.
( б) Where injury results from the employee’s willful failure to
obey any reasonable rule adopted by the employer for the safety of the
employee.
(c) Where injury results from the intoxication of the employee.
S ec . 84. No claim to recover compensation underthis act shall be
maintained unless notice in writing in form as prescribed by the com
mission, and making claim for compensation with respect to the
injury and signed by the injured person or by some one in his behalf, or,
in case of death, by a#dependent or some one in his behalf, shall be
served upon the commission either by delivering to and . leaving with
it a copy of such notice or by mailing to it by registered mail a copy
thereof in a sealed and postpaid envelope addressed to its office in
State capitol building, Denver, Colo.: Provided, hovjever, That if no
payment of compensation has been made, other than medical, funeral,
surgical, nursing, dental, and hospital services, crutches, apparatus
and supplies, such notice or claim must be filed within one year
from the date of the accident, or, if death result therefrom, within one
year after such death, or the right to compensation^ therefor shall be
wholly barred; and, further, that any disability beginning more than
five years from the date of the accident shall be conclusively pre
sumed not to be due to such accident. The claim provided for in this
section may be filed by anyone, including the commission or any of
its agents, on behalf of such injured employee or on behalf of depend
ents in case of his death, and shall be considered as having been
filed by said injured person, or, in case of death, by his dependents if
subsequently ratified, such ratification to be in writing filed with the
commission within two years from the date of accident or from date of
death if death results therefrom.
S e c . 85. The limitation of time provided for in this act as against
any person who is mentally incompetent or a minor dependent shall
be eighteen months instead of one year.
S ec . 86. Claims for compensation or benefits due under this act
shall not be assigned, released, or commuted except as provided in this
act, and shall be exempt from all claims of creditors and from levy,
execution, and attachment or other remedy or recovery or collection
of a debt, which exemption may not be waived.
The power given in any power of attorney or other authority from
any injured employee or the dependents of any killed employee, pur
porting to authorize any other person to receive, be paid, or receipt for
any compensation benefits awarded any such claimant shall be wholly
void, illegal, and of no force and effect.
S e c . 8 7. If an employee entitled to compensation under this act be
injured or killed by the negligence or wrong of another not in the same t
employ, such injured employee, or, in case of death, his dependents,
shall, before filing any claim under this act, elect in writing whether
to take compensation under this act or to pursue his remedy against
such other. Such elections shall be evidenced in such manner as the
commission may by rule or regulation prescribe. If such injured em
ployee, or, in case of death, his dependents, elect to take compensation
under this act, the awarding of compensation shall operate as and be an
assignment of the cause of action against such other to the Industrial
Commission of Colorado if compensation be payable from the State
compensation insurance fund, and otherwise to the person, association,
corporation, or insurance carrier liable for the payment of such com
pensation; ‘ 1however, said insurance carrier shall not be entitled to re
cover any sum in excess of the amount of compensation for which said
carrier is liable under this act to the injured employee, but to that
extent said carrier shall be subrogated to the rights of the injured em
ployee against said third party causing the injury;” if the injured em-

willful acts.

Claims,

incompetents,
Assignments,

•

injuries duo to

ircl par

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ployee elects to proceed against such other, the State compensation
insurance fund, person, association, corporation, or insurance carrier,
as the case may be, shall contribute only the deficiency, if any, be
tween the amount of the recovery against such other person actually
collected, and the compensation provided by this act in such case.
Such a^cause of action assigned to the commission may be prosecuted
or compromised by it. A compromise of any such cause of action by
the employee or his dependents at an amount less than the compensa
tion provided for by this act shall be made only with the written ap
proval of the commission, if the deficiency of compensation would be
payable from the State compensation insurance fund, and otherwise
with the written approval of the person, association, corporation, or
insurance carrier liable to pay the same. Whenever an employee is
killed by the negligence or wrong of another not in the same employ
and the dependents of such employee entitled to compensation under
this act are minors, such election to take compensation and the assign
ment 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 his behalf by a parent of such minor, or by his next
friend or duly appointed guardian, as the commission may determine
by rule in each case.
Awards preS ec . 88. The right of compensation granted by this act and any
ferred.
awards made thereunder shall have the same preference or lien without
limit of amount against "the assets of employer or insurer or both as is
now or hereafter may be allowed by law for a claim for unpaid wages
for labor.
Failure to ingEC. 89. Any employer subject to the terms and provisions of this
sureact who fails to insure or to keep the insurance required by this act in
force or who allows the same to lapse or fails to effect a renewal thereof,
shall not continue any of his business operations while such default in
effective insurance continues. The commission in its own name as
party plaintiff may institute the proper action to enjoin any such em
ployer from continuing his business operations during any such default.
Attorneys'
S ec . 90. Unless previously authorized by the commission, no lien
feesshall be allowed nor any contract be enforceable for any attorney’s fees,
contingent or otherwise, for services rendered for the enforcement or
collection of any claim for compensation or other proceedings under the
workmen’s compensation act, and then only as provided by rules of the
commission.
Trust fund.
S ec . 91. The commission may, in its discretion, at any time, any
provisions in this act to the contrary notwithstanding, by unanimous
consent of all the members thereof, and with the approval of a majority
of the State auditing board, compute and require to be paid to it to be
held by it in trust, an amount equal to the present value of all unpaid
compensation or other benefits in any case, computed at the rate of 4
per cent per annum. Such action may be taken after a finding by the
commission as to the insolvency, threatened insolvency, or any other
condition or danger which may cause the loss of, or which has delayed
or may impede, hinder or delay prompt payment of compensation or
benefits by any insurance carrier or employer. The action and finding
of the commission shall not be subject to review, nor shall the commis
sion be required to give any notice of hearing or hold any hearing prior
to taking such action or making its finding as aforesaid. The order of
the commission requiring said payment shall be valid, effective, and
in force from and after the approval thereof by the State auditing board.
All moneys so paid in shall constitute a separate trust fund, and after
any such payment is so ordered the employer or insurance carrier shall
thereupon be discharged from any further liability under such award,
for which payment is made, to the extent of the payment made, and
the payment of the award shall then be assumed to the extent of pay
ment made by the special trust fund so created.
If, for any reason, a beneficiary’s right to the compensation awarded
and ordered paid into said special trust fund, ceases, lapses, or in any
manner terminates by virtue of the terms and provisions of this act so
that a surplus not surviving or accruing to any other beneficiary remains
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TEXT OF LAW S— COLORADO.

361

beneficiary, the insurance carrier, or employer who has made said
payment shall be entitled to a refund of the present value of said
surplus, if any, computed at the rate of 4 per cent per annum. Any
portion of the special trust fund may, pursuant to resolution of the
commission, be invested in any securities of the State of Colorado or
of the United States of America.
Sec. 92. Any dispute or controversy concerning compensation under Procedure,
this act shall be submitted to the commission in the manner and with
the effect as provided herein.
Sec.^ 93. If the insured employee or his dependents and the employer Agreements to
or his insurer reach an agreement in regard to compensation under this approved,
act the agreement shall be filed with the commission and after approval
by it shall be enforceable as are all the awards of the commission. All
such agreements shall be subject to the approval of the commission,
shall be upon and in form as prescribed by it, and approval shall be
given only when the terms thereof conform to the provisions of this act
and the rules and regulations of the commission. Such approval of the
commission shall be evidenced by the signature of its chairman thereon.
S ec . 94. Hearings upon claims arising under this act shall be held Hearings,
by the commission upon its own motion or upon the motion of any
party interested therein. The commission shall cause reasonable
notice of such hearing, embracing a general statement of such claim to
be given to each party interested, by service of such notice on him
personally, or by mailing a copy thereof to him at his last known post
office address, at least 10 days before such hearing. Such hearings
may be adjourned from time to time in the discretion of the commis
sion, and may be held at such place or places as the commission shall
designate. Either party shall have the right to be present at any hear
ing in person or by attorney or b y any other agent, and to present such
testimony as may be pertinent to the controversy before the commis
sion, and shall have the right of cross-examination: Provided, however,
That the commission may with summary notice to either party cause
testimony to be taken or an examination to be made of the person of the
injured employee, or with or without notice an inspection of the prem
ises where the injury occurred to be bad, or the time books and pay roll
of the employer to be examined; the testimony so taken and the results
of any such inspection or examination shall be reported to the commis
sion for its consideration upon final hearing and determination of the
cause. All ex parte testimony taken by the commission shall be re
duced to writing and either party shall have an opportunity to examine
and rebut the same on final hearing, by cross-examination or otherwise.
Sec. 95. All hearings arising under this act may be held before the Same,
commission or any two commissioners or before any referee or referees
appointed by the commission. Such hearings may also be held by
any commissioner as referee when he has been especially appointed by
the commission to hold any such hearing.
S ec . 96. The commission shall have the power and authority to ap- Referees,
point one o» more referees to hold any of the hearings provided for in
this act. Such referee or referees shall have full power and authority
to call, preside at, and conduct such hearings, as the said commissioner
would have. After the close of any such hearing the referee shall make
his findings of fact as to the issues involved in said hearing and his de
termination and award, which said finding and award so made shall be
taken as a part of the record in said cause, and shall be considered as the
final finding and award of the industrial commission in , said cause
unless a review thereof is prayed for in the manner and within the time
as herein provided.
S ec . 97. Any party in interest to any proceeding who is dissatisfied Re7ie^ -of ref“
with the finding andf award entered by any referee or referees of said erees n mgs<
commission may petition the industrial commission as a commission
to review the finding and award of such referee or referees and the entire
i ecord in said cause, or the commission on its own motion upon five days’
notice to the parties may review any case, and the commission in its
discretion, may grant an oral hearing. Such petition shall be in writ
ing and shall specify in detail the particular errors complained of in the
finding and award and in the conduct and hearing of such cause. Such
petition must be filed within 10 days after the rendition of any finding

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or award by the referee unless further time is granted by the referee or
the commission within said 10 days, and, unless so filed, the finding
and award of the referee shall be considered as the final finding and
award of the commission in said cause. All parties in interest shall be
given due notice of the rendition of any finding or award by the referee,
and said period of 10 days shall begin to run only after such notice, and
the mailing of a copy of said finding or award addressed to the last
known address of any party in interest shall be completed notice.
Upon the filing of any such petition the commission shall review the
entire record of proceedings in said cause and in its discretion may take
or order the taking of additional testimony and shall either affirm the
finding and award of the referee or may enter a new finding and award,
affirming or reversing the finding or award of the referee in whole or in
part.
Suits restricted. S ec . 98. No action, proceeding, or suit to set aside, vacate, or amend
any finding, order, or award of the commission, or referee, or to enjoin
the enforcement thereof, shall be brought unless the plaintiff shall have
first applied to the commission for a review as herein provided. Such
action, proceeding, or suit must be commenced within 20 days after the
final fmdiner, order, or award entered bv the commission upon such
review.
Appeal to court. g EC. 99 . Any person in interest being dissatisfied with any such find
ing, order, or award of the commission issued or promulgated by virtue
of the authority conferred in this act, may commence a,n action in the
district court in and for the county wherein the injury was sustained or
in the district court in and for the city and county of Denver, against
the commission as defendant to modify or vacate the same on the
grounds herein specified in which action any adverse party shall also be
made a defendant.
Actions to have
Sec. 100. All such actions shall have precedence over any civil cause
precedence.
a different nature pending in such court, and the district court shall
always be deemed open for the trial thereof, and the same shall be tried
and determined by the district court in manner as provided for other
civil actions.
Procedure.
sEc. 101. In such action, a copy of the complaint, which shall state
the grounds upon which a review is sought, shall be served with the
summons. The commission shall file its answer within 20 days after
the service of the complaint. With its answer the commission shall
make return to said court of all documents and papers on file in the
matter, and of all testimony which may have been taken therein, and a
certified copy of its order, finding, and award. Such return of the
commission when filed in the office of the clerk of the district court shall
constitute the judgment roll in such action; and it shall not be neces
sary to settle a bill of exceptions in order to make such return part of the
record of such court in such action. Such action may be thereupon
brought on for hearing before said court on such record by either party
upon notice and in the manner as provided in said court in other civil
actions, subject, however, to the provisions of laws for a change of place
»
of trial or the calling in of another judge.
Sams*
S ec . 102. If upon trial of such action it shall appear that all issues
arising in such action have not theretofore been presented to the com
mission in the petition filed as provided in this act, or that the commis
sion has not theretofore had an ample opportunity to hear and determine
any issues raised in such action, or has for any reason, not in fact heard
ana determined the issues raised, the court shall, before proceeding to
render judgment, unless the parties to such action stipulate to the con
trary, transmit to the commission a full statement of such issue or issues
not adequately considered, and shall stay further proceedings in such
action until such issues are heard by the commission and returned to
said court.
^Upon receipt of such statement the commission shall hear and con
sider the issues not theretofore heard and considered, and may alter,
affirm, modify, amend, or rescind its finding, order, or award com
plained of in said action; and it shall report its action thereon to said
court within a reasonable time after its receipt of the statement from
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363

The court shall thereupon order such amendment or other proceeding
as may be necessary to raise the issues as presented by such modifica
tion oi the finding, order, or award as may have been made by the com
mission upon the hearing, if any such modification has in fact been
made, and shall thereupon proceed with the trial of such action.
Sec. 103. Upon such hearing, the court may affirm or set aside such Power of court
order or award; but only upon the following grounds:
_
limited.
(a) That the commission acted without or in excess of its powers.
( b) That the finding, order, or award was procured by fraud.
(c) That the findings of fact by the commission do not support the
order or award.
S e c. 104. Any action commenced in court under this section to set Trial in 30days,
aside or modify any order or award of the commission shall be brought
to trial within 30 days after issue shall be joined, unless continued on
order of the court for good cause shown. No continuance shall be for
longer than 30 days at one time.
Sec. 105. Trial shall be to the court without a jury and upon the Proceedings
record of the commission returned to said court. Upon the trial of a n ysummarysuch action the court shall disregard any irregularity or error of the
commission unless it be made affirmatively to appear that the party
complaining was damaged thereby.
S ec . 106. The record in any case shall be transmitted to the com- Transmitting
mission within 20 days after the order or judgment of the court, unless, recordin the meantime, a writ of error addressed to the district court shall be
obtained from the supreme court, for the review of such order or
judgment.
S ec . 107. Upon setting aside of any order or award, the court may R ©manding
recommit the controversy and remand the#record in the case to the case*
commission for further hearing or proceedings; or it may order said
commission to enter the proper award upon the findings, as the nature
of the case shall demand: Provided, however, That in no event shall
such order for award be for a greater amount of compensation than
allowed by this act, or in any manner conflict with the provisions
thereof.
Sec. 108. The commission or any party who may consider himself Review by suaggrieved by a judgment entered upon the review of any such order or Preme court*
award, may have questions of law only reviewed summarily by the
supreme court, by writ of error, as provided by law, and said cause
shall be advanced upon the calendar of the supreme court, and a final
decision rendered within 60 days from date of issuance of the writ. It
shall not be necessary for said commission or any party aggrieved by
said action to execute, serve, or file any undertaking in order to obtain
such a writ of error.
Sec. 109. No fee shall be charged by the clerk of any court for the Pees, etc.
performance or any official service required by this act. On pro
ceedings to review any order or award, costs as between the parties
shall be allowed, or not, in the discretion of the court, but no costs
shall be taxed against said commission. In any action for the review
of any order or award, and upon any review thereof by the supreme
court, it shall be the duty of the district attorney of the county wherein
said action is pending, or of the attorney general, if requested by the
commission, to appear on behalf of the commission, whether any other
party defendant should have appeared or be represented in the action
or not.
S ec . 110. Upon its own motion on the ground of error, mistake, or a R e v i e w o f
change in conditions, the commission^may at any time after notice of awards*
hearing to the parties interested, review^ any award, and on such re
view may make an award ending, diminishing, maintaining, or in
creasing the compensation previously awarded, subject to the maxi
mum and minimum provided in this act, and shall state its conclusions
of facts and rulings of law, and shall immediately send to the parties a
copy of the award. No such review shall affect such award as regards
anv moneys already paid.
S ec . 111. The commission, or any agent, deputy, or referee desig- ^owe[ as t0
nated by it shall have power and authority to issue subpoenas, to
;
compel the attendance of witnesses or parties, and the production of
books, papers, or records and to administer oaths. Any person who

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serves a subpoena shall receive the same fee as the sheriff. Each wit
ness who is subpoenaed on behalf of the commission, and who appears
in obedience thereto, shall receive for his attendance the fees and
mileage provided for witnesses in civil easel in the district court,
which shall be audited and paid from the State treasury in the same
manner as other expenses are audited and paid, upon the presenta
tion of proper voucher approved^by the commission.
The commission may, in its discretion, assess the cost of attendance
and mileage of witnesses subpoenaed by either party to any proceeding,
against the other party to such proceeding, when in its judgment the
necessity of subpoenaing such witnesses arises out of the raising of any
incompetent, irrelevant, or sham issues by such other party.
Disobedience of
S ec . 112. Any person who shall willfully fail or neglect to appear
summons.
and testify or to produce books, papers, or records, as required by such
subpoena duly served upon him, shall be guilty of a misdemeanor and
upon conviction thereof shall be fined not less than $25 nor more than
$100, or imprisoned in the county jail not longer than 30 days for each
such offense, or both such fine and imprisonment. Each day such
person shall so refuse or neglect shall constitute a separate offense.
Courts to aid.
S ec . 113. The district court of the county wherein such person re
sides, or district court of the city and county of Denver, upon applica
tion of the commission or its agent, shall issue an order compelling the
attendance and testimony of witnesses and the production of books,
papers, or records before such commission or any such agent.
Depositions.
S ec . 114. The commission or any party may, in any investigation
or hearing, cause the depositions of witnesses residing within or with
out the State to be taken in the manner prescribed by law for like
depositions in civil actions in district courts. All such depositions
shall be taken upon commission issued by the commission, and shall
be taken in accordance with the laws and rules of court covering depo
sitions in civil cases in the district courts of this State.
Records.
S ec . 115. A full and complete record shall be kept of all proceedings
had before the commission on any hearing, and all testimony shall
be taken down and transcribed by a stenographer appointed by the
commission.
Evidence.
S ec . 116. A transcribed copy of the evidence and proceedings, or
any specific part thereof, of any investigation or hearing taken by a
stenographer appointed by the commission, being certified by such
stenographer to be a true and correct transcript of the testimony on the
investigation or hearing of, a particular witness, or of a specific part
thereof, carefully compared by him with his original notes, and to be a
correct statement of the evidence and proceedings had on such investi
gation or hearing so purporting to be taken and subscribed, may be
received as evidence by the commission and by any court with the
same effect as if such stenographer were present and testified to the
facts so certified. A copy of such transcript shall be furnished on
demand to any party upon the payment of 10 cents per folio. Fees
received from the sale of transcripts shall be applicable to the expenses
of the commission in addition to all sums which may be appropriated
for its use.
altv6neral p e n" S e c . 117. If any employer or insurer, or any officer or agent of either,
or any employee, or any other person shall violate any provision of
this act, or shall do any act prohibited thereby, or shall fail or refuse to
perform any duty lawfully enjoined, within the time prescribed by
the commission, for which no penalty has been specifically provided,
or shall fail, neglect, or refuse to obey any lawful order made by the
commission, or any judgment or decree made by any court as provided
by this act, for each such violation, failure, of refusal such employer
or insurer, or any officer or agent of either, or any employee or any
person shall be punished by a penalty of not more than $100 for each
such offense.
offense day an Se0* 118‘ Every day during which any employer or insurer or officer
or agent of either or any employee, or any other person shall fail to
comply with any lawful order of the commission or shall fail to perform
any duty imposed by this act, shall constitute a separate and distinct
violation thereof: Provided, however, That in any action which may be
brought to enforce the same, or to enforce any penalty provided for in

TEXT OF LAW S---- COLORADO.

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this act, such violations shall be considered cumulative, and may be
joined in such action.
Sec. 119. All penalties provided for in this act, except fines in cases Collection of
of misdemeanor, shall be collected in a civil action brought against the pe
<
employer, or insurer or any officer or agent of either, or of any employee
or any other person as the case may be, in the name of and by the com
mission, and all such penalties, when collected, shall be applicable to
the expense of the commission, in addition to all sums which may be
appropriated for its use.
S ec . 120. Upon the request of the commission the attorney general or Who to prosethe district attorney of any district, or any attorney at law in the regular cute actl0nsemploy of the commission, shall institute and prosecute the necessary
actions or proceedings for the enforcement of any of the provisions of
this act or award or order of the commission, or for the recovery of any
money due the State compensation insurance fund, or any penalty
herein provided, and shall defend in like manner all suits, actions, or
proceedings brought against the commission or any member thereof
in his official capacity.
S ec . 121. If, for the purpose of obtaining any order, benefit, award, False s ta t e or compensation or payment under the provisions of this act, either mentsfor himself or for any other person, anyone willfully makes under oath
a false statement or representation, he shall be guilty of perjury and
punished accordingly, and he shall forfeit all right to compensation
under this act upon conviction of such offense.
S ec . 122. There is hereby established a fund, to be known as the state fund.
State compensation insurance fund, for the benefit of injured and the
dependents of killed employees, which shall be administered in ac
cordance with the following provisions, without liability on the part
of the State, beyond the amount of said fund, constituted as provided
in this act.
Sec. 123. The commission is hereby vested with full power, author- Power of com
ity, and jurisdiction over the State compensation insurance fund, and missi0n*
may do and perform any and all things, whether herein specifically
designated or in addition thereto, which are necessary or convenient
in the exercise of any power, authority, or jurisdiction over said fund
in the administration thereof under the provisions of this act, as fully
and completely as the governing body of a private insurance company
might or could do, subject, however, to all the provisions of this act.
S ec . 124. The commission shall have full power and authority, and Same,
it shall be its duty, to fix and determine the rates to be charged by the
State compensation insurance fund for compensation insurance, and
to manage and conduct all business and affairs in relation thereto, all
of which business and affairs shall be conducted in the name of the
commission, and in that name, without any other name or title, the
commission may:
(а) Sue and be sued in all the courts of the State and in actions
arising out of any act, deed, matter, or thing made, omitted, entered
into, done, or suffered in connection with the State compensation
insurance fund, the administration, management, or conduct of the
business or affairs relating thereto.
( б) Make and enter into contracts of insurance with employers as
herein provided, and such other contracts or obligations relating to
the State compensation insurance fund as are authorized or permitted
under the provisions of this act; but the commission shall not, nor shall
any officer or employee thereof be personally liable in his private ca
pacity for or on account of any act done or omitted or contract or other
obligation entered into or undertaken in an official capacity, in good
faith and without intent to defraud in connection with the administra
tion, management, or conduct of the State compensation insurance
fund, its business, or other affairs relating thereto.
(c)
Contract with physicians, surgeons, and hospitals for medical and
surgical treatment, services, and supplies, crutches and apparatus, and
the care and nursing of injured persons entitled to benefits from said
fund, and may contract for medical, surgical, hospital, and nursing
services and supplies in excess of the amount and period otherwise
limited herein, whenever said commission may determine that the con
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and supplies might tend to reduce the period of disability for which
said fund would be liable for the payment and compensation.
Fund to be cong EC. 125. The State compensation insurance fund shall be a continutinumg.
*ng fund ; and shall consist of all premiums received and paid into said
fund for compensation insurance, all property and securities acquired
by and through the use of moneys belonging to said fund, and all inter
est earned upon moneys belonging to said fund and deposited or in
vested as herein provided. Said fund shall be applicable to the pay
ment of losses sustained on account of compensation and benefit insur
ance in accordance with the provisions of this act.
Classifications.
g EC> 126. The commission shall from time to time classify the places
of employment of employers insured in the State compensation insur
ance fund into classes in accordance with the nature of the business in
which they are engaged and the probable hazard of risk of injury to
their employees. It shall determine the amount of the premiums
which such employers shall pay to said State compensation insurance
fund, and may prescribe in what manner such premiums shall be paid,
and may change the amount thereof both in respect to any or all of
such employers, from time to time, as circumstances may require, and
the condition of their respective plants, establishments, or places of
work in respect to the safety of their employees may justify, but all
such premiums shall be levied on a basis that shall be fair, equitable,
and just as among such employers.
Subclasses.
g EC 127. it shall also be its duty to divide each of such classes under
said classification into as many subclasses as may be^necessary, upon
such terms and conditions as will enable it to determine the risks and
fix the rates of premium of the different employers in the same class of
employment, with respect to the conditions of said places of employ
ment as regards the several requirements upon which the rates of pre
mium of risks are based and determined, as provided in this act.^
M aintenance
gEC> 128. It shall be the duty of the commission in the exercise of
rates only.
p0Wergand discretion conferred upon it by this act, ultimately to
fix and maintain for each class and subclass of occupation, the lowest
possible rates of premium consistent with the maintenance of a solvent
State compensation insurance fund, and the creation and maintenance
of a reasonable surplus after the payment of legitimate claims for injury
and death that may be authorized to be paid from the State compensa
tion insurance fund for the benefit of injured and dependents of killed
employees.
Basis of rates.
S e c . 129. Such rates shall take no account of the extent to which the
employees in any particular establishment have or have not persons
dependent upon them for support, nor of whether such employees have
dependents who are nonresidents of the United States, nor of whether
such employees are married or single, nor the age of any such employees.
The rates so made shall be that percentage of the pay roll of any em
ployer which, on the average, shall produce a sufficient sum :
(a) To carry all claims to maturity; that is to say, the rates shall be
based upon the “ reserve” and not upon the “ assessment” plan;
(b) To produce a reasonable surplus as provided in this act and to
cover the catastrophe hazard and to insure the payment to employees
and their dependents of the compensation herein provided.
(c) In determining the amount of reserve to be laid aside to meet
deferred payments according to awards, such reserve shall be ascer
tained by finding the present worth of such deferred payments calcu
lated at a rate of interest not higher than 4 per cent per annum, and
such calculations shall be made according to a table of mortality not
lower than the American Experience Table of Mortality, and, in the
discretion of the commission, b y such other and further methods as will
result in the establishment of adequate reserves.
Separat e acS ec . 130. The commission shall keep an accurate account of the
counts.
money paid in premiums by each of the several classes and subclasses
of occupations or industries, and the disbursements on account of
injuries and death of employes thereof; and it shall also keep an ac
count of the money received from each individual employer and the
amount disbursed from the State compensation insurance fund on ac
count of injuries and death of the employees of such employer: Pro
vided, That the State compensation insurance fund, including such

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portions of said fund as may be derived from premiums paid by the
State, and its political subdivisions, shall be one fund, indivisible.
It is the intention that the amounts raised for such State compen
sation insurance fund shall ultimately become neither more nor less
than to make said fund self-supporting, and the premiums or rates
levied for such purpose shall be subject to readjustment from time to
time by the commission, as may become necessary.
S ec . 131. The commission shall set aside such proportion as it may Surplus,
deem necessary, of the earned premiums paid into the State compen
sation insurance fund, as a contribution to the surplus of the fund: Pro
vided, That until the surplus of the fund shall amount to the sum of
five hundred^ thousand ($500,000) dollars, at least 10 per cent of the
earned premiums paid into the State compensation insurance fund
shall be so set aside.
S e c . 132. The commission may, in its discretion, amend kt any
Amending and
time the rate or rates for any class or classes, subclass or subclasses: 3UStmgratesProvidedfurther, That no contract of insurance between the State com
pensation insurance fund and any employer shall be in effect until a
policy or binder has been actually issued by the commission and the
premium therefor paid as and when required by this act: And provided
further, That after the inspection of the premises of any employer, or
after considering the experience of such employer, the commission
may quote with respect to his risk a rate higher or lower than that in
dicated by its manual as applicable to his risk. Twice a year the com
mission shall tabulate the earned premiums paid by policyholders of
the State compensation insurance fund, by classes and subclasses, and
shall also tabulate the losses incurred by the fund by classes and sub
classes. Should the experience of the fund show a balance to the
credit of the policyholders of any class or subclass after the before men
tioned amounts have been credited to the surplus fund, and after pay
ment of all amounts which have fallen due because of injury or death
and after setting aside proper reserves, then the commission shall distrib
ute such credit balance to the policyholders of such classes as have a
balance to their credit in proportion to the premium paid by each such
policyholder during the preceding insurance period and in proportion
to the credit balance earned by the class or subclass as a credit upon the
premium or premiums next due from him : Provided, however, That in
the event any such policyholder fails to renew his policy in the State
compensation insurance fund for the six-months’ period following the
period in which said dividends were earned, he shall not be entitled to
said credit dividend: And provided, further, That in the event an em
ployer actually discontinues business, hi3 policy shall be canceled and
the dividend if any, when ascertained, returned to him.
S e c . 133. I f any employer shall be in arrears for more than 20 days
pefault in pre
in any payment required to be made by him to the State compensation nilumsinsurance fund as provided in this act, he shall by virtue of such ar
rearage be in default of such payment and any policy issued to him by
said fund shall thereupon be canceled without notice as of the effective
or renewal date of said policy. In the event cancellation of policy is
made as herein provided and the State compensation insurance fund is
required to make any expenditures for the benefits provided by this
act for any accident causing injury or death within said 20-day period
said fund shall be entitled to reimbursement from the employer for all
amounts so paid which may be collected by said fund in civil action
brought against the employer: Provided, hovjever, That the employer
shall be primarily liable to any injured employee or the dependents of
a killed employee for the payment of the compensation and benefits
provided by this act during said 20-day period.
Sec. 134. In the event the amount of premium collected by the fund Adjusting prefrom any, employer at the beginning of any period of six months as mmmsascertained and calculated by using the estimated expenditure of wages
for the period of time covered by such premium payments as a basis,
shall differ from the earned premium based upon the actual wage ex
penditure for such six-months’ period, an adjustment of the amount of
such premium shall be made at the end of such six-months’ period and
the actual amount of such premium shall be determined in accordance
with the amount of actual expenditure of wages for such period; and,

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in the event such actual wage expenditure for such period is less than
the amount on which such estimated premium was collected, then such
employer shall be entitled to have the amount of the difference in
premium repaid to him or credited on succeeding premium payments;
and should the earned premium, where ascertained as aforesaid, exceed
in amount the premium so paid by such employer at the beginning of
each such six-months’ period, such employer shall upon being advised
of the true amount of such premium due, forthwith pay to said State
compensation insurance fund an amount equal to the difference be
tween the amount actually found to be due and the amount so paid by
him at the beginning of said six-months’ period.
Premium payS e c . 135. Every employer insured in the State compensation insurments.
ance fund shall semiannually, on the first day of January and July of
each year pay into the State compensation insurance fund in advance
the amount of premium determined and fixed by the commission for
the ensuing period. The amount of the premium to be paid by every
such employer at the rates fixed and established by the commission
for said State compensation insurance fund shall be on the basis of the
annual expenditure of money by said employer for the services of
persons engaged in his employment. The amount of premium to be
- so paid by each such employer shall be determined by the classifica
tions, rules, and rates made and published by the commission. Pay
ment shall be made within the time fixed by this act and a receipt or
certificate certifying that such payment has been made shall be mailed
to such employer by the commission, which receipt or certificate shall
be prima facie evidence of the payment of such premium.
Municipalities.
S e c . 136. The amount of money to be contributed by the State itself,
and by each county, city, town, irrigation or school district, or other
taxing district of the State, shall be determined and fixed by said
industrial commission by any of the methods herein provided for the
determination of premiums and rates for private employers: Provided,
however, That the commission shall make such readjustment of pre
miums heretofore paid in by public employers and of premiums now
due from public employers under the prior statute, after the same are
actually paid in, as it may deem equitable and just.
liaising money.
S e c . 137. The officials of the State, county, city, town, irrigation
or school district, or other taxing district of the State, who are charged
by law with the duties of raising and appropriating funds of each such
subdivision for the payment of expenditures authorized on behalf of
each such subdivision shall cause to be raised and appropriated suffi
cient moneys for the payment of any sum of money required jto» pur
chase compensation insurance from said fund for any such subdivision,
and the officials who are charged with the duty of issuance and payment
of the warrants of each such subdivision shall pay same when due:
Provided, however, The commission shall communicate to the general
assembly, within the first 10 days of each regular session thereof, an
estimate of the aggregate amount of money necessary to be contributed
by the State during the two years next ensuing as its proper payments
due to said fund.
Information to
S e c . 138. All officials of the State, county, city, town, irrigation
be furnished.
or school district, or other taxing district of the State, who are charged
by law with the duty of keeping or preparing any or all of the books or
records of any such subdivision shall upon request furnish to the indus
trial commission of Colorado such information as may be required by the
commission relative to the expenditure of money by any such subdi
vision for the services of any and all persons in its employ.
It shall be the duty of the public examiner of the State of Colorado
to audit and examine, at least once a year* all of the books, records,
and other documents of every public employer as hereinabove set
forth as far as they relate to the wage expenditure or pay roll of any
and all such public employers during the year preceding said examina
tion or audit, and said public examiner shall furnish to the commission
in form as prescribed by it a verified statement of the total wage ex
penditure of each and all such subdivisions for the period covered by
said examination and audit.
Reinsurance.
S e c . 139. The commission may secure reinsurance covering the catas
trophe hazard with respect to any risk or risks carried by the State com-

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369

pensation insurance fund, and the State treasurer shall pay the premium
for such reinsurance from the State compensation insurance fund in the
manner provided by this act for other disbursements from said fund.
S ec . 140. The State treasurer shall be the custodian of the State C u s t o d y oI
compensation insurance fund, and all disbursements therefrom shall funds,
be paid by him upon^ warrants of the State auditor upon vouchers
issued by the commission, and the State auditor is hereby authorized
and directed to draw warrants upon the State compensation insurance
fund for payment thereof,' upon order of the commission.
S e c . 141. The commission shall in writing authorize and direct the Investments.
State treasurer to invest any portion of the State compensation insur
ance fund which in the judgment of the commission is not needed for
immediate use. Said fund, including its surplus and reserves, or any
portion thereof, may be invested in any warrants or bonds of the St,ate
of Colorado or of the United States of America at market price, as may
be determined by the commission. All interest earned upon such por
tion or portions of the fund as may be deposited or invested shall be
collected by the State treasurer and placed to the credit of such fund:
Provided, however, That none of the funds belonging to the State com
pensation insurance fund shall be used for any other purpose what
soever save those of said fund. Upon the direction of the commission,
with the approval of the State auditing board, the State treasurer shall
sell or dispose of such portion of the investments of said fund at market
price as he may be directed.
S e c . 142. The State treasurer shall give a separate and additional Bond,
bond in such amount as may be fixed by the commission, with sure
ties to be approved by the governor, conditioned for the faithful per
formance o£ his duties as custodian of the State compensation insur
ance fund and as custodian of all the bonds, warrants, investments,
and moneys of, or belonging to said fund, subject to all provisions of
law governing bonds of the State treasurer, and the premium on said
bond shall be paid from the State treasury upon warrant issued by
the State auditor upon voucher approved by the commission.
S ec . 143. The State compensation insurance fund shall be open to Examinationof
visitation by the insurance commissioner at all reasonable times, and
•
the insurance commissioner may require from the comnission re
ports as to the condition of such fund, as required by law to be made
by other insurance carriers doing business in this State, so far as appli
cable to said fund. A thorough examination of said fund shall be
made whenever the industrial commission and the insurance commis
sioner deem it necessary, but not less often than once in every two
years. ^Such examination shall be made by a competent, fair, and
impartial examiner, selected by agreement of the insurance commis
sioner and the commission, and it shall be an actuary of recognized
standing and free from any connection with any interest opposed to
the State compensation insurance fund.
S ec . 144. Any employer who intentionally misrepresents to the Misrepresenting
commission the amount of pay] roll or wage expenditure upon which pay •
any premium under this act is based, shall be deemed guilty of a
misdemeanor and shall be punished by a fine of not more than $500
or ja il sentence of not more than 30 days, or both such fine and im
prisonment.
S ec . 145. The commission shall prepare and furnish to employers, Blanks,
at the expense of the State, all such blanks as may be necessary to
carry out the terms and provisions of this act in connection with the
operation and maintenance of the State compensation insurance fund.
S ec . 146. The commission shall cause to be prepared^ proper Schedules,
schedules showing its classification, rates, and regulations which shall
be effective at such time or times as may be ordered by the commis
sion, said classifications, rates, and regulations shall be published by
posting a copy thereof on the bulletin board in the offices of said com
mission.
S e c . 147. The manner, mode, and method of proceeding of the in- Acts continued,
dustrial commission of Colorado in the hearing and disposition of
claims, contested and noncontested, arising under chapter 179 of
177982°—21— Bull. 272------ 24

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the Session Laws of Colorado of 1915, and the amendments thereto of
1917, is hereby ratified, confirmed, and validated.
P e n d in g and
S e c . 148.^ Nothing contained in this act shall be construed to limit,
decided cases.
interfere with, disturb, or render ineffective in any degree, any mat
ter, proceeding, or transaction pending before, or done or performed
under the provisions of chapter 179 of the Session Laws of 1915 and all
acts amendatory thereof, b y the industrial commission of Colorado or
any department thereof, including the State compensation insurance
fund, or to effect [affect] any right accrued or accruing or to accrue under
said acts,#but each and every part thereof are hereby expressly saved
and continued under the jurisdiction of said industrial commission
of Colorado, with full power^authority, and jurisdiction and with the
right and duty in said commission to dispose of the same.
Provisions not
S e c . 149. The compensation provisions of this act, except the proretroactive.
cedural provisions, shall not apply to any injury sustained prior to
the taking effect hereof.
Provisions sevS e c . 150. If any part, section, subsection, sentence, clause, or
eraoie.
phrase of this act is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of this
act. The general assembly hereby declares that it would have passed
this act and each part, section, subsection, sentence, clause, or phrase
irrespective of the fact that any one or more other parts, section, sub
section, sentence, clause, or phrase be declared unconstitutional.
Acts repealed.
S e c . 151. Chapter 179 of the Session Laws of 1915 and chapter 155
of the Session Laws of 1917, and all acts or parts of acts inconsistent
with this act are hereby repealed.
Approved, April 10,1919; in effect, May l s 1919.

CONNECTICUT.
GENERAL STATUTES, 1918.
Chapter 284.— Compensation o f workmen for injuries.
P a k t A — E m p l o y e r s ’ L ia b il it y .

Section 5339. In an action to recover damages for personal injury Abrogation of
sustained by an employee arising out of and in the course^ of his emses*
ployment, or for death resulting from injury so sustained, it shall not
be a defense— (a) that the injured employee was negligent; (b) that the
injury was caused by the negligenceof a fellow employee; (c) that the
injured employee had assumed the risk of the injury.
Sec. 5340. The provisions of section 5339 shall not apply to actions Does not appir,
to recover damages for personal injuries sustained by employees of any wlien*
employer having regularly less than five employees, by casual em
ployees, or by outworkers; nor shall the same provisions apply to actions
against any employer who shall have accepted part B of this chapter in
the manner hereinafter prescribed.
P a r t B — W o r k m e n ’ s C o m p e n s a t io n .
S e c t i o n 5341 (as amended by ch. 142, acts of 1919).
When any Election of com persons in the mutual relation of employer and employee shall have Pensatl0aaccepted part B of chapter 284 of the general statutes the employer
shall not be liable to any action for damages on account of personal
injury sustained by an employee arising out of and in the course of his
employment or on account of death resulting from injury so sustained;
but the employe7’ shall pay compensation on account of such injury in
accordance with the scde hereinafter provided, except that o com
pensation shall be paid when the injury shall have been caused by the
willful and serious misconduct of the injured employee or by his in
toxication. If an injury arises out of and in the course of the employ
ment it shall be no bar to a claim for compensation that it can not be
traced to a definite occurrence which can be located in point of time
and place. Any disease, which is caused by an injury arising out of
and in the course of the employment, shall be deemed to be a natural
consequence of such injury, but in any case of aggravation of a disease
existing prior to such injury, compensation shall be allowed only for
such proportion of the disability due to the aggravation of such prior
disease as may reasonably be attributed to the injury. The accept
ance of part B of chapter 284 of the general statutes by employers and
employees shall be understood to include the mutual renunciation and
waiver of all rights and claims arising out of injuries sustained in the
course of employment as aforesaid, other than rights and claims given
by part B of said chapter, including the right of jury trial on all ques
tions affecting compensation and all right of appeal from the compen
sation commissioners except as hereinafter established.
Sec. 5342 (as amended by ch. 142, acts of 1919). All contracts of Election pre
employment between an employer and an employee, as such terms are smn.ed*
defined in section 5388 of the general statutes, except those made be
tween an employer having regularly less than five employees and any
such employer and employee, shall be conclusively presumed to in
clude a mutual agreement between employer and employee to accept
part B and become bound thereby, unless either employer or employee
shall, by written stipulation in the contract, or by such notice as is
prescribed in section 5343 of the general statutes, indicate his refusal
to accept the provisions of said part B. No provision of said part B Employers of
shall apply to any employer having regularly less than five employees payees1* ' 6 0m"
unless such employer shall, in the manner hereinafter provided, accept

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the provisions of part B and become bound thereby. All contracts of
employment between an employer having regularly less than five em
ployees and any such employee, shall be conclusively presumed to in
clude the following mutual agreements between employer and emloyee: (1) That the employer may accept the provisions of part B and
ecome bound thereby by forthwith complying with section 5369 of
the general statutes; (2 ) that if the employer so accepts the provisions
of part B the employee shall thereupon be deemed to accept such pro
visions and shall be bound thereby; unless the employer shall neglect
or refuse to furnish, forthwith, to the employee, on his written request,
evidence of compliance with section 5369 of the general statutes in the
form of a certificate from the compensation commissioner, the insurance
•Withdrawals, commissioner, or the insurer, as the case may be; (3) that the employee
may at any time withdraw his acceptance of such provisions and be
come released therefrom by giving written or printed notice of such
withdrawal to the commissioner having jurisdiction, and also to the
employer, and such withdrawal shall take effect forthwith from the
time of its service on the commissioner and the employer; and (4) that
the employer may withdraw his acceptance and the acceptance of the
of the employee by filing a written or printed notice of his withdrawal
with such commissioner and with such employee, which withdrawal
shall become effective forthwith from the time of its service on the com
missioner and the employee. The notices of acceptance and with
drawal to be given by an employer having regularly less than five emloyees and the notice of withdrawal to be given by the employee, as
erein provided, shall be served upon such commissioner, employer, or
or employee, either by personal presentation or by registered mail; and
notices in behalf of a minor shall be given by or to his parent or guard
ian, or, if there be no parent or guardian, by or to such minor. The
manner of acceptance of or withdrawal from the provisions of part B,
prescribed in said section 5343, shall not apply to employers having
regularly less than five employees, or to such employees. ^ In deter
mining the number of employees regularly employed by an individual,
the employees of a partnership of which he is a member shall not be
included.
How withSec. 5343 (as amended by ch. 142. acts of 1919). Acceptance of part
drawal may be B may be withdrawn by written or printed notice from either employer
made*
or employee to the other party and to the compensation commissioner
of the district in which the employee is employed. Notice of with
drawal may be served by personal presentation or by registered letter
addressed to the person on whom it is to be served at his last known
residence or place of business; and such notice shall become effective
30 days after service. Either employer or employee who has withdrawn
acceptance may renew the same by the same notice and procedure as
is prescribed for withdrawals. Notices in behalf of a minor shall be
given by or to his parent or guardian, or, if there be no parent or guard
ian, then by or to such minor.
Effect of non- Sec. 5344. Every employer not accepting part B shall be liable to
acceptance.
action for damages on account of personal injury to his employees in
accordance with the provisions of part A, and every employee not ac
cepting part B shall lose all rights and benefits of part A with reference
to any employer who continues to accept part B.
Contractors.
Sec. 5345. When any principal employer procures any work to be
done, wholly or in part for him, by a contractor, or through him by a
subcontractor, and the work so procured to be done is a part or process
in the trade or business of such principal employer, and is performed in,
on or about premises under his control, then such principal employer
shall be liable to pay all compensation under this chapter to the same
extent as if the work were done without the intervention of such con
tractor or subcontractor,
L i a b i l i t y of
Sec. 5346. When any injury for which compensation is payable under
third persons.
the provisions of this chapter shall have been sustained under circum
stances creating in some other person than the employer a legal liability
to pay damages in respect thereto, the injured employee may claim com
pensation under the provisions of this chapter, but the payment or
award of compensation shall not affect the claim or right of action of such
injured employee against such other person, but such injured employee

TEXT OF LAWS---- CONNECTICUT.

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may proceed at law against such person to recover damages for such in
jury; and any employer having paid, or by award having become ob
ligated to pay, compensation under the provisions of this chapter may
bring an action against such other person to recover any amount that he
has paid or by award has become obligated to pay as compensation to
such injured employee: Provided, If either such employee or such em
ployer shall bring such action against such third person, he shall forth
with notify the other, in writing, by personal presentation or by regis
tered mail, of such act and of the name of the court to which the
writ is returnable, and such other may join as a party plaintiff in such
action, within thirty days after such notification, and if such other
fails to join as a party plaintiff, his right of action against such third per
son shall abate. In the event that such employer and employee shall
join as parties plaintiff in such action and any damages are recovered,
such damages shall be so apportioned that the claim of the employer
shall take precedence over that of the injured employee, and if the
damages shall not be sufficient, or shall be only sufficient to reimburse
him for the compensation which he has paid, or by award has become
obligated to pay, with a reasonable allowance for an attorney’s fee, to be
fixed by the court, and his costs, such damages shall be assessed in his
favor; but if the damages shall be more than sufficient to reimburse him,
damages shall be assessed in his favor sufficient to reimburse him for the
money he has paid, with a reasonable allowance for an attorney’s fee,
to be fixed by the court, and his costs, and the excess shall be assessed
in favor of the injured employee. No compromise with such third per
son by either employer or employee shall be binding upon or affect
the rights of the other, unless assented to by him.
S e c . 5347 (asamended by ch. 142, acts of 1919). Any employee who . Notice of inhas sustained an injury in the course of his employment shall forthwith ^ury*
notify his employer, or some person representing him, of such injury;
and on his failure to give such notice, the commissioner may reduce the
award of compensation proportionately to any prejudice which he shall
find the employer has sustained by reason of such failure; but the bur
den of proof with respect to such prejudice shall rest upon the employer.
The employer, as soon as he has knowledge of any such injury, shall
provide a competent physician or surgeon to attend the injured em- Medical, etc.,
ployee, and, in addition, shall furnish such medical and surgical aid or
*
hospital service as such physician or surgeon shall deem reasonable or
necessary. In the event of the failure of the employer promptly to pro
vide such physician or surgeon or medical, surgical or hospital service,
the injured employee may provide such physician or surgeon or medi
cal, surgical or hospital service at the expense of the employer; or, at
his option, the injured employee may refuse the medical, surgical and
hospital service provided by his employer and provide the same at his
own expense. The commissioner may, when he finds that good reasons
exist therefor, authorize or direct a change of such physician or surgeon,
or such hospital service. If it shall appear to the commissioner that an
injured employee has refused to accept and failed to provide such Refusal to ao
reasonable medical, surgical, or hospital service, all rights of compen- CGVt*
sation under the provisions of said chapter shall be suspended during
such refusal and failure. The pecuniary liability of the employer for
the medical, surgical, or hospital service herein required shall be limited
to such charges as prevail in the same community or similar communi
ties for similar treatment of injured persons of a like standard of living
when such treatment is paid for by the injured persons. In the case
of a seaman employed upon any enrolled vessel of the United States
and entitled, by the provisions of any law of the United States, to med
ical or surgical aid or hospital service without charge, such medical or
surgical aid or hospital service may be substituted for that provided
for in this section so far as it may answer the requirements of the pro
visions of this section, but nothing herein shall excuse the employer
in such cases from giving emergency treatment when required; and
any employer desiring to take advantage of this provision shall ascer
tain that such services as are provided for by the laws of the United
States are rendered. If, after due knowledge that an employee has
suffered injury arising out of and in the course of his employment, an
employer has failed to provide medical care promptly, and the injured

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employee has provided such medical care, then the employer shall
not compel the employee to change his physician, surgeon, or hos
pital, except upon the order or approval of the commissioner.
Waiting time.
Sec. 5348 (as amended by ch. 142, acts of 1919). No compensa
tion shall be payable for total or partial incapacity under the provisions
of chapter 284 of the general statutes on account of any injury which
does not incapacitate the injured employee for a period of more than
seven days from earning full wages at his customary employment; but
if incapacity extends beyond a period of seven days compensation shall
begin at the expiration of the first seven days of total or partial incapac
ity: Provided, If such incapacity extends beyond a period of four weeks,
compensation shall begin from the day of the injury. In all contracts
between parties subject to part B, the injured employee shall be
entitled to full wages, for the entire day of the injury and said day shall
not be counted as a day of incapacity.
Death benefits.
s EC. 5349 (aa amended by ch. 142, acts of 1919). Compensation
shall be paid on account of death resulting from injuries within two
years from date of injury as follows: (a) For burial expenses, $ 100; (b)
to those wholly dependent upon the deceased employee at the time
of his injury, a weekly compensation equal to half of the average
weekly earnings of the deceased at the time of his injury; (c) in ease
there is no one wholly dependent upon the deceased employee, to those
partially dependent upon the deceased employee at the time of his
injury, a weekly compensation equal to half of the average weekly
earnings of the deceased at the time of the injury: Provided, The amount
so paid shall not be more than $18 weekly, nor less than $5 weekly; nor
if the average weekly sum contributed by the deceased at the time of
the injury to those partially dependent be more than $5 weekly, not
more than said sum so contributed; but the compensation payable on
account of death resulting from injuries shall in no case be more than
$18 or less than $5 weekly, and such compensation shall not continue
longer than 312 weeks after death. The compensation on account of
death payable under the provisions of chapter 284 of the general
statutes to a widow or widower of a deceased employee shall not cease
with the death of such. widow ov widower, but, upon her or his death
within the period during which such compensation is payable, it shall
continue to be paid for the remainder of such period to the other
dependents of the deceased employee as defined in section 5388 of the
general statutes.
Dependents.
Sec. 5350. The following persons shall be conclusively presumed
to be wholly dependent for support upon a deceased employee: (a) A
wife upon a husband with whom she lives at the time of his injury or
from whom she receives support regularly; ( 6) a husband upon a wife
with whom he lives at the time of her injury or from whom he receives
support regularly; (c) any child under the age of 18 years, or over said
age but physically or mentally incapacitated from earning, upon the
parent with whom he is living or from whom he is receiving support
regularly at the time of the injury of such parent, there being no sur
viving dependent parent. In case there is more than one child thus
dependent the death benefit shall be divided equally among them. In
all other cases, questions of dependency shall be determined in accord
ance with the fact, as the fact may be at the time of the injury. In
such other cases, if there is more than one person' wholly dependent,
the compensation in case of death shall be divided equally among them,
and persons partially dependent, if any, shall receive no part thereof.
If there is no person wholly dependent and more than one person par
tially dependent, the compensation in case of death shall be divided
among them according to the relative degree of their dependence.
For the purpose of this chapter the dependence of a widow or widower
of a deceased employee shall be construed to terminate with remarriage,
but upon remarriage within the period during which such compensation
is payable, it shall continue to be paid for the remainder of such period
to other dependents of the deceased employee, as defined in section
5388: Provided, There are any such dependents. The presumptive
dependence of a child as hereinbefore defined, except a child physically
or mentally incapacitated from earning, shall be construed to terminate
at the age of 18 years. Compensation under the provisions of this

TEXT OF LAW S— CONNECTICUT.

375

chapter shall be paid to alien dependents in half the amounts indicated
in this chapter unless such alien dependents are residents of the United
States, or its dependencies, or Canada, such alienage to be determined
as of the date of the injury. The other half of the normal compensation
may be paid in accordance with the rules of apportionment herein
provided to such persons resident in the United States, or its depend
encies, or Canada, if any there be, as would be entitled to compensation
were there no such nonresident alien dependents.
Sec. 5351. In case the injury results in total incapacity to work, there Total disability,
shall be paid to the injurea employee a weekly compensation equal to
half of his average weekly earnings at the time of the injury; but the
compensation shall in no case be more than $14 or less than $5 weekly;
and such compensation shall not continue longer than the period of
total incapacity, or in any event longer than 520 weeks. The following
injuries of any person shall be considered as causing total incapacity
and compensation shall be paid accordingly: (a) Total and permanent
loss of sight in both eyes, or the reduction to one-tenth or less of normal
vision with glasses; (b) the loss of both feet at or above the ankle; (c) the
loss of both hands at or above the wrist; (d) the loss of one foot at or above
the ankle; (e) any injury resulting in permanent and complete paralysis
of the legs or arms or of one leg and one arm; ( / ) any injury resulting
in incurable imbecility or insanity.
S e c . 5352 (as^amended by ch. 142, acts of 1919). In case the injury Partial disabiiresults in partial incapacity, there shall be paid to the injured employee a weekly compensation equal to half the difference between his
average weekly earnings before the injury and the amount he is able
to earn thereafter. Such compensation shall in no case be more than
$18 weekly and shall continue during the period of partial incapacity,
but no longer than 520 weeks. If the employer procures for an injured
employee employment suitable to his capacity the wages offered in
such employment shall be taken as the earning capacity of the injured
employee. In case of the following injuries the compensation, in
addition to the usual compensation for total incapacity, but in lieu of
all other payments for compensation, shall be half of the average
we ikly ear lings <f the injured en oloye^, prior to such inju ry fo~ the
terms, respectively, indicated, but in no case more than $18 o. less
than $5 weekly: (a) For the loss of one arm at or above the elbow,
or the complete and permanent loss of the use of one arm, 208 weeks;
(b) for the loss of one hand at or above the wrist, or the complete and
permanent loss of the use of one hand, 156 weeks; (c) for the loss of one
leg at or above the knee, or the complete and permanent loss of the use
of one leg, 182 weeks; (d) for the loss of one foot at or above the ankle,
or the complete and permanent loss of the use of one foot, 130 weeks;
(e) for the complete and permanent loss of hearing in both ears, 156
weeks; ( / ) for the complete and permanent loss of hearing in one ear,
52 weeks; (g) for the complete and permanent loss of sight in one eye,
or the reduction in one eye to one-tenth or less of normal vision with
glasses, 104 weeks; (h) for the loss of, or the complete and permanent
loss of the use of, a thumb, 38 weeks; (i) for the loss of, or the complete
and permanent loss of the use of, a first finger or a great toe, 38 weeks; (j)
for the loss of, or the complete and permanent loss of the use of, a second
finger, 30 weeks; a third finger, 25 weeks; a fourth finger, 20 weeks;
(k) for the loss of, or the loss of the use of, any toe except the great toe,
13 weeks. The loss of, or the loss of the use of, one phalanx of a
thumb shall be construed as half of the loss of the thumb; the loss of,
or the loss of the use of, one phalanx of a finger shall be construed as
one-third of the loss of the finger; the loss of, or the loss of the use of,
two phalanges of a finger shall be construed as two-thirds of the loss of
the finger; the loss of, or the loss of the use of, one phalanx of a great
toe shall be construed as half of the loss of a great toe; and the loss of
the greater part of a phalanx shall be construed as the loss of a phalanx;
and shall be compensated accordingly. In case the injury shall consist
of the loss of a substantial part of a member resulting in a permanent
partial loss of use of the member, or in case the injury results in a per
manent partial loss of function, the commissioner may, in his discretion,
in lieu of other compensation, award to the injured person such a pro
portion of the sum herein provided for the total loss or loss of use of such

376

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member or for incapacity or both as shall represent the proportion of total
loss or loss of use found to exist, and any voluntary agreement submitted
in which the basis of settlement is such proportionate payment may, if
otherwise conformable to the chapter, be approved by the commissioner
in his discretion. The word “ member” shall include all portions of
the human body referred to in subsections (a) to (k) inclusive.
Computation of
S ec . 5353 (as amended by ch. 142, acts of 1919). For the purposes
earnings.
0£ ga*^ chapter, the average weekly wage shall be ascertained by
dividing the total wages received by the injured workman from the
employer in whose service he is injured during the 26 calendar weeks
immediately preceding that during which he was injured, by the
number of said calendar weeks during which, or any portion of which,
said workman was actually employed by said employer: Provided, In
making such computation, absence for seven consecutive calendar
days, although not in the same calendar week, shall be considered as
absence for a calendar week. When the employment commenced
other than at the beginning of a calendar week, such calendar week
and the wages earned during such week shall be excluded in making
the above computation. When the employment, previous to injury
as provided above, is computed to be less than a net period of two
calendar weeks, then his weekly wage shall be considered to be equiva
lent to the average weekly wage prevailing in the same or similar
employment in the same locality at the time of injury. For the pur
pose of determining the amount of compensation to be paid in the case
of a minor under the age of 18 years who has sustained an injury
entitling him to compensation for total or partial incapacity for a period
of 52 or more weeks, or to specific indemnity for any of the injuries
enumerated in subsections (a) to (k), inclusive, or in any other portion
following subdivision (k), of the preceding section, the commissioner
may add 50 per cent to his average weekly wage.
Advance payS e c . 5354. In fixing the amount of any compensation under this
mentschapter due allowance shall be made for any sum which the employer
may have paid to any injured employee or to the dependents on account
of the injury, except such sums as the employer may have expended
or directed to be expended for med cal, surgical, or hospital service.
Review.
S ec. 5355. Any award of, or voluntary agreement concerning com
pensation made under the provisions of this chapter shall be subject to
modification, upon the request of either party and in accordance with
the procedure for original determinations, whenever it shall appear to
the compensation commissioner that the incapacity of an injured em
ployee has increased, decreased or ceased, or that the measure of de
pendence, on account of which the compensation is paid, has changed,
or that changed conditions of fact have arisen which necessitate a change
of such agreement or award in order properly to carry out the spirit of
this chapter. The commissioner shall also have the same power to
open and modify an award as any court of the State has to open and
modify a judgment of such court. The compensation commissioner
shall retain jurisdiction over claims for compensation, awards, and
voluntary agreements, for any proper action thereon, during the whole
compensation period applicable to the injury in question.
Commissioners.
S e c . 5356 (as amended by ch. 142, acts of 1919). There shall con
tinue to be five compensation commissioners, one for each of the five
congressional districts as constituted October 1, 1913. On or before
January 1 of each year the governor shall appoint a competent person
to be compensation commissioner for the term of five years. Said
commissioners shall be sworn to a faithful performance of their duties.
Vacancies occurring during a term shall be filled by the governor.
After due notice and public hearing the governor may remove any com
missioner for cause and the good of the public service.
Powers.
S ep. 5357. Each commissioner shall, for the purposes of this chapter,
have power to summon and examine under oath such witnesses, and
may direct the production of, and examine or cause to be produced
or examined, such books, records, vouchers, memoranda, documents,
letters, contracts, or other papers in relation to any matter at issue
as he may find proper, ana shall have the same powers in reference
thereto as are vested in magistrates taking depositions. He shall
have power to certify to official act?, and all powers necessary to

TEXT OF LAW S---- CONNECTICUT.

377

enable him to perform the duties imposed upon him by the
provisions of this chapter. The commissioners shall reside in the Residence,
districts for which they are severally appointed, and each shall
have jurisdiction of all claims and questions arising in such district
under part B of this chapter. The commissioner for the first congres
sional district shall maintain an office at some convenient location in
the city of Hartford; the commissioner for the second district, an office
similarly located in the city of Norwich; the commissioner for the
third district, in the city of New Haven; the commissioner for the
fourth district, in the city of Bridgeport; and the commissioner for the
fifth district, in the city of Waterbury. Each commissioner shall keep
his office open during reasonable business hours of every day except
Sundays and legal holidays, but may hear and decide' cases at any
other place within his district. In case a commissioner is disqualified
or temporarily incapacitated from hearing any matter, he shall desig
nate some other commissioner to hear and decide such matter, and
such other commissioner shall possess the same jurisdiction and power,
for the purpose of such hearing, as such incapacitated or disqualified
commissioner. The superior court, on application of a commissioner or
the commission, or of the attorney general, may enforce, by appropriate Enforcement of
decree or process, any provision of this chapter or any proper order of
s>
a commissioner or the commission rendered in pursuance of any such
provision.
S e c . 5358 (as amended by ch. 142, acts of 1910).
Acting together, Regulations,
the commissioners shall have power to adopt and change such com
mon rules, procedure, and forms as they shall deem expedient for the
purposes of said chapter. Biennially the commissioners shall prepare
and submit to the governor a report of their doings, including such
recommendations as they shall think proper for the improvement of
said chapter or its administration.
S f c . 5359 (as amended by ch. 112, acts of 1919). Every employer
Reports of acciwho has accepted the provisions of part B of said chapter shall keep a dentsrecord ci such injuries sustained by his employees in the course of their
employment as result in incapacity for one day or more; and evety
such employer shall send to the commissioner, in duplicate, each week,
or oftener if so directed, such repo t of such injuries as the rules pre
scribed by the board of commissioners shall determine, with such
notices of claims for compensation as have been served upon him
within one week, in conformity with the provisions of section 5360 of
the general statutes. No other report of injuries to employees shall be
required by any department or office of the State from such employers as
have accepted part 1>. The duplicates of such reports shall be trans
mitted to the commissioner of labor and factory inspection.
S e c . 5360. No proceedings for compensation under the provisions of
this chapter shall be maintained unless a written notice of .elaim for Claims,
compensation is made within one year from the date of the injury.
Such notice shall state in simple language the date, place, and nature
of the injurv, the name and address of the injured employee, and the
person in whose interest compensation is claimed. Notices may be
served in the same manner as notices of withdrawal from the provisions
of part B; and, in cases of fatal injuries, notice may be served either by
any one of the dependents under the provisions of this chapter as pro
vided in section 5343 or by the legal representative of the deceased
employee; but where there has been a hearing or a written request for a
hearing or an assignment for hearing within one year from the date of
the injury, or where a voluntary agreement has been submitted within
said period of one year, no want, of such notice of claim shall be a bar to
the maintenance of proceedings, and in no case shall any defect or
inaccuracy of such notice of claim be a bar to the maintenance of pro
ceedings unless the employer shall show that he was ignorant of the
injury and was prejudiced thereby. Upon satisfactory showing of
such ignorance and prejudice, the employer shall receive allowance to
the extent of such prejudice. Within one week after the receipt by an
employer of such notice of claim for compensation, he shall report the
substantial facts of such notice to the commissioner.
S e c . 5361 (as amended by ch. 142, acis of 1919).
If an employer ^ V o l u n t a r y
and an injured employee, or in case of fatal injury his legal representa- a8reemen s*

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tive, shall, at a date not earlier than the expiration of the waiting
period, reach an agreement in regard to compensation, such agree
ment shall, by the employer, be submitted in writing to the com
missioner, with a statement of the time, place, and nature of the injury
upon which it is based; and if said commissioner shall find such agree
ment to conform to the provisions of said chapter in every regard he
shall so approve it. Every agreement thus approved shall be filed
in the office of the clerk of the superior court for the county in which
the injury occurred if such injury occurred within this State, other
wise in the office of the clerk of the superior court for the county in
which the office of the commissioner making the award is located. \
copy of such agreement shall be retained by the commissioner, and
a like copy delivered to each of the parties, and thereafter it shall be
as binding upon both parties as an award by the commissioner. Be
fore discontinuing payment on account of total or partial incapacity
under any ?uch agreement, the employer, if it is claimed by or on
behalf of the injured person that hi3 incapacity still continues, shall
notify the commissioner and the employee of the discontinuance of
such payments, with the date of such discontinuance and the reason
therefor, and until such notices are sent to the commissioner and said
employee the liability for such payments shall continue, unless other
wise ordered by the commissioner.
Medical examS e c . 5362. At any time while claiming or receiving compensation*
lnations.
upon the reasonable request of the employer or at the direction of the
commissioner, an injured employee shall submit himself to examina
tion by a reputable practicing physician or surgeon provided and paid
by the employer, with a view to a determination of the nature of the
injury and the incapacity resultant therefrom. At any such examina
tion the injured employee shall be allowed to secure the attendance of
any reputable practicing physician or surgeon provided and paid by
himself. The refusal of an injured employee thus to submit himself to
a reasonable examination shall suspend his right to compensation dur
ing such refusal.
Hearings.
S e c . 5363. If an employer and his injured employee, or his legal
representative as the case may be shall fail to reach an agreement in
regard to compensation under thit chapter, either party may notify
the commissioner of the failure. Upon such notice, or upon other
knowledge that an agreement has not been reached in a case in which
compensation is claimed, the commissioner shall appoint an early hear
ing upon the matter, giving both parties due notice of time and place
not less than 10 days prior to the date appointed. Hearings shall be
held, if practicable, in the town in the State in which the injured em
ployee resides; and, if such place is not practicable, in such other con
venient place as the commissioner may prescribe. Sufficient notice
of such hearing may be given to the parties in interest by a brief written
statement in ordinary terms of the date, place, and nature of the injury
upon which the claim for compensation is based.
C o n d u c t of
S e c . 5364. Both parties may appear at any hearing, either in person
hearings.
Qr ^ attorney or other accredited representative, and no formal plead
ings shall be required beyond such informal notices as the commission
shall approve. In all cases and hearings under the provisions of this
chapter the commissioner shall proceed, so far as possible, in accordance
with the rules of equity. He shall not be bound by the ordinary
common law or statutory rules of evidence or procedure, but may make
inquiry in such manner, through oral testimony or written and printed
records, as is best calculated to ascertain the substantial rights of the
parties and carry out justly the spirit of this chapter. No fees shall be
taxed or charged to either party by the commissioner in connection
with any hearing or other procedure, but the commissioner shall fur
nish at cost certified copies of any testimony, award, or other matter
which may be of record in his office. Witnesses subpoenaed by the
commissioner shall be allowed such fees and traveling expenses as are
allowed in civil actions, to be paid by the party in whose interest such
witnesses are subpoenaed.
Awards.
S e c . 5365 (as amended by ch. 142, acts of 1919). As soon as may be
after the conclusion of any hearing the commissioner shall send to each
party a written copy of his findings and award, and shall file a third

TEXT OF LAW S---- CONNECTICUT.

copy in Ms office. The original award shall be filed in the office of the
clerk of the superior court for the county in which the injury occurred
if such injury occurred within this State. If such injury occurred out
side of the State and under such circumstances as to authorize an award
under the provisions hereof >the original award may be filed in the office
of the clerk of the superior court in the county in which the office of
the commissioner making the award is located. If no appeal from his
decision is taken by either party within 10 days thereafter, such finding
and award shall be final and may be enforced in the same manner as a
judgment of the superior court. The superior court is authorized to
issue execution upon any uncontested or final award of a commissioner
in the same manner as in cases of judgments rendered in the superior
court. In cases where, through the fault or negleet of the employer or
insurer, adjustments of compensation have been unduly delayed, or
where, through such fault or neglect, payments have been unduly
delayed, the commissioner may include in his award interest at 6 per
centum per annum. In cases where there has been delay in either
adjustment or payment, which delay has not been due to the fault or
neglect of the employer or insurer, whether such delay was caused by
appeals or otherwise, the commissioner may allow interest at such rate,
not to exceed 6 per centum per annum, as may be fair and reasonable,
taking into account whatever advantage the employer or insurer, as
the case may be, may have had from the use of the money, the burden
of showing that the rate in such case should be less than 6 per centum
per annum to be upon the employer or insurer.
S e c . 5366 (as amended by ch. 142, acts of 1919). At any time
Appeal
within 10 days after entry of such finding and award by the commis
sioner either party may appeal therefrom to the superior court for the
county in which the award was filed. The clerk of said court shall
notify the adverse party of such appeal. No bond for prosecution shall
be required on any such appeal unless property of the defendant is
attached therein. Actions brought to the superior court under the
provisions of this section shall be privileged in respect to their assign
ment for trial over all other actions except writs of habeas corpus and
actions brought by or on behalf of the State, including informations on
the relation of private individuals. No costs shidl be taxed in favor
of either party on any such appeal either in the superior court or in the
supreme court of errors, nor shall either party be liable to pay any fees
or costs of any kind whatsoever, except the record fee on appeal to the
supreme court of errors: Provided, Whenever any appeal shall be taken
to the superior court from the finding and award of a compensation
commissioner, and such appeal shall be found by said court to be
either frivolous, or taken for the purpose of vexation or delay, said
court may tax costs in its discretion against the person so taking such
appeal. When any appeal is pending, and shall appear to the court
that any part of the award appealed from is not affected by the issues
raised by such appeal, the court may, on motion or of its own motion,
render a judgment directing compliance with any portions of such
award not affected by such appeal. In all appeals where one of the
parties is not represented by counsel, and where the party taking the
appeal shall not claim the case for trial within a reasonable time from
the return day, the court may of its own motion affirm the awards
When an appeal is taken to the superior court the clerk thereof shall
forthwith notify the commissioner from whose award the appeal is
taken, in writing, of such fact, and shall thereafter notify such com
missioner, in writing, of any action of the court thereupon and of the
final disposition of said appeal, whether by judgment, withdrawal, or
otherwise, and shall, upon the decision of the appeal, furnish the com
missioner with a copy of such decision.
S e c . 5367. When he finds it just or necessary the commissioner may Lump
approve or direct the commutation, in whole or in part, of weekly com
pensations under the provisions of this chapter into monthly or quarterly
payments, or into a single lump sum, which may be paid to the one
then entitled to the compensation, and such commutation shall be
binding upon all persons who may be entitled to compensation for the
injury m question. In any such case of commutation a true equiva
lence of value shall be maintained, with due discount of sums payable

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in the future; and when commutation is made into a single lump sum
the commissioner may direct that it be paid into any savings bank,
trust company, or life insurance company which is authorized to do
business within this State, to be held in trust for the beneficiary or
beneficiaries under the provisions of this chapter and paid in conformity
with the provisions of this chapter.
S u b stitu te gEC 5368. With the approval of the State insurance commissioner
schemes.
any employer subject to the provisions of part B may enter into an
agreement with his employees to provide a system of compensation,
benefit, and insurance in lieu of the compensation and insurance pro
vided by this chapter. No such substitute system shall be approved
unless it confers benefits upon injured employees at least equivalent to
the benefits provided by this chapter, nor shall any such substitute
system be approved which contains an obligation of employees to join
in it as a condition of employment, or which in that case does not
contain equitable provision for the withdrawal of employees from it
and the distribution of its assets. If any such system requires con
tributions from employees it shall not be approved unless it confers
benefits in addition to those provided under this chapter at least
commensurate with such contributions. The insurance commis
sioner, having given his approval of such substitute system, shall
have over it all the jurisdiction given him by section 4064 over
insurance companies. He may withdraw his approval upon reason
able notice to the employer and order a distribution of the assets,
subject to the right of any party in interest to take an appeal to the
superior court for Hartford County.
G u a r a n ty of
S e c . 5369. Every employer subject to part B who shall not furnish
payments.
to the commissioner satisfactory proof of his solvency and financial
ability to pay directly to injured employees or other beneficiaries the
compensation provided by this chapter shall insure his full liability
under part B in one or both the following ways: (1) By filing with the
insurance commissioner in form acceptable to him security guarantee
ing the performance of the obligations of this chapter by said employer;
or, (2) by insuring his full liability under part B in such stock or mutual
companies or associations as are or may be authorized to take such risks
in this State, or by such combination of the above-mentioned two
methods as he may choose, subject to the approval of the insurance com
missioner.
Provisions of
S e c . 5370. Every policy insuring the payment of compensations
policies.
under this chapter shall contain a clause to the effect that as between
the employee and the insurer notice and knowledge of the occurrence
of injury by the insured shall be deemed notice and knowledge by the
insurer, that jurisdiction of the insured for the purposes of this chapter
shall be jurisdiction of the insurer, and that the insurer shall in all
things be bound by and subject to the findings, judgments, and awards
rendered against such insured.
Same.
Sec. 5371. No policy of insurance against liability under part B
except as provided in section 5369, shall be made unless the same shall
cover the entire liability of the employer thereunder and shall contain
an agreement by the insurer that, in case the insured shall become
insolvent or be discharged in bankruptcy during the period that the
policy is in operation, or the compensation, or any part of it, is due
and unpaid, or in case an execution upon a judgment for compensa
tion is returned unsatisfied, an injured employee or other person enti
tled to compensation under the provisions of this chapter, may enforce
his claim to compensation against the insurer to the same extent that
the insured could have enforced his claim against such insurer had he
paid compensation. Nothing herein contained shall prevent the issu
ance of an insurance policy, insuring any employer having ordinarily
and regularly less than five employees against such liability under
part B as he^may incur by reason of employing five or more employees
at irregular intervals or from time to time.
Waivers.
Sec. 5372. No contract, expressed or implied, no rule, regulation,
or other device shall in any manner relieve any employer, in whole or
in part, of any obligation created by this chapter, except as herein set
forth.

TEXT OF LAW S---- CONNECTICUT,

381

S e c . 5373. When any employee affected by the provisions of this Incompetents,
chapter, or any person entitled to compensation hereunder, shall be a
minor, or mentally incompetent, his parent, or guardian duly ap
pointed, may, on his behalf, perform any act or duty required or exer
cise any right conferred by the provisions of this chapter with the
same effect as if such person were legally capable to act in his own behalf
and had so acted. The commissioner may, for just cause shown,
authorize or direct the payment of compensation directly to a minor,
or to some person nominated by the minor and approved by the com
missioner, which person shall act in behalf of such minor.
S e c . 5374. All fees of attorneys, physicians or other persons for Feesservices under this chapter shall be subject to the approval of the
commissioner.
S e c . 5375. All sums due for compensation under the provisions of Status of paythis chapter shall be exempt from levy, attachment, and execution ments*
and shall be nonassignable before or after award. The rights of com
pensation granted by this chapter, reckoned at their present value,
shall have the same preference against the assets of an employer as
may be allowed by law to a claim for the unpaid wages of workmen
earned within three months.
S e c . 5376. Compensations payable under this chapter shall be
M°de of paypaid at such particular times in the week and in such manner as the ment*
commissioner may order, and shall be paid directly to the persons
entitled to receive them unless the commissioner, for good reason, shall
order payment to those entitled to act for such persons.
S e c . 5377. Any notice under this chapter required to be served upon .Service of no
employer, employee, or commissioner may be served in the manner tlce*
prescribed in section 5343, unless the circumstances of the case or
the rules of the commission shall direct otherwise.
S e c . 5378. The town clerks of the several towns are authorized and Duty of town
directed to receive from the commission such blank forms as may be clerksprepared for use under this chapter and to distribute the same to persons
making proper application for them.
S e c . 5379. This chapter shall not affect the liability of employers to
Interstate comemployees engaged in interstate or foreign commerce, for death or injury merce*
in case the laws of the United States provide for compensation or for lia
bility for such death or injury.
S ec . 5380. I f an employer has accepted the provisions of part B of Failure to comthis chapter and thereafter fails to conform to any provision of section p y with act*
5369, an employee shall have the option to elect, either to claim his
right to compensation under the terms of this chapter, or to bring an
action to recover damages under the terms of part A, and if such em
ployer be a corporation or joint stock association, such action may
be brought against any or all the directors of such corporation, or joint
stock association, who shall be individually and jointly and severally
liable for any damage suffered by such employee. If the injury sus
tained results in death, the option to elect shall be exercised by those
persons entitled to compensation under the terms of section 5349. In
the event of a failure by such persons to agree upon the election, the
commissioner shall decide and his decision shall be final. The option
to elect to bring an action to recover damages under the terms of part A
shall be exercised by notifying the employer within 30 days after re
ceiving the injury upon which such claim is based, and such action
shall be brought within one year from the date of such injury. If the
employer is not so notified, there shall remain only the right to compen
sation under the terms of this chapter. If an employer has accepted the
provisions of part B of this chapter and thereafter fails to conform to any
‘ on of part B, he shall be fined not more than $100 for each such
S e c . 5381 (as amended, ch. 142, acts of 1919). Any employer who
S u b s titu te
has complied with the provisions of section 5368 of the general statutes sc emes*
by entering into an agreement with his employees to provide a sys
tem of compensation, benefit, and insurance in lieu of the compensa
tion and insurance provided by chapter 284 of the general statutes,
which agreement has been approved by the insurance commissioner;
or any employer who has complied with the provisions of section
5369 of the general statutes by filing with the insurance commissioner

382

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 i t e d s t a t e s .

security guaranteeing the performance of his obligations under chap
ter 284 of the general statutes; or by insuring his full liabilityr or by
a combination of the two last-named methods approved by the in
surance commissioner^ may file in the office of the commissioner, who
may have jurisdiction in case of injury, a certificate issuing out of the
office of the insurance commissioner stating that such substitute system
has been approved or that such security guaranteeing the performance
of the obligations of said chapter has been filed with and accepted by
said insurance commissioner, or that a combination of the methods con
templated in section 5369 of the general statutes has been approved.
Any employer who has insured his full liability may file a certificate,
in the manner prescribed in section 5414 of the general statutes, setting
forth such fact and stating the date of expiration of such insurance,
which certificate shall thereupon become a part of the records of the
office of said compensation commissioner.
Attachments.
S e c . 5382. When any person shall present in writing to the com
missioner a claim for compensation, either for injury sustained by him
self arising out of and in the course of his employment or for injury
resulting in the death of some person of whom fie is an alleged de
pendent, he may ask that a writ of attachment issue to secure the
payment of such claim or claims for compensation as may arise out of
such injury. Unless it shall appear from the records of said commis
sioner that there has been a compliance with the provisions of section
5368 or 5369, which compliance is then effective, said commissioner
may issue a writ of attachment in the manner and form of writs of
attachment in civil actions, and said commissioner is vested with the
same jurisdiction as authorities authorized to issue writs of attachment
in civil actions. Should any such writ be issued and should it there
after appear to the satisfaction of the commissioner that there has been
a compliance with the provisions of section 5368 or 5369, which com
pliance was then effective and applicable to the injury in question, the
commissioner may thereupon vacate such writ of attachment on the pay
ment by the employer of the expense actually incurred under said writ
of attachment. The several compensation commissioners are vested
with the authority of the various courts to dissolve attachments made
undei the authority herein beiore conferred, and on the dissolution of
an attachment may require the substitution of a bond in the same
manner as any court upon the dissolution of attachments in civil actions.
Reference
to
gEC> 5383 (as amended by ch. 142, acts of 1919). When, in any case
supreme court. arjsing under the provisions of said chapter, the superior court shatl be of
opinion that the decision involves principles of law which are not free
from reasonable doubt, and which public interest requires shall be
determined by the supreme court of errors, in order that a definite rule
be established applicable to future cases, said court may, on its own
motion and without any agreement or act of the parties or their counsel,
reserve such case for the opinion of the supreme court of errors. Upon
a reservation so made, no costs shall be taxed in favor of either party,
and no entry fee, record fee, judgment fee or other clerk’s fee in either
court shall be taxed. Where the commissioner shall find that a claim
before him involves a doubtful question of law, which the public interest
requires should be finally and definitely determined, lie may find
the facts as in other cases and make his award, indicating that it-is
pro forma. A pro forma award shall be of the same effect as an award in
ordinary cases except in the following particulars: On the filing of a
pro forma award the question shall eome before the superior court as
though an appeal had been taken, and said court shall thereupon reserve
the case for the opinion of the supreme court of errors in the manner
herein indicated: Provided, In the opinion of the superior court the
principles of law involved in the decision are in fact free from reasonable
doubt, and the public interest does not in fact require that they be
determined by the supreme court of errors, the superior court may, in
its discretion, hear and determine the controversy as in other cases.
Whenever a compensation commissioner shall have reason to believe
that any employer who has furnished, in accordance with the pro
visions of section 5369 of the general statutes, satisfactory proof of
his solvency and financial ability to pay compensation direct to in
jured employees or other beneficiaries, is dilatory in investigating or

TEXT OF LAW S---- CONNECTICUT.

883

adjusting claims, or making payments, or fails to comply with the pro
visions of said chapter or the rules, procedure and forms adopted by the
commission, he may, after due^ hearing, find the facts, and, in case he
finds proven the neglect or misconduct hereinbefore set forth, may
revoke any certificate which may have been granted to such employer,
even though the solvency and financial condition of such employer
be beyond question.
Sf.c. 5384. Whenever any person having a contract of employment, Waivers
alor desiring to enter into a contract of employment, shall have any lowed»
physical defect which imposes upon his employer or prospective
employer an undue or unusual hazard, it shall be permissible for
such person to waive in writing for himself or his dependents, or
both, any rights to compensation under the provisions of this chapter
for any personal injury arising out of and in the course of his employ
ment wnich may be found by the commissioner havin" jurisdiction
to be directly due to such physical defect. No such waiver shall be
come effective unless the physical defect in question shall be plainly
described therein, nor until the commissioner having jurisdiction
shall find that the person signing such waiver fully understands the
meaning thereof, nor until such commissioner shall, in writing, approve
thereof and furnish each of the parties thereto with a copy thereof.
No such waiver shall be a bar to a claim by the person signing the same,
or his dependents, for compensation for any injury arising out of and
in the course of his employment, which injury shall not be found to
be directly due to the particular condition described therein.
S e c. 5385 (as amended by ch. 142, acts of 1919). Whenever the Power over lneompensation commissioners, or a majority of them, stall find that any paSJJf
com‘
insurance company or association insuring the liability of an employer
under the provisions of said chapter is conducting such business
improperly or is dilatory in investigating and adjusting claims or making
payments, or fails to comply with the provisions of said chapter or the
rules, procedure and forms adopted by the commission, then said
commissioners, or a majority of thpm, shall notify the insurance com
missioner, in writing, setting forth the facts, and thereupon the in
surance comirissioner shaP fix a time and r>lace for a hearing thereon
giving reasonable notire to the commissioners and to such company or
association of such hearing, and if he shall find the allegations to be
true, he may either suspend for a time or revoke the license of such
company or association to transact such business in this State. When
ever the compensation commissioners; or a majority of them, shall have
reason to believe that any employer who has filed with the insurance
commissioner security for the performance of the obligations of said
chapter in accordance with section 5369 of the general statutes, is
dilatory in investigating or adjusting claims, or in making payments,
or fails to comply with the provisions of said chapter, or the rules,
procedure and forms adopted by the commission, they may notify
the insurance commissioner, in writing, setting forth the facts, and
thereupon the insurance commissioner shall fix the time and place for
a hearing thereon, giving reasonable notice to the commissioners and
to such employer, and if he shall find the allegations to be true, then
after ten days from the notice of such finding to such employer, the
compliance of such employer with the terms of section 5369 of the gen
eral statutes shall be, as to any future injuries, null and void.
Sec. 5386. Whenever any fees or expenses are, under the provisions Fees and exof this chapter, to be paid by the employer or insurer, and not by the Penses*
employee, the commissioner may make an award directly in favor of
the person entitled, which award shall be filed in court, shall be subject
to appeal, and shall be enforceable by execution as in other cases.
Such award may be combined with an award for compensation in favor
of or against the injured employee or the dependent or dependents of
a deceased employee or be the subject of an award covering only such
fees and expenses.
Sec. 5387. The comptroller is directed to cause a digest of the .Digest of decidecisions of the compensation commissioners to be compiled, either inslons*
one volume or in parts, to include also decisions of the superior court
in compensation cases arid decisions or references to decisions of the
supreme court of errors in such cases, and to have published 2,500

384

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 f t h e UNITED STATES.

copies thereof for distribution by him as follows: To the commissioners,
700 copies; to the State librarian, 300 copies; and to the secretary of
the State, for sale by him at cost, 1,500 copies.
Definitions.
S e c . 5388 (as amended by ch. 142, acts of 1919). Terms in said
chapter are defined as follows: “ Commissioner” shall mean that com
pensation commissioner who has jurisdiction in the matter referred to
m the context. ‘ ‘ Commission” shall mean the five commissioners, or
a majority of them, acting as a board.^ “ Dependents” shall mean
members of the injured employee’s family or next of kin who were
wholly or partly dependent upon the earnings of the employee at the
time of the injury. “ Employee” shall mean any person who has
entered into or works under any contract of service or apprenticeship
with an employer, whether such contract contemplated the perform
ance of duties within or without the Stiate, but 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 of
the employer’s trade or business, or (c) a member of the employer’s
family dwelling in his house. “ Employer” shall mean any person,
corporation, firm, partnership, or joint-stock association, the State and
any public corporation within the State using the services of another
for pay; it shall include also the legal representatives of any such em
ployer. Masculine terms shall include males, females, and legal
persons. “ Outworker” shall mean a person to whom articles or
materials are given to be treated in any way on premisis not under
the control or management of the person who gave them out. As the
natural interpretation of the context may require, singular terms may
be taken to include the plural, and plural the singular. 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 of a contagious, communicable, or mental nature.
S e c . 5389. [Repealed by ch. 142, sec. 20, acts of 1919.]
Provisions sevS e c . 5390. I n case a n y provision of th is ch ap ter sh a ll b e h e ld b y th e
erabie.

courts to b e u n c o n stitu tio n a l a n d in v a lid , th e in v a lid ity of su c h pro
v ision sh a ll n o t a ffe ct a n y o th e r p ro vision w h ic h can b e g iv e n e ffe c t
w ith o u t th e p ro vision h e ld in v a lid .
P art

M utual associa-

S e c t io n

C— E m p l o y e r s ’ M u t u a l

5391. With

th e

Insurance.

approval of the insurance commissioner,

tions authorized. empi0yers who have accepted the provisions of part B of this chapter

Tobeapproved.

Membership.

Control.

and are bound to pay compensations to their employees thereunder,
may associate themselves, m accordance with the law for the forma
tion of corporations without capital stock, for the purpose of establish
ing and maintaining mutual associations to insure their liabilities under
this chapter, but no such association shall be formed to include em
ployers not in the same or similar trade or business or in trades or
businesses with substantially similar degrees of hazard of injury to
employees.
g EC 5392. With a view to his approval, the insurance commissioner
may require the incorporators of any such association to include in their
proposed certificate of incorporation such lawful provisions for the regu
lation of the affairs of the association and the definition of its powers
and the powers of its officers, directors, and incorporators as shall satisfy
him that it is well designed and wisely adapted to its proposed purposes.
When such a certificate, in form and substance acceptable to the insur
ance commissioner, has been approved b y and filed with the secretary
of the State, the incorporators shall forthwith cause copies thereof to be
filed in the offices of the insurance commissioner and each of the com
pensation commissioners.
S e c . 5393. Membership in such associations shall be limited to such
employers as are subject to part B of this chapter, and each association
shall have power, by appropriate by-laws, to provide for the admission,
suspension, withdrawal, or expulsion of members.
g EC 5394. Except as herein otherwise provided, such associations
shall be subject to the same regulation and control as is or may be im
posed by law upon other corporations or associations taking similar risks
m this State, and over them the insurance commissioner shall have all
the jurisdiction given him by section 4064 over insurance companies.

TEXT OF LAW S---- CONNECTICUT.

385

S e c . 5395. No policies shall be issued by any such association until
Policiestoissue.
members in such numbers and with such numbers of employees as the wheninsurance commissioner may decide will give a fair diffusion of risks
shall have obligated themselves to take policies immediately upon their
authorization, nor shall any policies be issued except such as the insur
ance commissioner shall have approved as conforming in all respects to
the requirements of this chapter. Conformably to the provisions of
section 5369 policies may b e issued covering claims only in excess of a
certain amount. If at any time, by the retirement of members, reduc
tion of number of employees, or other cause, the membership of any
association shall appear to the insurance commissioner no longer to
afford a fair diffusion of risks, he may suspend or forbid the further issue
of policies until the former conditions of the association have been
restored.
S e c . 5396. The affairs of all associations incorporated under this Officers.
chapter shall be managed by such officers and directors as may be
chosen in manner prescribed by the by-laws of the association: Pro
vided, Every member shall be entitled to cast at least one ballot in all Votes.
elections and votes; that any member having had for six months an
average of more than 100 and not more than 500 employees to whom he
is bound to pay compensation under this chapter shall be entitled to
cast two ballots; that each additional 500 employees shall entitle such
member to an additional ballot; and that no member shall be entitled
to cast more than eight ballots.
Sec. 5397. Each association shall have power to prescribe and enforce Rules for safety.
reasonable rules for safety regulations on the premises of its members,
and for that purpose its inspectors shall have free access to all such
premises during regular working hours.
Sec. 5398. Each association shall have power to determine the com Premiums.
parative premium rates for each occupation or risk insured by it and to
prescribe rates of cash premiums sufficient to cover the current cost.
Said premium rates shall prevail for the fiscal year of the associa
tion, but annually they may be changed at any time by the directors.
The current cost herein specified shall be such an amount as is estimated
to cover the expenses and the claims or portions of claims payable
within the same fiscal year within which they originated. Members of
each association shall be required to pay yearly in advance cash premi
ums for current costs, and in addition thereto an amount in negotiable
notes sufficient to maintain a reserve equal to that required of stock or
commercial casualty companies by the general statutes for similar
classes of risks. ^ These notes shall be payable on the call of the treas
urer of the association, as they may be required to meet estimated losses
or expenses in excess of the current cost or to meet claims covering
losses not payable within the same fiscal year within which the claim
originated. The directors may, in their discretion, fix rates of interest
on either notes or balances.
Assessments.
S e c . 5399. If an association is not possessed of funds sufficient for
the payment of incurred losses and expenses, it shall make an assess
ment for the amount needed to pay such losses and expenses, upon
the members liable to assessment therefor, in proportion to their sev
eral liabilities.
S e c . 5400. The funds of each association shall be invested by the Investments.
directors in the same classes as securities and in the same manner in
which the funds of domestic life insurance companies are by law re
quired or permitted to be invested.
S e c . 5401. Each association shall have power to determine the By-laws
and
premiums, contingent liabilities, assessments, penalties, and dividends
of its members and to enforce or administer the same without the
limitations imposed upon corporations without capital stock by section
3536. It shall also have power to make and amend by-laws or regula
tions not inconsistent with its certificate of incorporation for the
prompt, economical, and safe conduct of its affairs. All by-laws and
regulations of each association shall be filed with the insurance com
missioner, and shall be subject to his approval. If not disapproved
by him, they shall go into effect 30 days after filing, or at such later
date as may be indicated in the by-laws or regulations.

177982°—21—Bull. 272-

-25

386

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 f t h e u n i t e d s t a t e s .

Appeals.

S e c . 5402. From any decision or order of the insurance commissioner
affecting any association, such association shall have the right of
appeal to the superior court for Hartford County.
Part

Effect of insurance contract.

D — W o r k m e n ’ s C o m p e n s a t io n

I nsurance.

S e c t io n 5403. Whenever any employer of labor as defined in this
chapter shall insure his liability under this chapter with any company
authorized to transact a compensation insurance business in this State,
the contract of insurance between such employer of labor and such
insurer shall be a contract for the benefit of any employee., who shall
sustain an injury arising out of and in the course of his employment
by such insured by reason of the business operations described in the
policy while conducted at any working place therein described or
elsewhere in connection therewith, or in the event of such injury
resulting in death, for the benefit of the dependents of such employee.
Every such policy shall contain an agreement by the insurer to the
effect that the insurer shall be directly and primarily liable to the
employee and, in the event of his death, to his dependents to p a j
to him or to them the compensation, if any, for which the employer is
liable: Provided, Payment in whole or in part of such compensation
by either the employer or the insurer shall to the extent thereof be a
bar to the recovery against the other of the amount so paid.
Notice of hearS e c . 5404. When a claim for compensation by any such injured
ingsemployee or the dependent of an injured employee of an employer
who has insured his liability as aforesaid, shall not result in a voluntary
agreement and a hearing before a compensation commissioner shall be
necessary to determine such claim, the insurer shall receive the same
notice of such hearing as is by law required to be given to the employer
and shall thereupon be a party to the proceeding.
Awards.
S e c . 5405. In any such hearing the commissioner having jurisdic
tion may make his award directly against such employer, insurer or
both, and such award shall be enforceable in all respects as provided
by law for enforcing awards against an employer, and the proceedings
on hearing, finding, award, appeal and execution shall be in all re
spects similar to that provided by law as between employer and em
ployee.
Scope and vaS e c . 5406. As between any such injured employee or his dependent
lidity of contract. anc[ the insurer every such contract of insurance shall be conclusively
presumed to cover the entire liability of the insured, and no question
as to breach of warranty, coverage or misrepresentation by the insured
shall be raised by the insurer in any proceeding before the compensa
tion commissioner or on appeal therefrom.
False
stateS e c . 5407. No statement in an application for a policy of compensaments.
tion insurance shall vitiate such policy as between the insurer and the
insured, unless such statement shall be false and shall materially affect
either the acceptance of the risk or the hazard assumed by the insurer.
Forms to be apS e c . 5408. No insurer shall issue any policy of insurance purporting
proved.
to cover the liability of an employer under the provisions of this
chapter, until a copy of the form of such policy shall have been filed
with and approved by the insurance commissioner.
Damages
for S e c . 5409. When any insured shall knowingly make a material mismisstatements,
statement to any insurer to the damage of such insurer, such insurer
may recover just damages resulting from such misstatement.
Duty of insurS e c . 5414 (as amended by ch. 142, acts of 1919). Every insur
ance companies, ance company writing compensation insurance shall report in writing
to the board of commissioners, in accordance with rules by them pre
scribed, the name of the person or corporation insured, the day on which
the policy shall become effective, and the date of its expiration,
which report shall be made within one week from the date of the
policy. The cancellation of any policy so written and reported shall
not become effective until one week after notice of such cancellation
has been filed with the commissioner or commissioners with whom
such report is filed. Any insurance company violating any provision
of this section shall be fined not less than one hundred nor more than
one thousand dollars for each offense.

TEXT OF LAW S---- CONNECTICUT.

387

ACTS OF 1919.
Ch apter

251.— Claims o f injured workmen against the State.

S e c t io n 1. It shall be the duty of any compensation commissioner,
Compensation
immediately upon receiving from any department of the state notice for state empioyby any employee of said department, of claim for compensation, to eesserve a copy of such notice by mail upon the attorney general, and the
awards of the commissioners shall be paid from the funds of the State
appropriated by the general assembly for such purpose.
S ec . 2. The sum of $10,000 is appropriated for the purpose of car- Appropriation,
rying out the provisions of this act and to be available until the rising
of the general assembly at its January session, 1921.

DELAWARE.
ACTS OF 1917.
Ch a p t e r

233.— Compensation of workmen for injuries.

Chapter 90 of the Revised Code of the State of Delaware is hereby
amended by adding a new article thereto, entitled, “ Masters,
Apprentices and Employees—Article 5—The Delaware Workmen’s
Compensation Law of 1917,” and the following new sections to be
styled as 3193 a. section 94 to 3193 xx. section 143, inclusive.
Title.
3193 a. S e c t io n 94. This act shall be called and cited as “ The Dela
ware Workmen’s Compensation Law of 1917,” and shall apply to all
Application,
accidents occurring within this State, irrespective of the place where
the contract of hiring was made, renewed or extended, and shall not
apply to any accident occurring outside of this State.
Defenses abro3193 b. S ec . 95. In any action instituted by any person whatsoever
gated.
on or after the first day of September, A. D. 1917, to recover damages
for personal injury sustained by an employee by accident arising out
of and in the course of his employment within this State on or after said
date, or for death resulting from injury so sustained, it shall not be a
defense—
(a)
That the injury or death was caused in whole or in part by the
want of ordinary or reasonable care of, or by the negligence of, a fellow
employee; or
(o)
That the employee had either expressly or impliedly assumed
the risk of the injury; or
(c)
That injury was caused in any degree by the negligence of such
employee; but the foregoing provisions of this section shall not apply
to an action instituted by any person whatsoever to recover damages
Exceptions,
for injuries to or death of an employee who shall have elected not to
operate under the compensatory provisions of the subsequent sections
of this article, nor to an action instituted against any employer to
recover damages for injuries to or death of an employee, when such
employer shall have elected to operate under the compensatory pro
visions of the subsequent sections of this article: Provided, however,
That when both the employer and the employee shall have elected
not to operate under the compensatory provisions of the subsequent sec
tions of this article, then and in such case the employer shall be de
prived of the right of interposing the defenses mentioned in this sec
tion the same as though he alone had rejected the terms or the sub
sequent sections of this article,
3193 c. S e c . 96. In any action at law contemplated by the last
P l a i n t i f f to
show status.
preceding section the plaintiff shall be required to file with his declar
ation or other first pleading a certificate of the industrial accident
board showing the status of the injured employee and his employer at
at the time of the injury, with respect to election or refusal of the
employee and employer to be bound by the compensatory provisions
of this article.
pre. 3193 d. S e c . 97. Every employer and employee shall be conclusivelyElection
sumed.
presumed to have elected to be bound by the compensatory provi
sions of this article and to have accepted the provisions of this article,
respectively, to pay and to accept compensation for personal injury
or death by accident arising out of the course of the employment,
regardless of the question of negligence, and to the exclusion of all
other rights and remedies, unless, prior to such injury or death,
either party shall have given notice to the other party in the time
and manner hereinafter specified. A like presumption shall exist in
the case of all minors employed unless the notice above referred to be
given by or to the parent or guardian of such minor. Every election
to be bound by the compensatory provisions of this article shall be
New article.

388

TEXT OF LAW S---- DELAWARE.

389

conclusively presumed to be coextensive with the contract of hire
between the employer and employee.
3193 e. Sec. 98. Either an employer or an employee who has Waiving ex
excepted himself, by proper notice, from the operation of the com- emptions.
pensatory provisions of this article, may at any time, waive such
exemption and thereby accept the compensatory provisions of this
article by giving the notice provided in 3193 f. section 99 hereof.
3193 f. S e c . 99. Notice of election not to be bound as set forth in Notice of rejee3193 d. section 97 hereof, and notice of acceptance as set forth in 3193 tian:
e. section 98 hereof, shall be made in the following manner:
(а) By the employer by causing a printed notice thereof, in large By employer;
type, to be posted in a conspicuous place in the plant, shop, office,
room, or place where the employee is employed, and where it may
readily be seen by his employees, or by serving such notice personally
upon the employee. The employer shall also immediately following
the posting or serving of such notice, file with the industrial accident
board an affidavit showing compliance with the above provisions of
this section with respect to the posting or serving of such notice.
( б) By the employee by mailing to his employer at the place where B y employee,
said employee is employed, or to the employer’s office or place of
business, a written declaration in ordinary language of such election
or acceptance; or by serving such written declaration personally upon
the employer or any of his agents upon whom a summons in a civil
action may be served under the laws of the State. The employee
shall also immediately following the mailing or serving of such notice,
file with the industrial accident board an affidavit showing compliance
with the above provisions of this section with respect to mailing or serv
ing of such notice. Any such notice mentioned in this section shall be
given thirty days prior to any accident resulting in injury or death:
Provided, That if any such injury occurred less than thirty days after
the date of employment notice of such exemption or acceptance given at
the time of employment shall be sufficient notice thereof. Election
by both the employer and employee to be bound as set forth in this
section shall operate as a surrender by said parties of their rights to
any other form or amount of compensation or damages for any injury
or death arising out of and in the course of the employment or to any
method of determination thereof other than as provided in the com
pensatory provisions of this article, and when at the time of any injury,
both the employer and employee are bound as aforesaid, all other
persons whatsoever having any rights of any character, with respect
to, or growing out of such injury, or death resulting therefrom, shall
also be bound.
3193 g. Sec. 100. No agreement, rule, regulation, or other device Waivers,
shall in any manner operate to relieve any employer or employee in
whole or in part from any liability created by this article, except as
herein specified.
3193 h. Sec. 101 (as amended by chapter 203, acts of 1919). No Waiting time,
compensation shall be paid for any injury which does not incapacitate
the employee for a period of at least two weeks from earning full wages,
but if incapacity extends beyond the period of two weeks, compensa
tion shall begin on the fifteenth day after the injury: Provided, however,
that if such disability continues for four weeks or longer, such compen
sation shall be computed from the date of the injury. During the first
two weeks after the injury, the employer shall furnish reasonable
surgical, medical, and nospital services, medicines and supplies, as Medical, etc.,
and when needed, unless the employee refuse to allow them to be
furnished by the employer. The cost of such services, medicines and
supplies shall not exceed seventy-five dollars. If the employer shall,
upon application made to him, refuse to furnish such services, medi
cines, and supplies, the employee may procure the same, and shall
receive from the employer the reasonable cost thereof within the
above limitations. If the employee shall refuse reasonable surgical, Refusal,
medical, and hospital services, medicines, and supplies tendered to
him by his employer, he shall forfeit the right to compensation for any
injury or any increase in his incapacity shown to have resulted from
such refusal.

390

Funeral,
expenses.

o r k m

etc.,

e n ’s

c o m

p e n s a t io n

la w

o f

t h

u n it e d

s t a t e s .

3193 j. s EC„ 102. If death results from the injury within one year,

empl0yer shall pay the reasonable expenses of the last sickness
and burial of an injured employee, not exceeding one hundred dollars,
but without deduction of any amount theretofore paid for compensa
tion or for medical expenses.
Compensation
3193 j. S e c . 103 (as amended^ by^ chap. 203, acts of 1919). The
benefits.
following schedule of compensation is hereby established for injuries
resulting in total disability:
Total disability; (#) For the first four hundred and seventy-five weeks of total dis
ability, fifty per centum of the wages of the injured employee as
defined by this act as amended; but the compensation shall not be
more than fifteen dollars per week nor less than five dollars per week,
and shall not exceed in the aggregate the sum of four thousand dollars:
Provided, That if at the time of injury, the employee receives wages of
less than five dollars per week, then he shall receive the full amount
of such wages per week as compensation. Nothing in this paragraph (a)
shall require the payment of compensation after disability shall cease.
Should partial disability be followed by total disability, the period of
four hundred and seventy-five weeks mentioned in this paragraph (a)
of this section shall be reduced by the number of weeks during which
compensation was paid for such partial disability.
Partial disabii( 5) For disability for work partial in character (except the particular
cases mentioned in the next succeeding subsection (c) of this section),
fifty per centum of the difference between the wages received by the
injured employee before the injury and the earning power of the
employee thereafter, but such compensation shall not be more than
fifteen dollars per week. This compensation shall be paid during the
period of such partial disability for work; not, however, beyond two
hundred and eighty-five weeks. Should total disability for work be
followed by partial disability for work, the period of two hundred and
eighty-five weeks mentioned in this subsection (b) shall be reduced
by the number of weeks during which compensation was paid for such
total disability.
Schedule.
(c) j?or all permanent injuries of the following classes, the compen
sation, regardless of the earning power of such injured employee after
such injury, shall be exclusively as follows:
For the loss of a hand, fifty per centum of wages during one hundred
and fifty-eight weeks,
For the loss of an arm, fifty per centum of wages during one hundred
and ninety-four weeks.
For the loss of a foot, fifty per centum of wages during one hundred
and thirty-five weeks.
For the loss of a leg, fifty per centum of wages during one hundred
and ninety-four weeks.
For the loss of an eye, fifty per centum of wages during one hundred
and thirteen weeks.
For the loss of two or more of such members, not constituting total
disability, fifty per centum of wages during the aggregate of the period
specified for each.
Unless the board shall otherwise determine from the facts, the loss of .
both hands or both arms, or both feet, or both legs, or both eyes, or an
injury to the spine resulting in permanent and complete paralysis of
both legs, or both arms, or of one leg and one arm, or an injury to the
skull resulting in incurable imbecility or insanity, shall constitute
total disability for work, to be compensated according to the pro
visions of subsection (a) of this section. Amputation between the
elbow and the wrist shall be considered as the equivalent of the loss
of a hand, and amputation between the knee and ankle shall be con
sidered as the equivalent of the loss of a foot. Amputation at or above
the elbow shall be considered as the loss of an arm, and amputation
at or above the knee shall be considered as the loss of a leg. Permanent
loss of the use of a hand, arm, foot, leg, or eye shall be considered as
the equivalent of the loss of such hand, arm, foot, leg, or eye.
This compensation shall not be more than fifteen dollars per week,
nor less than five dollars per week: Provided, That, if at the time of
injury, the employee receives wages of less than five dollars per week,

TEXT OF LAW S-----DELAWARE.

391

then he shall receive the full amount of such wages per week as compensation.
(d)
Should the employee die as a result of the injury, the period Compensation
during which compensation shall be payable to his dependents under
•
the next succeeding section shall be reduced by the period during
which compensation was paid to him in his lifetime under this section
of this article. No reduction shall be made for the amount which may
have been paid for medical, surgical, and hospital services and medi
cines, nor for the expenses of last sickness and burial as hereinbefore
provided. Should the employee die from some other cause than the
injury as herein defined, the liability for compensation, expenses of
last sickness, and burial of such employee shall cease.
3193 k. S e c . 104 (as amended by eh. 203, acts of 1919). In case of Benefits,
death, compensation shall be computed on the following basis and
distributed to the following persons:
1. To the child or children, if there be no widow nor widower en
titled to compensation, twenty-five per centum of wages of deceased,
with ten per centum additional for each child in excess of two, with a
maximum of sixty per centum, to be paid to their guardian.
2 . To the widow or widower, if there be no children, twenty-five per
centum of wages.
3. To the widow or widower, if there be one child, forty per centum
of wages.
4. To the widow or widower, if there be two children, forty-five per
centum of wages.
5. To the widow or widower, if there be three children, fifty per
centum of wages.
6 . To the widow or widower, if there be four children, fifty-five per
centum of wages.
7. To the widow or widower, if there be five children or more, sixty
per centum of wages.
Such compensation to the widow or widower shall be for the use and
benefit of such widow or widower and of the dependent children, and
the industrial accident board may from time to time, apportion such
compensation between them in such way as it deems best. The indus
trial accident board, in its discretion, may require payments to be made
direct to a minor who has been injured, and may also require payments
to be made to the person caring for any dependent minor, when, in the
opinion of the industrial accident board, the expense of securing the
appointment of a guardian would be disproportionate to the amount
of compensation payable to such minor.
8 . If there be neither widow, widower, nor children, then to the
father and mother, or the survivor of them, if dependent to any extent
upon the employee for support at the time of his death, twenty per
centum of wages.
9. If there be neither widow, widower, children, nor dependent
parent, then to the brothers and sisters, if actually dependent to any
extent upon the decedent for support at the time of his death, fifteen
per centum of wages for one brother or sister, and five per centum addi
tional for each additional brother or sister, with a maximum of twentyfive per centum; such compensation to be paid to their guardian.
Compensation shall be payable under this section to or on account of
any child, brother, or sister, only if and while such child, brother, or
sister, is under the age of sixteen years. No compensation shall be
payable under this section to a widow, unless she was living with her
deceased husband at the time of his death or was then actually depend
ent upon him for support, but in such case, compensation shall be dis
tributed to the persons who would be dependents in case there were no
widow. No compensation shall be payable under this section to a
widower, unless he be incapable of self-support at the time of his wife’s
death, and be at such time dependent upon her for support.
The terms “ child” and “ children 75 shall include stepchildren and
adopted children and children to whom the deceased stood in loco
parentis, if members of the decedent’s household at the time of his death
and shall include posthumous children, but shall not include married
children.

392

W O RKM EN *S COMPENSATION LAW S OF TH E UNITED STATES.

Should any dependent of a deceased employee die, or should the
widow or widower remarry, or should the widower become capable of
self-support, the right of such dependent or such widow or widower to
compensation under this section shall cease.
Readjustments,
if the compensation payable under this section to or on account of
any person shall for any cause cease, the compensation of the remaining
persons entitled thereunder shall thereafter be the same as would have
been payable to them had they been the only persons entitled to com
pensation at the time of the death of the deceased: Provided, however,
That the period shall be reduced by the number of weeks during which
payments were made to the deceased or to any other person or class of
persons entitled.
Basic wages.
The wages upon which death compensation shall be based shall not
in any case be taken to exceed thirty dollars per week nor to be less
than ten dollars per week. Subject to the provisions of subsection (d)
of the last preceding section, this compensation shall be paid during
two hundred and eighty-five weeks, and in the case of children entitled
to compensation under this section the compensation of each child shall
continue after such period of two hundred and eighty-five weeks until
such child shall reach the age of sixteen years, at the rate of fifteen per
centum of wages if there be but one child, with ten per centum addi
tional for each additional child, with a maximum of sixty per centum.
Children are not entitled to compensation during the period that com
pensation is payable to their mother or father, except as herein provided.
Notice of acci- 3193 1 . S e c . 105. Unless the employer shall have actual knowledge
dents*
of the occurrence of the injury, or unless the employee or some one on
his behalf, or some of the dependents, or some one on their behalf, shall
give written or printed notice thereof to the employer within fourteen
days after the accident, no compensation shall be due until such notice
be given or knowledge obtained. If such notice be given or the knowl
edge obtained after fourteen days, but within thirty days after the acci
dent, the delay shall not bar compensation unless the employer shall
show that he was prejudiced thereby, and then only to the extent of
such prejudice. If such notice be given or the knowledge obtained
after thirty days but within ninety days after the accident, and if the
employee or other beneficiary shall show that his delay in giving notice
was due to his mistake or ignorance of fact or of law, or to his physical
or mental inability, or to fraud, misrepresentation, or deceit, of the
employer of some one authorized to represent such employer, or to any
other reasonable cause or excuse, then compensation shall be allowed,
except to the extent that the employer shall show that he was preju
diced by such delay. Unless knowledge be obtained or such notice
given within ninety days after the accident, no compensation shall be
allowed.
The notice referred to in this section shall be in writing and shall be
sufficient to inform the employer that a certain employee, by name and
residence, received an injury by accident (the character of which is
described in ordinary language), arising out of and in the course of his
employment on or about a time specified and at or near a place specified.
Medical exami3193
S e c . 106. After an injury, and during the period of resulting
na 10ns.
disability, the employee, if so requested by his employer, or ordered by
the industrial accident board, must submit himself for examination at
reasonable times and places and as often as may be reasonably requested,
to a physician or physicians legally authorized to practice his or their
profession under the laws of such place, who shall be selected and paid
by the employer. If the employee requests, he shall be entitled to
have a physician or physicians, qualified as aforesaid, of his own selec
tion, to be paid by him, present to participate in such examination.
For all examinations after the first the employer shall pay the reason
able traveling expenses and loss of wages incurred by the employee in
order to submit to such examination. The refusal of the employee to
submit to such examination or his obstruction of such examination shall
deprive him of the right to compensation under this act during the
continuance of such refusal or obstruction, and the period of such
refusal or obstruction shall be deducted from the period during which
compensation would otherwise be payable. No fact communicated to
or otherwise learned by any physician or surgeon who may have at-

TEXT OF LAWS---- DELAWARE.

393

tended or examined the employee, or who may have been present at
any examination, shall be privileged either in the hearings provided
for in this article, or in any action at law.
3193 n . S e c . 107. I f th e e m p lo y e r an d th e in ju re d e m p lo y e e , Gr his
d e p e n d e n ts in case of his d e a th , reach an ag reem en t in regard to co m
p e n sation in accordan ce w ith th e provisions of this a c tic le , a m e m o
ra n d u m of su ch a g reem en t, signed b y th e parties in in terest, shall b e
filed w ith th e in d u strial a c c id e n t b oard, an d if a p p roved b y it , shall be
d e e m e d final an d b in d in g u nless m od ified as p ro v id e d in 3193 p . section
109. S u c h a g reem en t shall b e ap p rove d b y said board o n ly w h e n the
term s thereof conform to th e provisions of th is a rticle.
3193 o. S e c . 108. If the employer and the employee, or his depend-

Agreements,

Notice of dis

ents in case of his death, foil to reach an agreement in regard to com- agreem
pensation under this article, or if, after they reach such an agreement,
the industrial accident board shall refuse to approve the same, either
party may notify the industrial accident board of the facts, and the Decision,
said board shall thereupon, after notice of the time and place of hearing
served on all parties in interest, hear and determine the matter in
accordance with the facts and the law, and state its conclusion of fact
and rulings of law.
3193 p. S e c . 109. On the application of any party in interest on Review,
the ground that the incapacity of the injured employee has subse
quently terminated, increased, diminished or recurred, or that the
status of the dependent has changed, the board may at any time, but
not oftener than once in six months, review any agreement or award,
and on such review may make an award ending-, diminishing, increas
ing, or renewing the compensation previously agreed upon or awarded,
and designating the persons entitled thereto, subject to the provisions
of this article, and shall state its conclusions of fact and rulings of law,
and immediately send to the parties a copy of the award; but this sec
tion shall not apply to a commutation of payments under 3193 t.
section 113.
3193 q. S e c . 110. In all hearings before the board it shall make such Procedure,
inquiries and investigations as it shall deem necessary. The hearings
of the board shall be held at some reasonable location in the city or
county where the injury occurred, and each award of the board shall
be in writing and shall be filed among its records, and a copy thereof
shall be served on each of the parties in interest within one week after
the making of such award.
3193 r. S e c. 111. An award of said board in the absence of fraud Awards,
shall be final and conclusive between the parties, except as provided
in 3193 p. section 109, unless, within ten days after a copy thereof has
been sent to the parties, either party appeals to the superior court for
the county in which the injury occurred. In case of every such ap- Appeals,
peal the cause shall be determined by the court from the record
(which shall include a typewritten copy of the evidence and the
finding and award of the board), without the aid of a jury, and the
court may reverse, affirm, or modify the award of the board, or remand
the cause to the board for a rehearing. In case any cause shall be
remanded to the board for a rehearing, the procedure and the rights
of all parties to such cause shall be the same as in case of the original
hearing before the board. The prothonotary shall not require any
deposit or security to cover the costs incident to the taking of any
appeals under this article.
The superior courts for the several counties of the State of Delaware
are hereby vested with jurisdiction to hear and determine all appeals
taken pursuant to this article. Said courts may, by proper rules,
prescribe the procedure to be followed in the case of such appeals:
Provided, however, That the court shall fix a time for such hearings at
the pending or next term of said court after the date of such appeal,
but the court may extend the time for adequate cause shown.
The decision of the court shall be in writing and shall show con- C0J et^sians
ormity to the provisions of this article, and shall be filed with the cour s*
fprothonotary of said court, and such prothonotary shall file a certified
copy thereof with the industrial accident board. When any such cer
tified copy of the decision of said court shall be filed as aforesaid it shall
be subject to the provisions of 3193 p. section 109, and if the board

394

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 f t h e u n i t e d s t a t e s .

shall, in accordance with the provisions oi 3193 p. section 109, end,
diminish, increase, or renew the compensation, then and in such case
there shall be the same right of appeal as is provided in this section.
Costs.
Costs may be awarded by said court in its discretion, and when so
awarded the same costs shall be allowed, taxed, and collected as are
allowed, taxed, and collected for like services in the same court.
Medical advis- Upon the hearing of any appeal the court may, in its discretion, apC1S‘
point one or more impartial physicians or surgeons to examine the
injuries of the claimant and to report thereon to the court. Said court
shall have power to fix the compensation of such physicians or sur
geons, and to tax the same as a part of the costs of the proceedings.
Such report shall not be conclusive of the facts therein stated, but shall
be advisory only.
Alien bencficia3193 B
m s EC. 1 1 2 . Compensation under this article to alien dependnesent widows and children not residents of the United States, shall be
one-half of the amount provided in each case for residents; and the
employer may at any time commute all future installments of compen
sation payable to alien dependents, not residents of the United States,
by paying to such alien dependents the then value thereof, calculated
in accordance with the provisions of 3193 t. section 113 of the act to
which this is an amendment. Alien widowers, parents, brothers, and
sisters, not residents of the United States, shall not be entitled to any
compensation. Nonresident alien dependents may be officially rep
resented by the consular officers of the nation of which such alien or
aliens may be citizens or subjects, and in such cases, the consular
officers shall have the right to receive for distribution to such nonresi
dent alien dependents, all compensation awarded hereunder, and the
receipt of such consular officers shall be a full discharge of all sums paid
to and received by them.
Lumpsums.
3193 t. S e c . 113. The compensation contemplated by this article
may be commuted by said industrial accident board at its present
value when discounted at five per cent interest, with annual rests, dis
regarding (except in commuting payments due under subsection (a)
3193 j, sec. 103, of this article) the probability of the beneficiary’s death,
upon application of either party, with due notice to the other, if it
appear that such commutation will be for the best interest of the em
ployee or the dependents of the deceased employee, or that it will
avoid undue expense or undue hardship to either party, or that such
employee or dependent has removed or is about to remove from the
tJnited States, or that the employer has sold or otherwise disposed of
the whole or the greater part of his business or assets.
Upon paying such amount the employer shall be discharged from
all further liability on account of the injury or death. Commutation
shall not be allowed for the purpose of enabling the injured employee
or the dependents of a deceased employee to satisfy a debt (other than
a mortgage upon his or their home or household furniture, created be
fore the accident).
Deposits.
3 1 9 3 u . Sec. 114 (as amended by chap. 203, acts of 1919). At any
time after the entry of the award, or after the filing of the agreement
for compensation, a sum equal to all future installments of compensa
tion, may (where death or the nature of the injury renders the amount
of future payments certain) by leave of the industrial accident
board, be paid by the employer to any savings bank or trust company
approved by said board and chartered and doing business in this State
and having an office in the county in which the award was entered, and
such sum, together with all interest arising from the investment thereof,
shall thereafter be held in trust for the employee, or his dependents,
who shall have no further recourse against the employer.
Such payment of such sum by the employer shall operate as a satis
faction of such award or agreement as to the employer.
Payments from said fund shall be made by the said trustee on orders
from the industrial accident board in the same amounts and at the
same periods as are herein required of the employer. If, after liability
shall have ceased, any balance of said fund shall remain, the same shall
be returned to the employer who deposited the same, on an order
signed as aforesaid.

TEXT OF LAWS---- DELAWARE.

395

3193 v. Sec. 115. In case of personal injury, all claims for compen- Limitation of
sation shall be forever barred unless, within one year after the acci- one year
dent, the parties shall have agreed upon the compensation as before
provided, or unless, within one year after the accident, one or more of
the interested parties shall have appealed to the industrial accident
board as in this article provided. In case of death, all claims for
compensation shall be forever barred, unless, within one year after the
death, the parties shall have agreed upon the compensation as before
provided, or unless, within one year after the death, one or more of the
interested parties shall have appealed to the industrial accident
board as in this article provided. Where, however, payments of com
pensation have been made in any case, said limitation shall not take
effect until the expiration of one year from the time of the making of
the last payment.
3193 w. S e c. 116. The governor shall, within thirty days after the industrial acciapproval of this article by the governor, appoint three competent perboard,
sons to be known as the “ Industrial Accident Board,” which board
shall have jurisdiction of all cases arising under the compensation
schedule of this article. Such appointments shall originally be as fol
lows: One member shall be appointed for the term of two years, an
other for the term of four years, and another for the term of six years. Term.
Thereafter, as the terms of office of members expire, either by death,
resignation, removal from the State, or otherwise, appointments shall
be made for terms of six years each.
Each person appointed under the provisions of this section shall hold
office until his successor is appointedand qualified. The governor may
remove any member of said board with or without cause. Each mem
ber, before entering upon the duties of his office, shall take the consti
tutional oath required of State officers. Said board shall provide itself
with a seal for authentication of its orders, awards^ and proceedings,
upon which shall be inscribed the words—“ Industrial Accident Board
—Delaware—Seal. ”
The board shall organize by choosing one of its members as presi- Organization,
dent and may appoint a secretary to be selected by the board at a sal
ary not exceeding twenty-five hundred dollars per year, and may re
move said secretary with or without cause, and appoint a successor.
The board may also employ such clerical and other assistants as it may
deem necessary, and subject to like approval, fix the compensation of
all persons so employed.
The members of said board and its assistants shall be entitled to ' Expenses,
receive from the State, their actual and necessary expenses while traA-eling on the business of the board, but such expense shall be sworn to
by the person who incurred the same, and any such person falsely
making any such report shall be guilty of perjury and^ punishable
accordingly. The salary of the members of the board and its assistants
shall be paid monthly in the same manner as the salaries of State offi
cers are paid, and the expenses of said board, after approval by two
members and the State auditor, shall be paid by the State treasurer
out of the general funds of the State.
^
#
,
It shall be the duty of said board to maintain and keep open during Duties,
reasonable hours an office adequate for the transaction of its business.
It shall keep a record of all its proceedings and such other books and
records as shall be required by the proper and efficient administration
of this article.
It shall hear disputes as to compensation to be paid under the pro
visions of this article, make its own rules of procedure for carrying out
the provisions of this article, furnish blanks for information^ record all
awards, and shall have power to compel the attendance of witnesses.
It shall have the power to issue subpoenas and administer oaths in Powers,
any proceeding and m all other cases where it may be necessary in the
exercise of its powers and duties, and to examine persons as witnesses,
take evidence, require the production of documents, and do all other
things conformable to law which may be necessary to enable it effect
ively to discharge the duties of office. Such oaths may be admin
istered and such subpoenas issued by any member of said board. Any
subpoena, process, or order of said board, or any notice or paper re
quiring service, may be served by any sheriff, deputy sheriff, consta-

396

w o r k m e n ’s c o m p e n s a tio n la w s o f t h e u n it e d s t a t e s .

ble, or any employee of the board, and return thereof made to said
board. Such officer shall receive the same fees as are now provided
by law for like service in civil actions: Provided, however, That the
employee of the board serving such notice shall not receive any fee,
but shall be paid his actual expenses. If any person shall, in pro
ceedings before said board, disobey or resist any lawful order or pro
cess, or misbehave during a hearing or so near the place thereof as to
obstruct the same, neglect to produce after having been ordered to do
so, any pertinent document, or refuse to appear after having been sub
poenaed, or upon appearing, refuse to take the oath as a witness, or
after having taken the oath, refuse to be examined according to law,
said board shall certify the facts under the hand of its secretary or pres
ident to any judge of the Supreme Court of the State of Delaware, who
shall thereupon hear the evidence as to the acts complained of, and if
the evidence so warrant, punish such person in the same manner and
to the same extent as for a contempt committed before the Superior
Court of the State of Delaware, or commit such person upon the same
conditions as if the doing of the forbidden act had occurred with refer
ence to the process of, or in the presence of said court.
The board may, with or without notice to either party, cause testi
mony to be taken or inspection of the premises where the injury oc
curred to be had, or the time-books or the payroll of the employer to
be examined.
Quorum.
A majority of the board shall constitute a quorum for the exercise of
any of the powers or authority conferred by this article, and a decision
or an award by a majority shall be valid. Each member of the board
Salary.
shall receive an annual salary of twenty-five hundred dollars. Said
board, may in any case, upon the application of either party, or on its
Physicians.
own motion, appoint a disinterested and duly qualified physician to
make any necessary medical examination of the employee, and testify
in respect thereto. Said physician shall be allowed a reasonable fee,
to be fixed by said board, not exceeding five dollars for each examina
tion, which shall be included by said board in its expense account:
Provided, however, That said board shall in every case receive the testi
mony of any physician called by either the employer, or the employee,
or the dependents of such employee.
Witness fees.
Witness^ fees and mileage shall be computed at the rate allowed to
Costs.
witnesses in the Superior Court of the State of Delaware. Costs legally
incurred may be taxed against either party, or apportioned between
the parties in the sound discretion of said board, as the justice of the
case may require.
study of acciSaid board shall inquire into the causes and results of industrial accien s‘
dents of every character, study the most advanced methods of safe
guarding against such accidents, inquire into the subject of fair com
pensation for those who are injured in such accidents, and for the fam
ilies of those who shall be killed as a result thereof, study the operation
and effect of this article, and make a full report in writing of its find
ings, together with such recommendations as it may deem proper, at
each session of the General Assembly of the State of Delaware. The
board shall prepare and cause to be printed and upon request, furnish
free of charge, to any employer or employee, such blank forms and
literature as it shall deem requisite to facilitate and promote the effi
cient administration of this article.
Accidents to be
3193 x. S ec . 117. Every employer bound by the compensatory prorepor e .
visions of this article shall hereafter keep a record of all injuries, fatal
or otherwise, received by his employees in the course of their employ
ment. Within ten days after knowledge of the occurrence of an acci
dent resulting in personal injury a report thereof shall be made in
writing by the employer to the industrial accident board on blanks to
be prociued from said board for that purpose. Upon the termination
of the disability of the injured employee the employer shall make a
supplemental report to the board. The said reports shall contain the
name and nature of the business of the employer, the location of his
establishment or place of work, the name, age, sex, and occupation of
the injured employee, and state the time, the nature, and cause of the
injury, and such other information as may be required for properly
carrying out the provisions of this article. Any employer who refuses

TEXT OF LAWS— DELAWARE.

397

or neglects to make a report required by this section shall, upon con
viction before any justice of the peace of this State, be punished by a
fine of not less than ten dollars nor more than fifty dollars for each of
fense, and in default of the payment of such fine may be imprisoned for
any period not exceeding twenty days.
Reports made in accordance with this section shall not be evidence Not to be used
against the employer in any proceedings under this article or otherwise, as evidence*
but shall be exclusively for the information of said board in securing
data to be used in connection with the performance of their duties in
making recommendations to the general assembly as hereinbefore pro
vided.
3193 y. Sec . 118. Every employer who accepts the compensation insurance,
provisions of this article shall insure the payment of compensation to
his employees, or their dependents, in the manner hereinafter provided,
and, while such insurance remains in force, he shall be liable to any
employee, or his dependents for personal injury or death by accident
only to the extent and in the manner herein specified.
3193 z. S e c . 119 (as amended by chapter 203, acts of 1919). Every Same,
employer under this article shall either insure or keep insured his
liability hereunder in some corporation, association, or organization
approved by the industrial accident board and authorized to transact
the business of workmen’s compensation insurance in this State, or
shall furnish to the industrial accident board satisfactory proof of his
financial ability to pay direct the compensation in the amount and
manner and when due as provided for in this article. In the latter Self-insurance,
case the board may, in its discretion, require the deposit of an accept
able security, indemnity, or bond to secure the payment of compensa
tion liabilities as they are incurred.
Whenever a self-insurer under this section shall enter into an agree
ment to pay compensation to an injured employee or his dependents
in case of his death, or whenever an award shall be made by the board
in favor of such injured employee or his dependents in case of his
death, the employer shall pay the full liability under said agreement
or award to a savings bank or trust company in accordance with the
provisions of 3193 u. section 114, and the said fund, together with all
interest arising from the investment thereof, shall be held and paid
out in accordance with the provisions of said last-mentioned section.
Failure on part of the employer to make such payment within 30
days after such an agreement or award shall forthwith terminate the
right of such employer to carry his own insurance.
3193 aa. S e c . 120. Every employer accepting the compensation Evidence
of
provisions of this article shall within 60 days after this article takes coinp
*
effect file with said board in form prescribed by it, and thereafter
annually or as often as may be required by said board, evidence of his
compliance with the provisions of 3193 z. section 119 of this article and
all other sections relating thereto.
If an employer refuses or neglects to comply with these provisions, Failure,
he shall be guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of ten cents per day for each employee in his
service at the time when the insurance became due, but not less than
one dollar nor more than fifty dollars for each day of such refusal or
neglect and until the same ceases, and shall be liable, during continu
ance of such neglect or refusal, to his injured employees, either for
compensation under this article or in an action at law for damages, in Suits,
which last case, upon proof that he has not complied with this section,
it shall not be a defense in such action:
(a) That the employee was negligent; or
(b) That the employee had assumed the risk of the injury; or
(c) That the injury was caused by the negligence of a fellow em
ployee.
Furthermore, if after the first day of January, 1918, any employer
shall be in default under 3193 z. section 119 for a period of thirty days,
he may be enjoined by the court of chancery of this State from carrying
on his business while such default continues.
3193 bb. Sec. 121. Whenever an employer has complied with the Certificate,
provisions of 3193 z. section 119 of this article relating to self-insur
ance, the industrial accident board shall issue to such employer a cer-

398

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

law s

of t h e

UNITED STATES.

tificate which shall remain in force for a period fixed by the board,
but the board may, upon at least sixty days’ notice and a hearing to
the employer, revoke the certificate upon satisfactory evidence for
such revocation having been presented. After the expiration of one
year from such revocation the board may grant a new certificate to
the employer upon his petition.
Mutualassocia3193 cc. S e c . 122. For the purpose of complying with the provition3*
sions of 3193 z. section 119, of this article, groups of employers may
form mutual insurance associations under the laws of this State, sub
ject to such reasonable conditions and restrictions as may be fixed
by the industrial accident board. Membership in such mutual
insurance associations, so approved, together with evidence of the
payment of premium dues, shall be evidence of compliance with the
provisions of 3193 z. section 119, of this article.
Benefit schemes. 3 1 9 3 dd. Sec. 123. Subject to the approval of the industrial acci
dent board, any employer may enter into or continue an agreement
with his employees to provide a system of compensation, benefit, or
insurance, in lieu of the compensation and insurance provided by this
article.
No such substitute system shall be approved unless it confers bene
fits upon injured employees at least equivalent to the benefits pro
vided by this article, nor if it requires contributions from the em
ployees, unless it confers benefits in addition to those provided under
this article at least commensurate with such contributions. Such
substitute system may be terminated by the industrial accident board
on reasonable notice and hearing to the interested parties, if it shall
be shown that the same is not fairly administered or if its operation
shall disclose latent defects threatening its solvency, or if for any sub
stantial reason it fails to accomplish the purposes of this article; and
in this case the board shall determine upon the proper distribution of
all remaining assets if any, subject to the right of any party in interest
to take an appeal to the superior court of this State.
Insurer bound. 3193 ee. Sec. 124. All policies insuring the payment of compensa
tion under this article must contain a clause to the effect that as be
tween the employee and the insurer, the notice to or knowledge of the
occurrence of the injury or death on the part of the insured shall be
deemed notice or knowledge, as the case may be, on the part of the
insurer; that jurisdiction of the insured for the purposes of this article
shall be jurisdiction of the insurer; and that the insurer shall in all
things be bound by and subject to the awards, judgments, or decisions
rendered against such insured.
Provisions
of
3 1 9 3 ff. S e c . 125. No policy of insurance against liability arising
policies.
under this article shall be issued, unless it contains the agreement of
the insurer that it will promptly pay to the person entitled to same
all benefits conferred by this article and all installments of the com
pensation that may be awarded or agreed upon, and that the obligation
shall not be affected by any default of the insured after the injury, or by
any default in the giving of any notice required by such policy or
otherwise. Such agreement shall be construed to be a direct promise
by the insurer to the person entitled to compensation enforceable in
his name.
Policies subject
3193 gg g EC 126. Every policy for insurance of the liability herein
t0 act*
specified shall be deemed to be subject to the provisions of this article.
No corporation, association, or organization shall issue any such policies
of insurance unless the form of policy and the stability of the company
shall have been approved by the industrial accident board: Provided,
however, That the industrial accident board may permit the issuance
of policies insuring against the loss from segregated risks of employment
if in the judgment of the board all the risks of the same employment
are sufficiently covered by other policies of insurance or otherwise
insured by the employer. Such policies for segregated risks shall be
deemed to be limited in their scope to the particular risks mentioned
therein. All questions as to the liability under such policies for
segregated risks and other policies or forms of insurance shall be deter
mined by the industrial accident board.
P a yment of
3193 hh. S e c . 127. Except as herein otherwise provided, all combenefits.
pensation payable under the compensatory provisions of this article

TEXT OF LAWS---- DELAWARE.

399

shall be payable in periodical installments, as the wages of the em
ployee were payable before the accident: Provided, however, That the
industrial accident board may, in its discretion, having regard to the
welfare of the employee and the convenience of the employer, authorize
compensation to be paid monthly or quarterly instead of weekly.
3193 ii. Se c . 128. No contractor or subcontractor shall receive Contractors,
compensation under this article, but shall be deemed to be an employer,
and all rights of compensation of the employees of any such contractor
or subcontractor shall be against their said employer and not against
any other employer.
3193 jj. S ec . 129. If any employee be injured as a result of his intoxication,
intoxication, or because of hi3 deliberate and reckless indifference to
'
danger, or because of his willful intention to bring about the injury or
death of himself or of another, or because of his willful failure or refusal
to use a reasonable safety appliance provided for him, or to perform a
duty required by statute, he shall not be entitled to recover damages
in an action at law, or compensation, or medical or hospital service
under the compensatory provisions of this article. The burden of proof
under the provisions of this section shall be on the defendant employer.
3193 kk. S e c . 130. Whenever an employee for whose injury or Joint employdeath compensation is payable under this article, at the time of the mentinjury, be in the joint service of two or more employers subject to this
article, such employers shall contribute to the payment of such com
pensation in proportion to their wage liability to such employee,
regardless of the question for whom such employee was actually work
ing at the time of the injury.
3193 11. S e c . 131. Whenever an injury for which compensation is Actions against
payable under this article shall have been sustained under circumparties,
stances creating in some other person than the employer a legal liability
to pay damages in respect thereto, the injured employee may, at his
option, either claim compensation under this article, orobtain damages
from or proceed at law against such other person to recover damages,
but he shall not proceed against both; and if compensation is awarded
under this article, the employer having paid the compensation or hav
ing become liable therefor, shall be subrogated to the rights of the
injured employee, or of his dependents to recover damages against
such third person, and may recover in his own name or that of the
injured employee from the other person in whom legal liability for
damages exists the indemnity paid or payable to the injured employee.
Any recovery against such third person in excess of the compensation
theretofore paid and thereafter payable by the employer (less the
cost of securing and collecting the same) shall be paid forthwith, when
collected, to the employee or the dependents.
3193 mm. S e c . 132. The right of compensation granted by this Status of payarticle shall have the same preference or priority for the whole amount mentsthereof against the assets of the employer as is now or hereafter may
be allowed by law for unpaid wages for labor.
Claims or payment for compensation due or to become due under this
article shall not be assignable, and all compensation and claims therefor
shall be exempt from all claims of creditors. If default shall be made
by the employer for thirty days after demand in the payment of any
amount due under this article, the same may be recovered in the same
manner as claims for wages are now collectible.
Fees of attorneys and physicians for services under the provisions Feesof this article shall be subject to the approval of the industrial accident
board.
3193 nn. S e c . 133. If an injured employee refuses employment Suspension of
suitable to his capacity, procured for him, he shall not be entitled to Pa^mentsany compensation at any time during the continuance of such refusal
unless, in the opinion of the industrial accident board, such refusal was
justifiable; and if an employee receives an injury for which compensa
tion is payable, after having received an injury in another employ
ment, he shall be entitled to compensation by the subsequent employer
(not being the employer for whom he worked at the time of the former
injury) for the subsequent injury in the same amount as if the previous
injury had not occurred.

400

W O R K M E N ^ COMPENSATION LAWS OF THE UNITED STATES.

Construction.

3193 oo. S e c . 134. Whenever in this article the singular is used,
the plural shall be included; where the masculine gender is used, the
feminine and neuter gender shall be included.
Employers.
3193 pp. S e c . 135. The following shall constitute employers
subject to the provisions of this article:
Every person, firm, association, and corporation (excepting the
employers mentioned in 3193 vv. sections 141 and 3193 ww. section
142 hereof), having in his or its service any employee as defined in
3193 qq., section 136 of this article. If the employer is insured, it shall
include his insurer as far as practicable.
Employees.
3193 qq. S e c . 136. The term “ employee” as used in this article
shall be construed to mean—
Every person in the service of every natural person, firm, association,
and corporation (excepting the employees mentioned in 3193 vv. sec
tion 141 and 3193 ww. section 142 hereof) under any contract of hire
for a valuable consideration, but not including any person whose em
ployment is casual and not in the regular course of the trade, business,
profession, or occupation of his employer, and not including persons
to whom articles or materials are given out to be made up, cleaned,
washed, altered, ornamented, finished, or repaired, or adapted for sale
in the workers’ own home, or on other premises not under the control or
management of the employer.
Injury.
3193 rr. S e c . 137. The terms ‘ ‘injury” and ‘ ‘ personal injury” as
used in this article shall be construed to mean only violence to the
physical structure of the body and such disease or infection as nat
urally results directly therefrom when reasonably treated, and when
ever death is mentioned as a cause for compensation under this article
it shall mean only death resulting from such violence and its resultant
effect when reasonably treated as aforesaid, and occurring within twcf
hundred and eighty-five weeks after the accident.
Restrictive
3193 ss. S ec . 138. The term “ personal injury” sustained by acci
clause.
dent arising out of and in the course of the employment:
(a) Shall not cover an employee except while he is engaged in, on,
or about the premises where his services are being performed, which
are occupied by, or under the control of, the employer (his presence
being required by the nature of his employment), or while he is engaged
elsewhere in or about his employer’s business where his services require
his presence as a part of such service at the time of the injury.
(b) It shall not include any injury caused by the willful act of another
directed against him by reasons personal to such employee and not
directed against him as an employee or because of his employment.
(c) It shall not include a disease or infection, except as it shall result
from the injury when reasonably treated.
Dependent.
3193 tt. S e c . 139. The term “ dependent” shall include all persons
other than the injured employee who are entitled to compensation
under the provisions of the elective schedule set forth in this article,
and wherever the context requires it shall be held to include the per
sonal representatives, and the widow or widower of the deceased, and
guardians of infants or trustees for incompetent persons.
Wages.
3193 uu. S e c . 140 (as amended by chapter 203, acts of 1919). Wher
ever in this act the term “ wages” is used it shall be construed to mean
the money rate at which the service rendered is recompensed under
the contract of hiring in force at the time of the accident, and shall not
include gratuities received from the employer or others; nor shall it
include board, lodging, or similar advantages received from the em
ployer, unless the money value of such advantages shall have been
fixed by the parties at the time of hiring; nor shall it include amounts
deducted by the employer, under the contract of hiring, for labor,
material, supplies, tools, or other things furnished or paid for by the
employer, and necessary for the performance of such contract by the
employee. In occupations involving seasonal employment or employ
ment dependent upon the weather, the employee’s weekly wages shall
be taken to be one-fiftieth of the total wages which he has earned from
all occupations during the year immediately preceding the accident,
unless it be shown that during such year, by reason of exceptional
causes, such method of computation does not ascertain fairly the earn-

TEXT OF LAWS---- DELAWARE.

401

ings of the employee, in which case the period for calculation shall be
extended so far as to give a basis for the fair ascertainment of his average
weekly earnings. In continuous employments, if immediately prior
to the accident, the rate of wages was fixed by the day or hour, or by the
output of the employee, his weekly wages shall be taken to be five and
one-half times his average earnings at such rate for a working day of
ordinary length, excluding earnings from overtime, and using as a basis
of calculation his earnings during so much of the preceding six months
as he worked for the same employer.
3193 vv. Sec. 141. This article shall not apply to farm laborers, Exemptions,
domestic servants, officers, and servants of the State, or any govern
mental agency created by it, nor to their respective employers, nor to
the employers or employees in any employment in which less than five
persons are employed.
3193 ww. S e c . 142. This article shall not apply to employees injured Interstate corn
er killed while engaged in interstate or foreign commerce, nor to their merce*
employers in case, and whenever, the laws of the United States provide
for compensation or for liability for such injury or death.
3193 xx. Sec. 143 (as amended by chapter 203, acts of 1919). This Act in effect,
act shall begin and take effect from the first day of January, A. D. 1918.
If any provision of this article shall be held to be void or uneonsti- Provisions sevtutional it is hereby provided that all other portions of the same, which erabIe*
are not expressly held to be void or unconstitutional, shall continue
in full force and effect.
Approved April 2, 1917.
177982°—21—Bull. 272------ 26

DISTRICT OF COLUMBIA.
ACTS OF 1919— S i x t y - s i x t h
P u b l ic

Act extended.

Scope.

Congress.

No. 6 .— Compensation o f workmen for injuries—Public employees.

S e c t io n 11. All the provisions of the act of Congress approved
September 7, 1916, entitled “ An act to provide compensation for em
ployees of the United States suffering injuries while in the performance
of their duties and for other purposes/’ 2 are hereby extended to
employees of the government of the District of Columbia so far as they
may be applicable, except to those members of the police and fire depart
ments of the District of Columbia who are pensioned or pensionable
under the provisions of the District of Columbia appropriation act
approved September 1, 1916. Such compensation as the commission
provided for in said act may award to employees of the government of
the District of Columbia shall be paid in the manner provided by law
for the payment of the general expenses of the government of the Dis
trict of Columbia. For carrying out the provisions of this section
there is appropriated $5,000; and the commissioners of the District of
Columbia shall submit annually to Congress, through the Secretary of
the Treasury, estimates of appropriations necessary for the foregoing
purpose.
Approved July 11, 1919.
2 See under United States.

402

HAWAII.
ACTS OF 1915.
Act No.

2 2 1 .— Compensation

o f workmen for injuries.

S ection 1 (as amended by act No. 227, acts of 1917). This act shall Scope of law.
apply to any and all industrial employment, as hereinafter defined. If
a workman receives personal injury by accident arising out of and in
the course of such employment, or by disease proximately caused by
such employment, or resulting from the nature of such employment, his
employer or the insurance carrier shall pay compensation in the
amounts and to the person or persons hereinafter specified.
S ec . 2. This act shall apply to employees (other than officials as Public empioyhereinafter defined) of the Territory, and all counties, and all other ments.
political subdivisions within the Territory now existing or which may
hereafter be created.
S ec . 3. No compensation shall be allowed for an injury caused (1) i n j u r i e s not
by the employee’s willful intention to injure himself or to injurecoveredanother, or ( 2) by his intoxication. If the employer claims an exemp
tion or forfeiture under this section the burden of proof shall be upon
him.
Sec. 4. The rights and remedies herein granted to an employee on Remedy exciuaccount of a personal injury for which he is entitled to compensation sive*
under this act shall exclude all other rights and remedies of such
employee, his personal representatives, dependents, or next of kin, at
common law or otherwise, on account of such injury.
Employers who hire workmen within this Territory to work outside
of the Territory may agree with such workmen that tne remedies under
this act shall be exclusive as regards injuries received outside this
Territory by accident arising out of and in the course of such employ
ment; and all contracts of hiring in this Territory shall be presumed to
include such an agreement.
S e c . 5. When any injury for which compensation is payable under Liability of
this act shall have been sustained under circumstances creating in
persons,
some other person than the employer a legal liability to pay damages in
respect thereto, the inji-red employee may, at his option, either claim
compensation under this act or obtain damages from or proceed at law
against such other person to recover damages; and if compensation is
claimed and awarded under this act any employer having paid the
compensation or having become liable therefor shall be subrogated to
the rights of the injured employee to recover against that person:
Provided, If the employer shall recover from such other person damages
in excess of the compensation already paid or awarded to be paid under
this act, then any such excess shall be paid to the injured employee, less
the employer’ s expenses and costs of action.
Sec. 6 . No contract, rule, regulation, or device whatsoever shall Contract i ng
operate to relieve the employer in whole or in part from any liability out'
created by this act.
Sec. 7. If death results from the injury within six months, the em- Death benefits,
ployer or the insurance carrier shall pay to the persons entitled to com
pensation or, if there be none, then to the personal representative of the
deceased employee, burial expenses not to exceed one hundred dollars
($10 0 ); and shall also pay to or for the following persons for the follow
ing periods a weekly compensation equal to the following percentages
of the deceased employee’s average weekly wages as defined in sec
tion 15:
(а) To the dependent widow or widower, if there be no dependent
children, forty per centum.
( б) To the dependent widow or widower, if there be one or two depen
dent children, fifty per centum, or if there be three or more dependent

404

W O R K M E N ’ S COMPENSATION LAWS OF THE UNITED STATES.

children, sixty per centum. Such compensation to the widow or
widower shall be for the use and benefit of .such widow or widower and
of the dependent children, and the industrial accident board may
from time to time apportion such compensation between them in such
way as it deems best.
(c) If there be no dependent widow or widower, but a dependent
child or children, then to such child or children thirty per centum,
with ten per centum additional for each child in excess of two, with a
maximum of fifty per centum, to be divided equally among such
children if more than one.
(d) If there be neither dependent widow, widower, nor child, but
there be a dependent father or mother, then to such parent, if wholly
dependent forty per centum, or if partially dependent twenty-five per
centum, or if both parents be dependent then one-half of the foregoing
compensation to each of them; or, if there be no such parents, but a
dependent grandparent, then to every such grandparent the same com
pensation as to a parent.
(e) If there be neither dependent widow, widower, child, parent,
or grandparent, but there be a dependent grandchild, brother, or sister,
or two or more of them, then to such dependents twenty-five per centum
for one such dependent and five per centum additional for each addi
tional such dependent, with a maximum of forty per centum, to be
divided equally among such dependents if more than one.
Dependents.
Sec. 8 . The following persons, and they only, shall be deemed
dependents and entitled to compensation under the provisions of
this act:
A child if under sixteen years of age, or incapable of self-support and
unmarried, whether ever actually dependent upon the deceased or not.
The widow only if living with the deceased, or actually dependent,
wholly or partially, upon him.
The widower only if incapable of self-support and actually depen
dent, wholly or partially, upon the deceased at the time of her injury.
A parent or grandparent only if actually dependent, wholly or par
tially, upon the deceased.
A grandchild, brother, or sister only if under sixteen years of age,
or incapable of self-support, and wholly dependent upon the deceased.
The relation of dependency must exist at the time of the injury.
An alien shall not be considered a dependent within the meaning
of this act unless actually residing within the United States, and any
alien dependent leaving the United States shall thereupon lose all right
to any benefits under this act.
Periods of comg EC. 9. The compensation herein provided for shall be payable
pensation.
during the following periods:
To a widow, until death or remarriage, but in no case to exceed
three hundred and twelve weeks.
To a widower, during disability or until remarriage, but in no case
to exceed three hundred and twelve weeks.
To or for a child, until sixteen years of age, but in the case of a child
incapable of self-support and unmarried as long as so incapable, hut
in no case to exceed one hundred and four weeks beyond said age of
sixteen years.
To a parent or grandparent, during the continuation of a condition
of actual dependency, but in no case to exceed three hundred and
twelve weeks.
To or for a grandchild, brother, or sister, during dependency as
hereinbefore defined, but in no case to exceed three hundred and
twelve weeks.
Upon the cessation of compensation under this section to or on ac
count of any person, the compensation of the remaining persons entitled
to compensation for the unexpired part of the period during which
their compensation is payable shall be that which such persons would
have received if they had been the only persons entitled to compensa
tion at the time of the decedent’s death.
Definitions.
Sec. 10. As used in this act the term “ child ” includes stepchildren,
adopted children, posthumous children, and illegitimate children,
acknowledged previous to the injury, but does not include married
children unless dependent. The terms “ brother” and “ sister” in-

TEXT OF LAWS---- HAW AII.

405

elude stepbro'thers and stepsisters, half-brothers and half-sisters, and
brothers and sisters by adoption, but do not include married brothers
nor married sisters unless dependent. The term ' ‘grandchild” in
cludes children of adopted children and children of stepchildren, but
does not include stepchildren of children, stepchildren of stepchildren,
stepchildren of adopted children, nor married grandchildren, unless
dependent. The term “ parent” includes step-parents and parents by
adoption. The term “ grandparent ” includes parents of parents by
adoption, but does not include parents of step-parents, step-parents of
parents, nor step-parents of step-parents.
S e c . 11. In computing death benefits the average weekly wages of
Basic wages,
the deceased employee shall be considered not to be more than thirtysix dollars ($36) nor less than five dollars ($5); but the total weekly
compensation shall not exceed in any case the average weekly wages
computed as provided in section 15, nor shall the amount of compensa
tion paid in any case exceed in the aggregate the sum of five thousand
dollars ($5,000).
Payment of death benefits by an employer in good faith to a depen- W1^at,
dent subsequent in right to another or other dependent shall protect ments a defense*
and discharge the employer unless and until such dependent or depend
ents prior in right shall have given him notice of his or their claim.
In case the employer is in doubt as to the respective rights of rival
claimants he may apply to the industrial accident board to decide
between them.
In case death occurs after a period of disability, either total or partial, Subsequent
the period of disability shall be deducted from the total periods of com- d3atl1*
pensation respectively stated in section 9.
The compensation of a person who is insane shall be paid to his or
her guardian.
S ec. 12 (as amended by act No. 227, acts of 1917). During the
disability the employer shall furnish reasonable surgical, medical, and Medical attendhospital services and supplies not exceeding the amount of one hun- ance*
dred fifty dollars ($150). The pecuniary liability of the employer for
the medical, surgical, and hospital service herein required shall be
limited to such charges as prevail in the same community for similar
treatment of injured persons of a like standard of living when such
treatment is paid for bv the injured person.
In the event of the failure of the employer promptly to provide such
physician or surgeon or such medical, surgical, or hospital services, the
injured employee may provide the same at the expenses of the employer.
If it shall appear to the board that the injured employee has refused Refusal to aoto accept the services of a competent physician or surgeon, or has cep *
refused the reasonable surgical, medical, or hospital services provided
by the employer, the board may in its discretion reduce the amount
provided for medical attendance to which said employee might other
wise be entitled or consider such refusal on the part of the employee to
be a waiver by him of any right to medical attendance hereunder.
S e c . 13 (as amended by act No. 227, acts of 1917). Where the injury
Total disabllcauses total disability for work the employer during such disability , 1 y*
but not including the first seven days thereof, shall pay the injured
employee a weekly compensation equal to sixty per centum of his
average weekly wages, but not more than eighteen dollars ($18) nor less
than three dollars ($3) a week. In no case shall the weekly payments
continue after the disability ends, nor longer than three hundred and
twelve weeks, nor shall the amount of compensation paid in any case
exceed in the aggregate the sum of five thousand dollars ($5,000). But
no adjudication of permanent disability shall be made until after two
weeks from the date of injury.
In case of an employee whose average weekly wages are less than
three dollars ($3 ) a week the weekly compensation shall be the full
amount of such average weekly wages, but where the disability is per
manent the weekly compensation m such cases shall be three dollars
In case the total disability begins after a period of partial disability, the
period of partial disability shall be deducted from such total period of
three hundred and twelve weeks.

406

WORKMEN ’ S COMPENSATION LAWS OF TH E UNITED STATES.

In the case of the following injuries the disability caused thereby
shall be deemed total and permanent, to wit:
( 1) The total and permanent loss of sight in both eyes.
(2) The loss of both feet at or above the ankle.
(3) The loss of both hands at or above the wrist.
(4) The loss of one hand and one foot.
(5) An injury to the spine resulting in permanent and complete
paralysis of both legs or both arms or of one leg and one arm.
(6) An injury to the skull resulting in incurable imbecility or
insanity.
The above enumeration is not to be taken as exclusive.
Partial disabils EC# 14 (as amended by act No. 227, acts of 1917). (a) Partial disy’
ability. Where the injury causes partial disability for work, the
employer, during such disability and for a period of three hundred and
twelve weeks beginning with the first day of disability, shall pay the
injured workman a weekly compensation equal to fifty per centum of
the difference between his average weekly wages before the accident
and the weekly wages he will most probably be able to earn thereafter,
but not more than twelve dollars ($12) a week. In no case shall the
weekly payments continue after the disability ends, and in case the
partial disability begins after a period of total disability the period of
total disability shall be deducted from such total period of three hun
dred and twelve weeks, nor shall the amount of compensation paid in
any case exceed in the aggregate the sum of five thousand dollars
($5 ,000). But no adjudication of disability shall be made until after two
weeks from the date of injury.
(b)
Permanent partial disability. In case of disability partial in
character but permanent in quality the compensation shall be fifty
per centum of the average weekly wages and shall be paid to the
Schedule.
employee for the period named in the schedule as follows:
Thumb. For the loss of a thumb, sixty weeks.
First finger. For the loss of a first finger, commonly called index
finger, forty-six weeks.
Second finger. For the loss of a second finger, thirty weeks.
Third finger. For the loss of a third finger, twenty-five weeks.
Fourth finger. For the loss of a fourth finger, commonly called the
little finger, fifteen weeks.
Phalange of thumb or finger. The loss of the first phalange of the
thumb or finger shall be considered to be equal to the loss of one-half of
such thumb or finger, and compensation shall be one-half of the amount
above specified. The loss of more than one phalange shall be considered
as the loss of the entire thumb or finger: Provided, however, That in no
case shall the amount received for more than one finger exceed the
amount provided in this schedule for the loss of a hand.
Great toe. For the loss of a great toe, thirty-eight weeks.
Other toes. For the loss of one of the toes other than the great toe,
sixteen weeks.
Phalange of toe. The loss of the first phalange of any toe shall be
considered to be equal to the loss of one-half of said toe, and the com
pensation shall be one-half of the amount specified. The loss of more
than one phalange shall be considered as the loss of the entire toe.
Hand. The loss of a hand, two hundred and forty-four weeks.
Arm. For the loss of an arm, three hundred and twelve weeks.
Foot. For the loss of a foot, two hundred and five weeks.
Leg. For the loss of a leg, two hundred and eighty-eight weeks.
Eye. For the loss of an eye, one hundred and twenty-eight weeks.
Ear. The permanent and complete loss of hearing in both ears, three
hundred and twelve weeks. The permanent and complete loss of
hearing in one ear, sixty weeks. The loss of both ears, one hundred
and twenty-eight weeks. The loss of one ear, sixty weeks.
Loss of use. Permanent loss of the use of hand, arm, foot, leg, eye,
thumb, finger, toe, or phalange shall be considered as the equivalent of
the loss of such hand, arm, foot, leg, eye, thumb, finger, toe, or
phalange.
Amputation. Amputation between the elbow and the wrist shall be
considered as the equivalent of the loss of hand. Amputation between
the knee and the ankle shall be considered as the equivalent of the loss

TEXT OF LAWS— HAW AII.

407

of a foot. Amputation at or above the elbow shall be considered as the
loss of an arm. Amputation at or above the knee shall be condidered
as the loss of the leg.
The compensation for the foregoing specific injuries shall be in lieu
of all other compensation, except the benefits provided in section 13 of
this act.
In case of an injury resulting in serious facial or head disfigurement
the board may, in its discretion, make such award or compensation as
it may deem proper and equitable, in view of the nature of the dis
figurement, but not to exceed five thousand dollars ($5 ,000 ).
Other cases. In all other cases in this class of disability the compen
sation shall be fifty per centum of the difference between his average
weekly wages and his wage-earning capacity thereafter in the same
employment or otherwise, payable during the continuance of such
partial disability, but subject to reconsideration of the degree of such
impairment by the board on its own motion or upon application of any
party in interest.
S ec . 15. Average weekly wages shall be computed in such a manner computation of
as is best calculated to give the average weekly earnings of the work- wages*
man during the twelve months preceding his injury: Provided, That
where, by reason of the shortness of the time during which the work
man has been in the employment, or the casual nature of the employ
ment, or the terms of the employment, it is impracticable to com
pute the rate of remuneration, regard may be had to the average
weekly earnings, which, during the twelve months previous to the
injury, were being earned by a person in the same grade employed at
the same work by the employer of the injured workman, or if there is
no person so employed, by a person in the same grade employed in
the same class of employment and in the same district.
If a workman at tne time of the injury is regularly employed in a
higher grade of work than formerly during the year and with larger
regular wages, only such larger wages shall be taken into consideration
in computing his average weekly wages.
S ec . 16. Any payments made by the employer or his insurer to the Advances,
injured workman during the period of his disability, or to his dependents
which, by the terms of this act, were not due and payable when made,
may, subject to the approval of the board, be deducted from the amount
to be paid as compensation: Provided, That in case of disability such
deduction shall be made by shortening the period during which com
pensation must be paid, and not by reducing the amount of the weekly
payments under sections 13 and 14.
S e c . 17. The board, upon the application of either party, may, in its Tip10 of pay*
discretion, having regard to the welfare of the employee and the con- ments*
venience of the employer, authorize compensation to be paid monthly
or quarterly instead of weekly.
Sec. 18. Whenever the board determines that it is for the best inter- Lump sums,
est of all parties, the liability of the employer for compensation may, on
application to the board by any party interested, be discharged in whole
or in part by the payment of one or more lump sums to be fixed by the
board.
Sec. 19. Whenever for any purpose the board deems it expedient, any Trustees,
lump sum which is to be paid as provided in section 18 shall be paid by'
the employer to some suitable person or corporation appointed by the
circuit court in the jurisdiction of which the injury occurred as trustee
to administer or apply the same for the benefit of the person or persons
entitled thereto in the manner provided by the board. The receipt
of such trustee for the amount so paid shall discharge the employer or
any one else who is liable therefor.
S ec . 20. After an injury and during the period of disability, the work- . Medical examman, whenever ordered by the board, shall submit himself to examina-inatlonstion, at reasonable times and places, to a duly qualified physician or
surgeon designated and paid by the employer. The workman shall
have the right to have a physician or surgeon designated and paid by
himself present at such examination, which right, however, shall not be
construed to deny to the employer’s physician the right to visit the
injured workman at all reasonable times and under all reasonable con
ditions during total disability. If a workman refuses to submit himself

408

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 f t h e u n i t e d s t a t e s .

to or in any way obstructs such examination, his right to take or prose
cute any proceeding under this act shall be suspended until such
refusal or obstruction ceases, and no compensation shall be payable for
the period during which such refusal or obstruction continues.
Not i ce and
Sec. 21. No proceedings under this act for compensation for an injury
claim.
shall be maintained unless a notice of the injury shall have been given
to the employer as soon as practicable after the happening thereof, and
unless a claim for compensation with respect to such injury shall have
been made within three months after the date of the injury; or, in case
of death, then within three months after such death, whether or not a
claim had been made by the employee himself for compensation.
Such notice and such claim may be given or made by any person claim
ing to be entitled to compensation or by some one on his behalf. If
payments of compensation have been made voluntarily the making of a
claim within said period shall not be required.
Form.
S ec . 22 . Such notice and such claim shall be made in writing, and
such notice shall contain the name and address of the employee, and
shall state in ordinary language the time, place, nature, and cause of
the injury, and shall be signed by him or by a person on his behalf, or,
in the event of his death, by any one or more of his dependents or by a
person on their behalf. The notice may include the claim.
How given.
S ec . 23. Any notice under this act shall be given to the employer, or if
the employer be a partnership, then to any one of the partners. If the
employer be a corporation, then the notice may be given to any agent,
of the corporation upon whom process may be served, or to any officer
of the corporation, or any agent in charge of the business at the place
where the injury occurred. Such notice shall be given by delivering
it or by sending it by mail by registered letter addressed to the employer
at his or its last known residence or place of business. The foregoing
provisions shall apply to the making of a claim.
Sufficiency of
S ec. 24. A notice given under the provisions of section 21 of this act
notice.
shall not be held invalid or insufficient by reason of any inaccuracy in
stating the time, place, nature, or cause of the injury, or otherwise,
unless it is shown that the employer was in fact misled to his injury
thereby. Want of notice or delay in giving notice shall not be a bar to
proceedings under this act if it be shown that the employer, his agent
or representative, had knowledge of the accident or that the employer
has not been prejudiced by such delay or want of notice.
Incompetents.
S ec . 25. No limitation of time provided in this act shall run as against
any person who is mentally incompetent or a minor dependent so long
as he has no guardian, or next friend.
Industrial acci
S e c . 26. There shall be a board created, to be known as the industrial
dent board.
accident board, in each county, consisting of five members to be
appointed by the governor, as provided by section 80 of the Organic
Act. Each board shall elect its own chairman. Meirfbers of the boards
shall hold office for five years except that when the boards are first
constituted one member for each board shall be appointed for one year,
one for two years, one for three years, one for four years, and one for
five years. Thereafter one member shall be appointed to each board
every year for the full term of five years. Outgoing members shall be
eligible for reappointment. It shall be the duty of the county or city
and county attorney, as the case may be, to act as attorney for the board
in all matters coming before the board whenever requested to so act.
Jurisdiction.
S ec . 27. Each board shall have jurisdiction over the injuries occur
ring within the county for which it is appointed, or occurring to employ
ees of residents of the county while such employees are without the
Territory, or on vessels operated by residents of such county: Provided,
That if the principal business or occupation of the employer concerned
or of the owner of the vessel is carried on in another county, the board
of such other county shall have such jurisdiction.
Salaries and ex S ec . 28. The members of such boards shall serve without remunera
penses.
tion, except that they may be allowed their reasonable traveling and
other expenses while proceeding to, attending, and returning from
attendance of meetings of the board, or reasonably incurred in the
discharge of their duties, which board may employ such assistance and
clerical help as it may deem necessary, and fix the compensation of all
persons so employed. All such salaries and expenses shall be paid out

TEXT

OF LAW S—

HAW AII.

409

of such funds as shall be appropriated by the legislature for the use of
such boards.
S ec . 29. Each board may make rules not inconsistent with this act Rules.
for carrying out the provisions of this act. Process and procedure under
this act shall be as summary and simple as reasonably may be. The
board, or any member thereof, shall have the power to subpoena wit Powers.
nesses, administer oaths, and to examine such of the books and records
of the parties to a proceeding as relate to the questions in dispute. The
circuit court shall have power to enforce by proper proceedings the
attendance and testimony of witnesses, and the production and exam
ination of books, papers and records. The board shall cause to be
printed and furnished free of charge to any employer or employee such
blank forms as it shall deem requisite to facilitate or promote the effi Blanks.
cient administration of this act. Such blanks shall also be furnished
by the board to the clerk of the circuit court who shall furnish the same
to any employer or employee free of charge, but subject, however, to
any rules and regulations the board shall make relating thereto.
S ec . 30 (as amended by act No. 227, acts of 1917). If the employer Agreements.
and the injured employee reach an agreement in regard to compensa
tion under this act, a memorandum of the agreement shall be filed with
the board, and, if approved by it, thereupon the memorandum shall
for all purposes be enforceable under the provisions of section 39, unless
modified as provided in section 37.
Such agreements shall be approved by the board only when the
terms conform to the provisions of act 221 of the Session Laws of Hawaii,
1915, as amended.
No agreement between the parties for a lesser sum than that which
may be determined by the board to be due shall operate as a bar to the
determination of the controversy upon its merits, or to the award of a
larger sum, if it be determined by the board that the amount agreed
upon is less than the injured employee or his dependents are properly
entitled to receive
S ec . 31 (as amended by act No. 227, acts of 1917). If the compensa
tion is not settled by agreement, the board shall upon the filing with the
board of a copy of the claim for compensation allow a full trial and shall
make an award which shall be filed with the record of proceedings, and Awards.
shall state its conclusions of fact and rulings of law and shall immedi
ately send to the parties a copy of the award: Provided, however, That
at any time prior to the filing with the board of a copy of the claim for
compensation, either party may make application to the board for the
formation of a committee of arbitration. Such committee shall consist Committee of
of three members, ^>ne of whom shall be a member of the industrial arbitration.
accident board, or appointed by it, who shall act as chairman. The
other two members shall be named, respectively, by the parties. If a
vacancy occurs, it shall be filled in the same way as the original appoint
ment.
S ec . 32. Immediately after such application the board shall desig How formed.
nate one of its members, or a substitute, to act as chairman of the com
mittee of arbitration, and shall request the parties to appoint their
respective representatives. If within seven days after such request,
or after a vacancy has occurred, either party does not appoint his
representative the board shall fill the vacancy and notify the parties
to that effect.
S ec . 33. The committee on arbitration shall make such inquiries Hearings and
and investigations as it shall deem necessary. The hearings of the awards.
committee, unless otherwise agreed, shall be neld in the city or town
where the injury occurred if within this Territory, and the award of the
committee, together with a statement of its findings of fact, rulings of
law, and any other matters pertinent to the question arising before it,
shall be filed with the industrial accident board of the respective
county. A copy of the award shall be immediately sent to the
parties. Unless a claim for a review is filed by either party within ten
days after the sending of the award, it shall be enforceable under the
provisions of section 39.
S ec . 34 (as amended by act No. 227, acts of 1917). Each industrial Medical exami
accident board may appoint a duly qualified impartial physician to nation.
examine the injured employee and to report.

410

W O R K M E N ’ S COMPENSATION LAWS OF TH E UNITED STATES.

Fees and ex- ,Sec . 35 . The fees and expenses of arbitrators under section 33 and
penses,
of physicians under section 34 shall be paid from the funds appropri

ated by the legislature for the use of the respective boards.
S ec . 36. If an application for review is made to any board, or if the
committee fails to make an award within thirty days after its formation,
the board shall allow a full trial and shall make an award which shall be
filed with the record of proceedings, and shall state its conclusions of
fact and rulings of law, and shall immediately send to the parties a
copy of the award.
Modification.
S ec . 37. On the application of any party on the ground of a.change
of conditions, the board may at any time, but not oftener than once in
six months, review any agreement or award, and on such review may
make an award ending, diminishing, or increasing the compensation pre
viously agreed upon or awarded subject to the maximum and minimum
provided in this act, and shall state its conclusions of fact and rulings
of law, and immediately send to the parties a copy of the award, but
this section shall not apply to a commutation of payments under sec
tion 18.
Appeals.
SEc. 38. An award of the board, in the absence of fraud shall be
final and conclusive between the parties except as provided in section
37, unless within ten days after a copy has been sent to the parties either
party appeals to the circuit court of the circuit in which said board is
located. In the County of Hawaii the circuit court shall be that of the
fourth circuit, In case of every such appeal the right of a trial by jury
shall be deemed to be waived unless claimed within ten days from the
date such appeal is entered. Said court may by proper rules prescribe
the procedure to be followed in the case of such appeals.
The board may certify questions of law to the supreme court of the
Territory for its determination. .
Enforcement of
S ec . 39 (as amended by act No. 227, acts of 1917). Any party in
award.
interest may file in the circuit court in the jurisdiction of which the
injury occurred a certified copy of a decision of the board awarding
compensation, from which no appeal has been taken within the time
allowed therefor, or a certified copy of a decision of the board awarding
compensation from which decision an appeal has been taken, but as to
which decision neither the board nor the court has ordered that the
appeal therefrom shall operate as a supersedeas or stay, or a certified
copy of a decision of an arbitration committee awarding compensation
from which no claim for review has been filed within the time allowed
therefor, or a certified copy of a memorandum of agreement approved
by the board, whereupon said court shall render a decree or judgment
in accordance therewith and notify the parties thereof. Such decree or
judgment shall have the same effect, and all proceedings in relation
thereto shall thereafter be the same, as though said decree or judgment
had been rendered in a suit duly heard and determined by said court,
except that there shall be no appeal therefrom: Provided, however,
That in all cases where an appeal from the decision of the board has
been taken within the time provided therefor, but where neither the
board nor the court has ordered that such appeal shall operate as a
supersedeas or stay, the decree or judgment of said circuit court shall
provide that said decree or judgment shall become null and void in the
event that the court shall set aside the decision or award of the board.
Costs.
S e c . 40. If the committee of arbitration, industrial accident board,
or any court before whom any proceedings are brought under this act
determines that such proceedings have been brought, prosecuted, or
defended without reasonable ground it may assess the whole cost of the
proceedings upon.the party who has so brought, prosecuted, or defended
them.
P o w e r ; o f S e c . 41. All questions arising under this act, if not settled by agree
board.
ment of the parties interested therein with the approval of the board,
shall, except as otherwise herein provided, be determined by the board.
The decisions of the board shall be enforceable by the circuit court
under the provisions of section 39. There shall be a right of appeal from
decisions of the board to the circuit court as provided in section 38, but
in no case shall such an appeal, either under this section or under sec
tion 38, operate as a supersedeas or stay unless the board or the circuit
court shall so order.

R e v ie w
award.

TEXT OF LAWS---- H AW AII.

411

S ec . 42. Tlie circuit court, upon the filing with it of a certified copy Revision of deof a decision of the industrial accident board ending, diminishing, or crees*
increasing compensation previously awarded, shall revoke or modify
its prior decree or judgment so that it will conform to said decision.
S e c . 43. If a workman who has been hired in this Territory receives Injuries outside
personal injury by accident arising out of and in the course of such em- 4 Territ<>ry.
ployment, he shall be entitled to compensation according to the law of
this Territory, even though such injury was received outside this Terri
tory.
If a workman who has been hired outside of this Territory is injured
while engaged in his employer’s business, and is entitled to compensa
tion for such injury under the law of the State or Territory where he was
hired, he shall be entitled to enforce against his employer his rights in
this Territory if his rights are such that they can reasonably be deter
mined and dealt with by the board and the court in this Territory.
S e c . 44. All rights of compensation granted by this act shall have Preferences,
the same preference or priority for the whole thereof against the assets
of the employer as is allowed by law for any unpaid wages for labor.
S e c . 45 (as amended by act No. 227, acts of 1917). No claims for com- Assignments,
pensation under this act shall be assignable, and all compensation and
claims therefor shall be exempt from all claims of creditors. Claims of Feesattorneys and of physicians for services under this act shall not be a
valid claim against the person to or for whom said services were rendered
unless and until approved by the board.
S e c . 46. Employers, but not including the territorial or the munici- Security for
pal bodies mentioned in section 2 , shall secure compensation to their P9^111011^employees in one of the following ways:
( 1) By insuring and keeping insured the payment of such compen
sation with any stock corporation or mutual association authorized to
transact the business of workmen’s compensation insurance in this
Territory; or
(2) By obtaining and keeping in force guarantee insurance with any
company authorized to do such guarantee business within the Terri
tory; or
(3) By depositing and maintaining with the territorial treasurer
security satisfactory to the board securing the payment by said em
ployer of compensation according to the terms of this act.
(4) Upon furnishing satisfactory proof to the board of his solvency
and financial ability to pay the compensation and benefits herein pro
vided, no insurance or security shall be required, and the employer
shall make such payments directly to his employees as they may be
come entitled to receive the same under the terms and conditions of
this act.
Any person who willfully misrepresents any fact in order to obtain
the benefits of this section shall be guilty of a misdemeanor.
Any decision of the board rendered under the provisions of subdivi
sions 3 and 4 of this section with respect to the amount of security re
quired or refusing to permit no security to be given shall be subject to
review on appeal by the circuit court in like manner as appeals are per
mitted under section 38 of this act.
S ec . 47 (as amended by act No. 227, acts of 1917). If the insurance so Notice of in
effected is not under subdivisions 3 or 4 of section 46 the employer shall surance'
forthwith file with the board in form prescribed by the board a notice
of his insurance, together with a copy of the contract or policy of
insurance.
S e c . 48. If an employer fails to comply with the provisions of section F a i l u r e t o
46 he shall be liable to a penalty for every day during which such failure Nation. eompen~
continues, of one dollar ($1) for every employee, to be recovered in an
action brought by the chairman of the board in the name of the Terri
tory, and the amounts so collected shall be paid into the territorial
treasury and be a special fund for the use of the board. It shall be the
duty of the county attorney of each county to prosecute such suits, if so
requested by the board. The board may, however, in its discretion,
for good cause shown, remit any such penalty in whole or in part, pro
vided the employer in default forthwith secures compensation as pro
vided in section 46.

412

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 i t e d s t a t e s .

Furthermore, if any employer shall be in default under section 46,
for a period of thirty days, he may be enjoined by the circuit court from
carrying on his business while such default continues.
Provisions of
Sec. 49 (as amended by act No. 227, acts of 1917). Every policy of
policies.
insurance and every guarantee contract covering the liability of the em
ployer for compensation, whether issued by a stock company, or by a
mutual association authorized to transact workmen’s compensation or
guarantee insurance in this Territory shall cover the entire liability of
the employer to his employees covered by the policy or contract, and
also shall contain a provision setting forth the right of the employees to
enforce in their own names either by at any time filing a separate claim
or by at any time making the insurance carrier a party to the original
claim, the liability of the insurance carrier in whole or in part for the
payment of such compensation: Provided, however, That payment in
whole or in part of such compensation by either the employer or the
insurance carrier shall, to the extent thereof, be a bar to the recovery
against the other of the amount so paid.
From and after the thirtieth day of June, 1918, all insurance policies
shall be of a standard form, said form to be designated by and approved
by the commissioner of insurance of the Territory of Hawaii. No policy
of insurance different in form from said designated and approved form
shall be approved by the board.
Knowledge of Sec. 50. Every such policy and contract shall contain a provision
employer.
that, as between the employee and the insurance carrier, the notice to
or knowledge of the occurrence of the injury on the part of the employer
shall be deemed notice or knowledge, as the case may be, on the part
of the insurance carrier; that jurisdiction of the employer shall, for
the purpose of this act, be jurisdiction of the insurance carrier, and that
the insurance carrier shall in all things be bound by and subject to the
orders, findings, decisions, or awards rendered against the employer
for the payment of compensation under the provisions of this act.
Insolvency of Sec. 51. Every such policy and contract shall contain a provision
employer.
to the effect that the insolvency or bankruptcy of the employer and his
discharge therein shall not relieve the insurance carrier from the pay
ment of compensation for injuries or death sustained by an employee
during the life of such policy or contract.
Notice of can Sec. 52. No policy or contract of insurance or guaranty issued by a
cellation.
stock company or mutual association against liability arising under
this act shall be canceled within the time limited in such contract for
its expiration until at least ten days after notice of intention to cancel
such contract, on a date specified in such notice, shall have been filed
in the office of the Territorial treasurer and also served on the board and
the employer*.
Public emSec. 53. The Territory, and each county, and any other political
ployees.
subdivision of the Territory, which is liable to its employees for com
pensation may insure with any authorized insurance carrier.
Burden of cost.
Sec. 54. No agreement by an employee to pay any portion of the
premium paid by his employer, to contribute to a benefit fund or de
partment maintained by such employer, or to the cost of mutual or
other insurance maintained for or carried for the purpose of securing
compensation as herein required shall be valid; and any employer who
makes a deduction for such purpose from the wages or salary of any
employee entitled to the benefits of this act shall be guilty of a misde
meanor and on conviction thereof shall be punished by a fine not to
exceed two hundred and fifty dollars ($250.).
Inspections.
Sec. 55. The board shall have the right to inspect the plants and
establishments of all employers in the Territory, and the inspectors
designated by the board shall have free access to such premises during
regular working hours and at other reasonable times.
Report of acci
Sec. 56. Every employer shall hereafter keep a record of all injuries,
dents.
fatal or otherwise, received by his employees in the course of their
employment, when known to him or brought to his attention. As soon
as practicable after the occurrence of an injury causing absence from
work for one day or more a report thereof shall be made in writing by
the employer to the board on blanks to be procured from the board for
the purpose.

TEXT OF LAWS— HAW AII.

413

Upon the termination of the disability of the injured employee, the
employer shall make a supplemental report upon blanks to be pro
cured from the board for that purpose. If the disability extends be
yond a period of sixty days, the employer shall report to the board at
the end of such period that the injured employee is still disabled, and
upon the termination of the disability shall file a final supplemental
report as provided above.
The said reports shall contain the name and nature of the business of
the employer, the situation of the establishment, the name, age, sex,
wages, and. occupation of the injured employee, and shall state the date
and hour of the accident causing the injury, the nature and cause of the
injury,and such other information as may be required by the board.
Any emplover who refuses or neglects to make the report required b y
this section shall be punished by a fine of not more than twenty-five
dollars ($25) for each offense.
Within sixty days after the termination of the disability of the in
jured employee the employer or other party liable to pay the compensa
tion provided for by this act shall file with the board a statement show
ing the total payments made or to be made for compensation and for
medical services for such injured employee.
S e c . 57. This act shall affect the liability of employers to employees interstate cornengaged in interstate or foreign commerce or otherwise only so far as the merce*
same is permissible under the laws of the United States.
S e c . 58. Annually on or before the first day of February the board Reports of in-,
of each county shall make a report to the governor, which shall be trans- boards1 ac ent
mitted to the legislature and which shall include a properly classified
statement of the expenses of the board, together with any other matters
which the board deems proper to report, including any recommendations
it may desire to make.
Sec. 59. Whenever under this act any award, order, rule, regulation, . Acts of maor decision is required or authorized to be made by the board or by a j°nt^committee of arbitration the action of a majority of the members of such
board or committee shall be considered as the action of such board or
committee, respectively, as the case may be.
Sec. 60 (as amended by act No. 227, acts of 1917). In this act, unless Definitions,
the context otherwise requires:
(a) “ Employer,” unless otherwise stated,includes anybody of per
sons, corporate or unincorporated, public or private, and the legal rep
resentative of a deceased employer. It includes the owner or lessee of
premises, or other person who is virtually the proprietor or operator of
the business there carried on, but who, by reason of there being an in
dependent contractor, or for any other reason, is not the direct employer
of the workmen there employed. If the employer is insured it includes
his insurer as far as applicable.
(b) “ Workman ” is used as synonymous with “ employee’ ’ and means
any person who has entered into the employment of, or works under
contract of service or apprenticeship with, an employer. It does not
include a person whose employment is purely casual or not for the pur
pose of the employer’s trade or business, or whose remuneration from
any one employer, excluding pay for overtime, exceeds thirty-six doldollars ($36) a week. Any reference to a workman who has been injured
shall, where the workman is dead, include a reference to his depend
ents as herein defined, if the context so requires, or, where the em
ployee is a minor or incompetent, to his guardian or next friend.
(c) “ Injury ” or “ personal injury ” includes death resulting from in
jury within six months.
(d) The words “ personal injury by accident arising out of and in
the course of such employment” shall include an injury caused by the
willful act of a third person directed against an employee because of
his employment.
(e) “ Industrial employment,” in the case of private employers,
includes employment only in a trade, occupation, or profession which
is carried on by the employer for the sake of pecuniary gain.
Public employment means employment by the Territory, or by a
county, or by any political subdivision of the Territory now existing or
which may hereafter be created. It does not include the employment

414

w o r k m e n ’s c o m p e n s a tio n la w s o f t h e u n it e d s t a t e s .

of public officials who are elected by popular vote or who receive sala
ries exceeding eighteen hundred dollars ($1,800) a year.
{ / ) The word “ board” or words “ industrial accident board,” when
ever used in this act, unless the context shows otherwise, shall be taken
to mean the industrial accident board of the respective county.
(g) “ Partial disability.” Diminished ability to obtain employment
owing to disfigurement resulting from an injury may be held to consti
tute partial disability.
(h) “ Wages” shall include the market value of board, lodging, fuel,
and other advantages which can be determined in money which the
employee receives from the employer as a part of his remuneration.
“ Wages” shall not include any sums which the employer has paid to
the employee to cover any special expenses entailed on him by the
nature of his employment.
(i) “ Insurance carrier” shall include stock corporations or mutual
associations from any of which employers have obtained workmen’s
compensation insurance or guaranty insurance in accordance with the
provisions of this act.
(j) The word “ county ” includes the city and county of Honolulu.
(Jc) Any term shall include the singular and plural and both sexes
where the context so requires.
Provisions sev- S ec . 61. If any part or section of this act be decided by the courts to
erable.
be unconstitutional or invalid, the same shall not affect the validity of
the act as a whole or any part thereof which can be given effect without
the part so decided to be unconstitutional or invalid.
False represeng Ec. 62. If for the purpose of obtaining any benefit or payment under
tations.
£ke pr0Yigi0ns 0f this act, either for himself or for any other person, any
one willfully makes a false statement or representation, he shall be guilty
of a misdemeanor and liable to a fine of not exceeding two hundred and
fifty dollars ($250).
Prior injuries.
S ec . 63. The provisions of this act shall not apply to injuries sus
tained, or accidents which occur, prior to the taking effect hereof.
Rules of congEC. 64# (a) The rule that statutes in derogation of the common law
ruction.
are
g tn ctly construed shall have no application to this act.
(b)
This act shall be so interpreted and construed as to effect its jgeneral purpose to make uniform the law of those States which enact it.
Title.
S e c. 66. This act may be cited as the “ Workmen’s compensation
act.
Approved this 28th day of April, 1915.

IDAHO.
ACTS OF 1917.
C h a p t er 81.— Compensation of workmen for injuries.
P a r t I.
S ection 1. (a) This act shall apply to all public employment,
Scope of act.
as defined in section 2 and to all private employment in a trade
or occupation which is carried on by the employer for the sake of
pecuniary gain, not expressly excepted by the provisions of section 3.
(b) The common-law system governing the remedy of workmen
against employers for injuries received in industrial and public
work is inconsistent with modern industrial conditions. The adminis- C o m m o n -la w
tration of the common-law system in such cases has produced the result system abolished,
that little of the cost to the employer has reached the injured workman,
and that little at large expense to the public. The remedy of the work
man has been uncertain, slow and inadequate. Injuries in such em
ployments formerly occasional, have become frequent and inevitable.
The welfare of the State depends upon its industries, and evclM more
upon the Welfare of its wageworkers. The State of Idaho, therefore,
exercising herein its police and sovereign power, declares that all
phases of the premises are withdrawn from private controversy, and
sure and certain relief for injured workmen and their families and de
pendents is hereby provided regardless of questions of fault and to the
exclusion of every other remedy, proceeding or compensation, except
as is otherwise provided in this act, and to that end all civil actions, and
civil causes of action for such personal injuries, and all jurisdiction of
the courts of the State over such causes are hereby abolished, except
as in this act provided.
S e c . 2. This act shall apply to employees of the State and of all
counties, cities, cities under special charter or commission form of gov- Public employeminent, villages, school districts, irrigation districts, drainage dis- menfc*
tricts, highway districts, road districts and other public and municipal
corporations within the State; but^ not to public officials who are
elected by popular vote or who receive salaries exceeding twenty-four
hundred dollars a year. Policemen and firemen and others entitled to
pensions shall be deemed employees within the meaning of this act.
If, however, any policeman or fireman or other person entitled to a
ension claims compensation under this act there shall be deducted
om such compensation any sum which such policeman or fireman or
other person may be entitled to receive from any pension or other
benefit fund to which the State or municipal body may contribute.
S e c . 3. None of the provisions of this act shall apply'to:
Employments
(a) Agricultural pursuits;
‘
excluded.
(b) Household domestic service;
(c) Casual employment;
(d) Employment by charitable organizations; or
(e) Employment of outworkers, or of
(f) Members of the employer’s family dwelling in his house:
Unless the employer and employee expressly agree in writing filed
with the board that the provisions of the act shall apply. Any such
agreement may be terminated by either party upon sixty days’ notice
to the other and to the board in writing prior to any accident.

P ar t II.
S ection 4. If a workman receives personal injury b y accident arising

out of and in the course of any employment covered by this act his
employer or the surety shall pay compensation in the amounts and to
the person or persons hereinafter specified.

Right accrues,

en‘

416

w o r k m e n ’s c o m p e n s a tio n la w s o f t h e u n it e d s t a t e s .

injuries
covered.

not

S e c . 5 . No compensation shall be allowed for an injury caused ( 1) by
empi0yee’s willful intention to injure himself or to injure another,
or (2 ) by his intoxication. If the employer claims an exemption or for

feiture under this section the burden of proof shall be upon him.
S e c . 6 . The rights and remedies herein granted to an employee on
siveaccount of a personal injury for which he is entitled to compensation
under this act shall exclude all other rights and remedies of such em
ployee, his personal representatives, dependents, or next of kin, at
common law or otherwise, on account of such injury.
Employers, who hire Workmen within this State to work outside of
the State, may agree with such Workmen that the remedies under this
act shall be exclusive as regards injuries received outside this State by
accident arising out of and in the course of such employment; and all
contracts of hiring in this State shall be presumed to include such an
agreement.
Injuries by third
S e c . 7. When an injury for which compensation is payable under
persons.
ac^ ghan have been sustained under circumstances creating in
some other person than the employer a legal liability to pay damages
in respect thereto, the injured employee may, at his option, either
claim compensation under this act or obtain damages from or proceed at
law against such other person to recover damages; and if compensation
is claimed and awarded under this act any employer having paid the
compensation or having become liable therefor shall be subrogated to
the rights of the injured employee to recover against that person: Pro
vided, If the employer shall recover from such other person damages in
excess of the compensation already paid or awarded to be paid under
this act, then any such excess shall be paid to the injured employee
less the employer’s expenses and costs of action.
Contracting out.
S e c . 8 . No contract, rule, regulation, or devise whatsoever shall
operate to relieve the employer in whole or in part from any liability
created by this act, other than as provided in sections 9 and 17.
Substitute sysS e c . 9. With the approval of the board, an employer who is subject
tems*
to the provisions of this act, may enter into an agreement with his em
ployees to provide a system of compensation or benefits in lieu of the
compensation provided by this act, subject, however, to the following
restrictions:
(a) The benefits to injured employees shall be at least equivalent to
those herein provided.
(b) If contributions are required from employees the additional
benefits shall be commensurate with such contributions.
(c) If acceptance of such substitute system is made a condition of
employment, equitable provision shall be made for the withdrawal of
employees from it and^ the distribution of its assets. An employer who
is authorized to substitute a plan under the provisions of this section
shall give his employees notice thereof in the form prescribed by the
board and a statement of the plan approved shall be filed with the
board. Copies of settlements made under the provisions of this section
shall be filed with the board.
Remedy exclu-

P a r t III.
Compensation
S ection 10. If death results from the injury within two years, the
for deat .
employer or the surety shall pay to the person entitled to compensa

tion or, if there are none, then to the personal representative of the de
ceased employee, burial expenses not to exceed one hundred dollars;
and shall also pay to or for the following persons for the following
periods, a weekly compensation equal to the following percentages of
the deceased employee’s average weekly wages as defined in section 24:
(a) To the dependent widow or widower, if there be no dependent
children, forty-five per cent.
(b) To the dependent widow or widower, if there be a dependent
child or children, fifty-five per cent for such widow or widower and
children. Such compensation to the widow or widower shall be for
the use and benefit of such widow or widower and of the dependent
children, and the board may from time to time apportion such com
pensation between them in such way as it deems best. If a child
has a guardian other than the surviving widow or widower, the com-

TEXT OF LAW S— IDAHO.

417

pensation payable on account of such child shall be paid to such
guardian.
(c) If there be no dependent widow or widower, but a dependent
child or children, twenty-five per cent for one child and ten per cent
for each additional child, not to exceed a total of fifty-five per cent to
be divided equally among such children if more than one.
(d) To the parents, if one be wholly dependent for support upon
the deceased employee at the time of his death and the other is not
dependent to any extent, twenty-five per cent; if both are wholly
dependent, twenty per cent to each; if one be or both are partly
dependent, a proportionate amount in the discretion of the board.
The above percentages shall be paid if there be no dependent
widow, widower,^ or child. If there be a widow*, widower, or child,
there shall be paid so much of the above percentages as, when added
to the total percentages payable to the widow", widower, and children,
will not exceed a total of fifty-five per cent.
(e) To the brothers, sisters, grandparents, and grandchildren, if
one be wholly^ dependent upon the deceased employee for support at
the time of his death, twenty per cent to such dependent; if more
than one be wholly dependent, thirty per cent, divided among such
dependents share and share alike; if there be no one of them wholly
dependent, but one or more partly dependent, ten per cent divided
among such dependents share and share alike.
The above percentages shall be paid if there be no dependent
widow, widower, child or parent. If there be a dependent widow,
widower, child, or parent, there shall be paid so much of the above
percentages as, when added to the total percentage payable to the
widow, widower, children, and dependent parents, will not exceed a
total of fifty-five per cent.
(f) In case there are two or more classes of persons entitled to com
pensation under this section and the apportionment of such compen
sation, above provided, would result in injustice, the board may, in
its discretion, modify the apportionment to meet the requirements of
the case.
(g) In case there are no dependents of the deceased employee, the
employer shall pay into the State treasury to be deposited in the
industrial administration fund the sum of one thousand dollars.
S e c . 11. The following persons, and they only, shall be deemed Dependents,
dependents and entitled to compensation under the provisions of
this act:
A child if under 18 years of age, or incapable of self-support and
unmarried, whether actually dependent upon the deceased or not.
The widow only if living with the deceased, or actually dependent
wholly or partially, upon him.
The widower only if incapable of self-support and actually depend
ent, wholly or partially, upon the deceased at the time of her injury.
A parent or grandparent only if actually dependent, wholly or
partially, upon the deceased.
A grandchild, brother, or sister only if under 18 years of age, or
incapable of self-support, and wholly dependent upon the deceased.
The relation of dependency must exist at the time of the injury.
S e c . 12. The compensation herein provided for shall be payable Periods of comduring the following periods:
.
pensation.
To a widow, until death or remarriage, but in no case to exceed 400
weeks.
To a widower, during disability or until remarriage, but in no case
to exceed 400 weeks.
To or for a child, until 18 years of age, but in the case of a child
incapable of self-support and unmarried as long as so incapable, but
in no case to exceed 400 weeks beyond said age of 18 years.
To a parent or grandparent, during the continuation of a condition
of actual dependency, but in no case to exceed 400 weeks.
To or for a grandchild, brother, or sister, during dependency as
hereinbefore defined, but in no case to exceed 400 weeks.^
Upon the cessation of compensation^ under this section to or on
account of any person, the compensation of the remaining persons
177982°— 21— B u ll. 272------- 27

418

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 i t e d s t a t e s .

entitled to compensation for the unexpired part of the period, during
which their compensation is payable snail be that which such persons
would have received if they had been the only persons entitled to
compensation at the time of the decedent’s deatli.
Aliens.
S e c . 13. Except as otherwise provided by treaty, whenever, under
the provisions of this act, compensation is payable to a dependent
who is an alien not residing in the United States, the employer shall
pay fifty per cent of the compensation herein otherwise provided to
such dependent and the remaining fifty per cent into the State treasury
to be deposited in the industrial^ administration fund. But if a non
resident alien dependent is a citizen of a Government having a com
pensation law* which excludes citizens of the United States, either
resident or nonresident, from partaking of the benefit of such law in
as favorable a degree as herein extended to nonresident aliens, then
all of the compensation which would otherwise be payable to such
dependent shall be paid into the industrial administration fund.
Definitions.
S e c . 14. As used in the foregoing sections.the term child includes
stepchildren, adopted children, posthumous children, and acknowl
edged illegitimate children, but does not include married children
unless dependent. The terms “ brother” and “ sister” include step
brothers and stepsisters, half brothers and half sisters, and brothers
and sisters by adoption, but do not include married brothers nor
married sisters unless dependent. The term “ grandchild” includes
children of adopted children and children of stepchildren; but does
not include stepchildren of children, stepchildren of stepchildren*
stepchildren of adopted children, nor married grandchildren, unless
dependent. The term “ parent” includes step-parents and parents by
adoption. The term “ grandparent” includes parents of parents by
adoption, but does not include parents of step-parents, step-parents
of parents, nor step-parents of step-parents. The words “ adopted”
and “ adoption” as used in this act shall include cases where persons
are treated as adopted as well as those of legal adoption.
Maximum and
S e c . 15. In computing death benefits the total weekly compensation
minimum beneb e subject to a maximum of twelve dollars per week and a mini
mum of six dollars per week, but if at the time of the injury the
employee received wages of less than six dollars per week, then the
compensation shall not exceed the full amount of such wages.
Payment of death benefits b y an employer in good faith to a depend
ent subsequent in right to another or other dependents shall protect
and discharge the employer unless and until such dependent or
dependents prior in right shall have given him notice of his or their
claim. In case the employer is in doubt as to the respective rights of
rival claimants he may apply to the board to decide between them.
In case death occurs after a period of disability, either total or
partial, the period of disability shall be deducted from the total periods
of compensation respectively stated in section 12 .
The compensation of a person who is insane shall be paid to his or
her guardian.
Medical, etc.,
S e c . 16. The employer shall provide for an injured employee such
attendance.
reasonable medical, surgical or other attendance or treatment, nurse
and hospital service, medicines, crutches and apparatus, as may be
required or be requested by the employee immediately after an injury,
and for a reasonable time thereafter. If the employer fails to provide
the same, the injured employee may do so at the expense of the em
ployer. All fees and other charges for such treatment and services and
compensation therefor shall be subject to regulation by the board.
The pecuniary liability of the employer for the treatment and other
service herein required shall be limited to such charges as prevail in the
same community for similar treatment of injured persons of a like
standard of living when such treatment is paid for by the injured per
son. In determining what fees and charges are reasonable, the board
shall consider the increased security of payment afforded by this act.
Hospital con*
S e c . 17. Nothing in this act shall be construed as preventing emtracts.
ployers and workmen from waiving the provisions of section 16 of this
act and entering into mutual contracts or agreements providing for hos
pital benefits and accommodations to be furnished to the employee.

TEXT OF LAW S— IDAHO.

419

Such hospital contracts or agreements must provide for medical, hos
pital and surgical attendance for such employee for sickness contracted
during the employment (except veneral diseases and sickness as a result
of intoxication), as well as for injuries received arising out of and in the
course of the employment.
No assessment of employee for such hospital contracts or benefits shall E m p l o y e e s '
exceed one dollar per month for each employee, except in cases where Paymentsit shall appear to the satisfaction of the board, after a hearing had for
that purpose, that the actual cost of such service exceeds the said sum
of one dollar per month, and any such finding of the board may be modi
fied at any time when justified by a change of conditions, or otherwise,
either upon the board’s own motion, or the application of any party in
interest.
No profit, directly or indirectly, shall be made by any employer as a
result of such hospital contract or assessment. It is the purpose and
intent of this act to provide that each and every hospital maintained
wholly or in part by payments from workmen, which furnishes treat
ment and services to employees for sickness and injury, as provided in
this act shall be under the supervision of the board as to services and
treatment rendered such employees, and shall, from time to time make
reports of such services, attendances, treatments, receipts and dis
bursements as the board may require.
S ec . 18. Where the injury causes total disability for work the em- Total disability,
ployer during such disability, but not including the first seven days
thereof, shall pay the injured employee a weekly compensation equal
to fifty-five per cent of his average weekly wages, but not more than
twelve dollars nor less than six dollars a week for a period not exceeding
400 weeks, and thereafter a weekly compensation of six dollars a week.
In no case shall the weekly payments continue after the disability ends.
^In case of an employee whose ai^erage monthly wages are less than
six dollars a week the weekly compensation shall be the full amount of
such average weekly wages, but where the disability is permanent the
weekly compensation in such cases shall be six dollars.
In case the total disability begins after a period of partial disability,
the period of partial disability shall be deducted from such total period
of 400 weeks.
S e c . 19. In the case of the following injuries in the absence of conPresumptions,
elusive proof to the contrary the disability caused thereby shall be
deemed total and permanent; to wit:
(a) The total and permanent loss of sight in both eyes.
(b) The loss of both feet at or above the ankle.
(c) The loss of both hands at or above the wrist.
(d) The loss of one hand and one foot.
(e) An injury to the spine resulting in permanent and complete
paralysis of both legs or arms or of one leg and one arm.
(f) An injury to the skull resulting in incurable imbecility or insanity.
The above enumeration is not to be taken as exclusive.
S ec . 20. Where the injury causes partial disability for work, the . Partial disabiiemployer, during such disability and for a period not exceeding 150 ity*
weeks beginning on the eighth day of disability, shall pay the injured
workman a weekly compensation equal to fifty-five per cent of the
difference between his average weekly wages before the accident and
the weekly wages he is most probably able to earn thereafter, taking
into account the nature of the physical injury or disfigurement, the
occupation of the injured employee and his age at the time of the injury,
not exceeding, however, the difference between the wages which the
injured employee is most probably able to earn after the injury and the
maximum compensation allowed in cases of total disability: Provided,
however, That such a sum shall be paid as compensation in each case,,
which, when added to the wages- which the injured employee is able to
earn after the injury, will equal the minimum compensation allowed
in cases of total disability. In no case shall the weekly payments con
tinue after the disability ends, and in case the partial disability begins,
after a period of total disability the period of total disability shall be
deducted from such total period, of 150 weeks.

420

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 f t h e u n i t e d s t a t e s .

Schedule.

Sec. 21. In the case of the following injuries the compensation shall
be fifty-five per cent of the average weekly wages, but not more than
twelve dollars, to be paid weekly for the periods stated against such
injuries respectively, to wit:
For the loss of—

For the following
number of weeks.

One arm at or near the shoulder.........................................................
One arm at the elbow..........................................................................
One arm between the wrist and elbow..............................................
One hand...............................................................................................
One thumb and the metacarpal bone thereof...................................
One thumb at the proximal joint.......................................................
One thumb at the second distal joint................................................
One first finger and the metacarpal bone thereof.............................
One first finger at the proximal join t.................................................
One first finger at the second joint.....................................................
One first finger at the distal joint.......................................................
One second finger and the metacarpal bone thereof........................
One second finger at the proximal joint............................................
One second finger at the second joint................................................
One second finger at the distal joint......................................... _____
One third finger and the metacarpel bone thereof...........................
One third finger at the proximal joint...............................................
One third finger at the second joint...................................................
One third finger at the distal joint.....................................................
One fourth finger and the metacarpal bone thereof..........................
One fourth finger at the proximal joint.............................................
One fourth finger at the second joint.................................................
One fourth finger at the distal joint...................................................
One leg at or so near the hip joint as to preclude use of an artificial
limb....................................................................................................
One leg at or above the knee where stump remains sufficient to per
mit the use of an artificial lim b......................................................
One leg between the knee and ankle.................................................
One foot at the ankle...........................................................................
One great toe with the metatarsal bone thereof................................
One great toe at the proximal joint....................................................
One great toe at the second joint........................................................
One toe other than great toe with the metatarsal bone....................
One toe other than great toe at proximal joint.................................
One toe other than great toe at second or distal joint.......................
One eye by enucleation.......................................................................
Total blindness of one eye...................................................................

200

180
160
150
60
30
20

30
20

15
10

30
15
10

5
20
12
8

4
12

9
6
3

180
150
140
125
30
15
10
12
6

3
120
100

In all other cases in this class, compensation shall bear such re
lation to the amount stated in the above schedule as the disabilities
bear to those produced by the injuries named in the schedule.
Hernia.
S ec . 22. In all cases of hernia resulting from injury alleged to have
been sustained in the course of and resulting from employee’s employ
ment, it must be proven:
( 1) That it was an injury resulting in hernia; ( 2 ) that the hernia
appeared suddenly and immediately following the injury; (3) that the
hernia did not exist in any degree prior to the injury for which com
pensation is claimed.
Malingering.
S ec. 23. If a partially disabled employee refuses to seek suitable
work or refuses or neglects to work after suitable work is offered to,
procured by, or secured for him, he shall not be entitled to any com
pensation.
Computation of g Ec. 24. Average weekly wages shall be computed in such a manner
ages*
as is best calculated to give the average weekly earnings of the work
man during the twelve months preceding his injury: Provided, That
where by reason of the shortness of the time during which the workman
has been in the employment, or the casual nature of the employment,
it is impracticable to compute the rate of remuneration, regard may be
had to the average weekly earnings which, during the twelve months
previous to the injury, were being earned by a person in the same

TEXT OF LAW S— IDAHO.

421

grade employed at the same work by the employer of the injured work
man, or if there is no person so employed, by a person in the same
grade employed in the same class of employment and in the same
district.
If a workman at the time of the injury is regularly employed in a
higher grade of work than formerly during the year and with large[r]
regular wages, only such larger wages shall be taken into consideration
in computing his average weekly wages.
Sec. ‘25. Any payments made by the employer or his insurer to the Voluntary payinjured workman during the period of disability, or to his dependents, ments*
which, by the terms of this act, were not due and payable when made,
may, subject to the approval of the boards be deducted from the amount
to be paid as compensation: Provided, That in case of disability such
deduction shall be made by shortening the period during which compen
sation must be paid, and not by reducing the amount of the weekly
payments.
S e c . 26. The board, upon the application of either party, may in Times of pay*
its discretion, having regard to the welfare of the employee and the con -ments*
venience of the employer, authorize compensation to be paid monthly
or quarterly instead of weekly.
S e c . 27. Whenever the board determines that it is for the best in- Lump stuns,
terest of all parties, the liability of the employer for compensation
may, on application to the board by any party interested, be discharged
in whole or in part by the payment of one or more lump sums to be
determined by or with the approval of the board.
Any such lump-sum payment shall not exceed the present value of
all future payments of compensation computed at four per cent true
discount compounded annually. The probability of the beneficiary’s
death before the expiration of the period [within] which he is entitled
to compensation shall be determined according to the American ex
perience table of mortality; but in the case of compensation to the
widow or widower of the deceased employee, such lump sum shall not
exceed 100 weeks’ compensation. The probability of the happening
of any other contingency affecting the amount or duration of the com
pensation shall be disregarded. The board shall not commute any
payments to a widow or widower except at her or his request.
Sec. 28. Whenever for any reason the board deems it expedient any Trustees,
lump sum which is to be paiS as provided in section 27 shall be paid by
the employer to some suitable person or corporation appointed by the
probate court as trustee to administer or apply the same for the benefit
of the person or persons entitled thereto in the manner provided by
the board. The receipt of such trustee for the amount so paid shall
discharge the employer or anyone else who is liable therefor.
Part

IV.

S e c . 29. After an injury and during the period of disability, the
Medical examiworkman, if so requested by his employer, or ordered by the board. natlons*
shall submit himself to examination, at reasonable times and places,
to a duly qualified physician or surgeon designated and paid by the
employer. The workman shall have the right to have a physician
or surgeon designated and paid by himself present at such examina
tion, which right, however, shall not be construed to deny to the em
ployer’s physician the right to visit the injured workman at all reason
able times and under all reasonable conditions during total disability.
If a workman refuses to submit himself to or in any way obstructs such
examination, his right to take or prosecute any proceeding under this
act shall be suspended until such refusal or obstruction ceases, and no
compensation shall be payable for the period during which such re
fusal or obstruction continues. If an injured workman persists in in
sanitary, injurious or unreasonable practices which tend to imperil or
retard his recovery, the board may, in its discretion, order the compen
sation of such workman to be suspended or reduced.
S e c . 30. No proceedings under this act for compensation for any
N otice and
injury shall be maintained unless a notice of the injury shall have c aim*
been given to the employer as soon as practicable after the happening

42:2;

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 f t h e UNITED STATES.

thereof, and unless a claim for compensation with respect to such in
jury shall have been made within one year after the date of the injury;
or, in the case of death,, then within one year after such death, whether
or not a claim had been made by the employee himself for compensa
tion. Such notice and such claim may be given or made by any person
claiming to be entitled to compensation or by some one on his behalf.
If payments of compensation have been made voluntarily the making
of a claim within said period shall not be required.
Form,
S e c . 31. Such notice and such claim shall be in writing, and such
notice shall contain the name and address of the employee, and shall
state in ordinary language the time, place, nature, and cause of the in
jury, and shall be signed by him or by a person on his behalf, or, in the
event of his death,, by any one or more of his dependents, or by a person
on their behalf. The notice may include the claim.
Giving of no* Sec. 32. Any notice under this act shall be given to the employer,
tiCe'
or, if the employer be a partnership, then to any one of the partners.
If the employer be a corporation, then the notice may be given to any
agent of the corporation upon whom process may be served, or to any
officer of the corporation, or any agent in charge of the business at the
place where the injury occurred. Such notice shallbe given by deliver
ing it or by sending it by mail by registered letter addressed to the em
ployer at his or its last known residence or place of business. The fore
going provisions shall apply to the making of a claim.
Sufficiency.
Sec. 33. A notice given under the provisions of section thirty of
this act shall not be held invalid or insufficient by reason of any in
accuracy in stating the time, place, nature,, or cause of the injury,, or
otherwise, unless it is shown that the employer was in fact misled to
his injury thereby. Want of notice or delay in giving notice shall not
be a bar to proceedings under this act if it be shown that the employer,
his.agent or representative, had knowledge of the accident, or that the
employer has not been prejudiced by such delay or want of notice.
Incompetents.
Sec. 34. No limitation of time provided in this act shall run as
against any person who is mentally incompetent or a minor dependent
so long as he has no committee, guardian, or next friend.
P art Y .

industrial acci- S e c t io n 35. A board is hereby created to be known as the industrial
cre' accident board, consisting of three members, to be appointed by the
governor, with the approval of the senate.. The term of office of each
member of said board shall be six years, excepting that of the members
of said board first appointed, one shall be appointed to hold office until
the second Monday of January, 1919, one until the second Monday of
January, 1921, and one until the second Monday of January, 1923.
Not more than one of the appointees to such board shall be a person
who, on account of his previous vocations, employment or affiliations
can be classed as a representative of employers, and not more than
one of such appointees shall be a person who,.on account of his previous
vocation, employment or affiliations can be classed as a representative
of workmen; not more than two of the members of the board shall belong
to the same political party. Any vacancy during a term may be filled
by appointment by the governor with the approval of the senate. If
any appointment is made during the recess of the legislature if shall
be subject to confirmation by the senate during its next ensuing session.
After due. notice and public hearing the governor may remove any
commissioner for cause and the good of the public service.
No person shall be eligible to appointment as a member of the board
unless he shall be at least thirty (30) years of age, a qualified elector of
the State of Idaho and a resident of Idaho not less than three years
consecutively next preceding his appointment, of good moral character
and of a previous experience and training to qualify him to efficiently
and justly discharge the duties of his office.
No person accepting appointment as a member of the board and
qualifying as such shall be eligible to election or appointment to any
public office during any calendar year which shall include any part of the
term of membership on.the board for which he may have been appointed
and qualified and in which such election shall be held or appointment

ated.

TEXT OF LAW S---- IDAHO.

423

made. Resignation from membership on the board shall not relieve
such member from any of the provisions of this act, and the acceptance
of appointment and qualification as a member of the board shall con
stitute a valid waiver of any and all statutory or constitutional rights to
or eligibility for holding any other public office during such time.
S e c . 36. The salary of each member of the board shall be three Salaries,
thousand dollars per year.
S e c . 37. A majority of the board shall constitute a quorum for the .General provitransaction of business. The members of the board shall select onesi0nsof their number as chairman. A vacancy on the board shall not impair
the right of the remaining members to perform all the duties and exer
cise all the powers and authority of the board. The act of a majority
of the board, when in session as a board, shall be deemed to be the act
of the board, but any investigation, inquiry or hearing which the board
has power to undertake or to hold may be undertaken or held by or
before any member thereof or any examiner or referee appointed by the
board for that purpose. Every finding, order, decision or award made
by any commissioner, examiner, or referee pursuant to such investi
gation, inquiry or hearing, when approved and confirmed by the board
and ordered filed in its office shall be deemed to be the finding, order,
decision or award of the board.
Sec. 38. The board shall have a seal bearing the following inscrip Seal.
tion : ‘1Industrial accident board, State of Idaho, seal. ’ ’ The seal shall
be affixed to all writs and authentications of copies of records and to
such other instruments as the board shall direct. All courts shall take
judicial notice of said seal.
Sec. 39. The board shall keep its principal office in the capital of Office.
the State and shall be provided with suitable rooms, necessary office
furniture, stationery and other supplies. For the purpose of holding
sessions in other places the board shall have power to rent temporary
quarters.
Sec. 40. The board shall employ such assistance and other employees Employees,
as it may deem necessary to carry out the provisions of this act.
Sec. 41. All officers and employees of the board shall receive such Salaries, etc.
compensation for their services as may be fixed by the board, shall hold
office at the pleasure of the board, and shall perform such duties as are
imposed on them by law or by the board.
Sec. 42. The salaries of every person holding office or employment P a y m e n t of
under the board, as fixed by law or by the board, shall be paid monthly salaries,
after being approved by the board upon claims therefor to be audited
approved by the State board of examiners.
S e c . 43. All expenses incurred by the board pursuant to the proExpenses,
visions of this act, including the actual and necessary traveling and
other expenses and disbursements of the members thereof, its officers
and employees incurred while on business of the board, either within
or without the State, shall, unless otherwise provided in this act, be
paid from the industrial administration fund after being approved by
the board upon claims therefor to be audited and approved by the
State board of examiners.
Sec. 44. The board shall cause to be printed such blank forms as it Forms,
shall deem requisite to facilitate or promote the efficient administration
of this act. It shall provide a book in which shall be entered the
minutes of all its proceedings, a book of record in which shall be
recorded all awards made by the board and such other books or records
as it shall deem requisite for the purpose and efficient administration
of this act. All such records are to be kept in the office of the board.
Sec. 45. The board shall have the power and authority to publish Reports,
and distribute at its discretion from time to time, in addition to its
annual report, such further reports and bulletins covering its operations,
proceedings and matters relative to its work as it may deem advisable.
Sec. 46. The board shall have power and authority to charge and Fees,
collect the following fees:
(1)
For copies of papers and records not required to be certified or
otherwise authenticated by the board, fifteen cents for each folio; for
certified copies of official documents and orders filed in its office or of
the evdience taken at any hearing, twenty cents for each folio.

424

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 f t h e u n i t e d s t a t e s .

(2) To fix and collect reasonable charges for publications issued under
its authority.
(3) The fees charged and collected under this section shall be paid
monthly into the treasury of the State to the credit of the industrial
administration fund and shall be accompanied by a detailed statement
thereof.
Legal adviser. Sec. 47. The attorney general shall be the legal adviser of the board
and shall represent it in all proceedings whenever so requested by the
board or any member thereof.
P art

VI.

Section 48. Process and procedure under this act shall be as sum
mary and simple as reasonably may be and as far as possible in accord
ance with the rules of equity. The board or any member thereof shall
have the power to subpoena witnesses, administer oaths, and to examine
such of the books and records of the parties to a proceeding as relate to
the questions in dispute. The district court shall have power to
enforce by proper proceedings the attendance and testimony of
witnesses, and the production and examination of books, papers and
records. Upon request of any party, a stenographic report of the
testimony at any hearing shall be taken at the cost of such party.
Witnesses subpoenaed by the board or a member thereof shall be
allowed such fees and traveling expenses as are allowed in civil actions,
to be paid by the party in whose interest such witnesses are subpoenaed.
Agreements.
Sec. 49. If the employer and the injured employee reach an agree
ment in regard to compensation under this act, a memorandum of the
agreement shall be filed with the board and, if approved by it, there
upon the memorandum shall for all purposes be enforcible under the
provisions of section 58 unless modified as provided in section 56.
Such agreements shall be approved by the board only when the terms
conform to the provisions of this act.
Committees
Sec. 50. If the compensation is not settled by agreement, either
arbitration.
party may make an application to the board for the formation of a com
mittee of arbitration. Such committee shall consist of three members,
one of whom shall be a member of the industrial accident board, or
appointed by it, who shall act as chairman. The other two members
shall be named, respectively, by the parties. If a vacancy occurs it
shall be filled in the same way as the original appointment.
Appointment.
Sec. 51. Immediately after such application the board shall desig
nate one of its members, or a substitute, to act as chairman of the com
mittee of arbitration, and shall request the parties to appoint their
respective representatives. If within seven days after such request,
or after a vacancy has occurred, either party does not appoint his repre
sentative the board shall fill the vacancy and notify the parties to that
effect.
Hearings and
Sec. 52. The committee on arbitration shall make such inquiries
awards.
and investigations as it shall deem necessary. The hearings of the
committee, unless otherwise agreed, shall be held in the city or town
where the injury occurred if within this State, and the award of the
committee, together with a statement of its findings of fact, ruling of
law, and any other matters pertinent to the questions arising before it,
shall be filed with the industrial accident board. A copy of the award
shall be immediately sent to the parties. Unless a claim for a review
is filed by either pary within thirty days the award shall be enforcible
under the provisions of section 56.
Medical examiSec. 53. The industrial accident board, or any member thereof,
nation.
may appoint a duly qualified impartial physician to examine the in
jured employee and to report. The fee for this service shall be ten dol
lars and traveling expenses, but the board may allow additional reason
able amounts in extraordinary cases.
Fees.
S ec. 54. The fees and expenses of arbitrators under section 52 and
of physicians under section 53 shall be paid by the State, as the other
expenses of the board are paid.
Review.
Sec. 5 5 . If an application for review is made to the board, or if the
committee fails to make an award within thirty days after its formation,
the board shall allow a full trial and shall make an award which shall
Procedure.

TEXT OF LAW S---- IDAHO.

425

be filed with the record of proceedings and shall state its conclusions of
of fact and rulings of law, and shall immediately send to the parties a
copy of the award.
S e c . 56. On the application of any party on the ground of a change Modifications.
in conditions, the board may at any time, but not oftener than once in
six months, review any agreement or award, and on such review may
make an award ending, diminishing, or increasing the compensation
previously agreed upon or awarded, subject to the maximum and mini
mum provided in this act, and shall state its conclusions of fact and
rulings of law, and immediately send to the parties a copy of the award,
but this section shall not apply to a commutation of payments under
section 27.
S e c . 57. An award of the board in the absence of fraud, shall be final Appeals,
and conclusive between the parties except as provided in section 56,
unless within thirty days after a copy has been sent to the parties, either
party appeals to the district court. On such appeal the jurisdiction of
said court shall be limited to a review of questions of law.
S e c . 58. Any party in interest may file in the district court for the Enforcement.
county in which the injury occurred, if such injury occurred within the
State, otherwise in the district court for the county where the employer
and employee resides, a certified copy of a decision of the board award
ing compensation, from which no appeal has been taken within the time
allowed therefor, or a certified copy of a memorandum of agreement
approved by the board, whereupon said court shall render a decree or
judgment in accordance therewith and notify the parties thereof. Such
decree or judgment shall have the same effect and all proceedings in
relation thereto shall thereafter be the same, as though said decree or
judgment had been rendered in a suit duly heard and determined by
said court, except that there shall be no appeal therefrom, and the
same shall not constitute a lien upon the real property of the employer
unless execution shall be levied thereon.
S e c . 59. If the committee of arbitration, the board or any court Costs.
before whom any proceedings are brought under this act, determines
that such proceedings have been brought, prosecuted, or defended
without reasonable ground, he or it may assess the whole cost of the
proceedings upon the party who has so brought, prosecuted or defended
them.
of
S ec . 60. All questions arising under this act, if not settled by agree- Powers
ment of the parties interested therein, with the approval of the board, board*
shall, except as otherwise herein provided, be determined by the
board. The decisions of the board shall be enforceable by the district
court under the provisions of section 58. There shall be a right of
appeal from decisions of the board to the district court as provided in
section 57, but in no case shall such an appeal, either under this section
or under section 57, operate as a supersedeas or stay unless the board or
the district court shall so order.
S e c . 61 . The district court, upon the filing with it of a certified copy Revision of deof a decision of the board, ending, diminishing, or increasing compensa-crees’
tion previously awarded, shall revoke or modify its prior decree or
judgment so it will conform to said decision.
S e c . 62. If a workman who has been hired in this State receives per- igMes outside
sonal injury by accident arising out of and in the course of such employ- 0 btate*
ment, he shall be entitled to compensation according to the law of this
State even though such injury was received outside of this State.
If a workman who has been hired outside of this State is injured while
engaged in his employer’s business, and is entitled to compensation for
such injury under the law of the State where he was hired, he shall be
entitled to enforce against his employer his rights in this State if his
rights are such that they can reasonably be determined and dealt with
by the board and the courts in this State.
P art

V II.

S e c t io n 63. All rights of compensation granted by this act shall Status
have the same preference or priority for the whole thereof against the awar s*
assets of the employer as is allowed by law for any unpaid wages for
labor.

426

w o r k m e n ’s c o m p e n s a tio n la w s o f t h e u n it e d s t a t e s .

E x e m p tio n ,
e d ., of payments.

S e c . 64. No claims for compensation under this act shall be assign
a|3]e ancj a]j compensation and claims therefor shall be exempt from all
claims of creditors. Claims of attorneys and of physicians for services
under this act shall be subject to the approval of the board.
Part

VIII.

■ S e c t io n 65. Employers, but not including the State or the municipal
bodies mentioned in section 2 , shall secure compensation to their em
ployees in one of the following ways:
(a) By insuring and keeping insured the payment of such compen
sation in the State insurance fund, or
(b) By depositing and maintaining with the State insurance manager
security satisfactory to the board securing the payment by said em
ployer of compensation according to the terms of this act. Such
security may consist of a surety bond or guaranty contract with any
company authorized to do surety or guaranty business in Idaho and
having a sufficient deposit with the State treasurer upon which execu
tion may lawfully be issued against said company on behalf of any
workman secured under said bonds or contracts.
No company shall be permitted to write surety bonds or guarantee
contracts covering the liability hereunder of employees of this State
unless it shall have been authorized to do business under the laws of
this State and until it shall have received the approval of the board.
The board is hereby authorized to make and change such reasonable
regulations as they may deem necessary with reference to the capital
stock, surplus, and reserves of such companies, to the end that the
workmen secured under this act by any such company, shall be ade
quately protected. The approval by the board of any such company,
may be withdrawn if it shall appear to the board that workmen secured
therein under this act are not fully protected.
The board is also authorized to make and change such rules and regu
lations as they shall deem necessary to secure the prompt payment of
compensation awards under this act, and shall withdraw their approval
of any company, whenever it appears that such company unnecessarily
delays the payment of such awards.
Notice.
S e c . 6 6 . If the security so effected i s not with the^ State insurance
fund, the employer shall "forthwith file with the State insurance mana
ger, in form prescribed by the board, a notice of his security.
Notice to be
S e c . 67. Every employer who has complied with section 65 of this
posted.
act gkall post and maintain in a conspicuous place or places in and
about his place or places of business typewritten or printed notices in
form prescribed by the board, stating the fact that he has complied
with the law as to securing the payment of compensation to his employ
ees and their dependents in accordance with the provisions of this act.
Failure to seS e c . 68 . If an employer subject to the provisions of this act fails to
cure compensa- co m p iy -with the provisions of section 65 he shall be liable to a penalty
for every day during which such failure continues, of one dollar for
every employee to be recovered in an action brought by the State
insurance manager in the name of the State or in his own name, and
the amount so collected shall be paid into the State insurance fund.
The State insurance manager may, however, in his discretion, for
good cause shown, remit any such penalty in whole or in part, provided,
the employer in default secures compensation, as provided in section 65.
Furthermore, if any employer shall be in default under section 65
for a period of thirty days, he may be enjoined by the district court
from carrying on his business while such default continued.
Provisions
of
S e c . 69. Every policy of insurance in the State insurance fund
contracts.
and every guarantee contract or surety bond covering the liability
of the employer for compensation, shall cover the entire liability
of the employer to his employees covered by the policy, bond, or
contract, and also shall contain a provision setting forth the right of
the employees to enforce in their own names either by at any time
filing a separate claim or by at any time making the surety a party
to the original claim, the liability of the surety in whole or in part
for the payment of such compensation: Provided, however, That pay
ment in w^hole or in part of such compensation by either the employer

Security of pay
ments.

TEXT OF LAW S---- IDAHO.

427

or the surety shall, to the extent thereof, be a bar to the recovery
against the other of the amount so paid.
Sec. 70. Every such policy and. contract shall contain, a provision Effect of notice
that, as between the employee and the surety, the notice to or knowl- t0 emi)1°yeredge of the occurrence of the injury on the part of the employer shall
be deemed notice or knowledge, as the case may be, on the part of the
surety; that the jurisdiction of the employer shall, for the purpose of
this act, be jurisdiction of the surety, and that the surety shall in all
things be bound by and subject to the orders, findings, decisions, or
awards rendered against the employer for the payment of compensa
tion under the provisions of this act.
S e c . 71. Every such policy and contract shall contain a provision
insolvency,
to the effect that the insolvency or bankruptcy of the employer and
his discharge therein shall not relieve the surety from the payment of
compensation for injuries or death sustained by an employee during
the life of such policy or contract.
Sec. 72. No policy of insurance or guaranty contract or surety bond Notice of canissued against liability arising under this act shall be canceled within celIatl0nthe time limited in such contract for its expiration until at least ten
days after notice of intention to cancel such contract on a date specified
in such notice, shall have been filed in the office of the State insurance
manager,, and also served on the employer.
Sec. 73. Any sums necessary to be paid under the provisions of .Public corporathis act by any public corporation for premiums or compensation shalltl0ns*
be considered to be ordinary and necessary expenses of such corpora
tion, and the governing body of such public corporation shall make
appropriation of and pay such sums whenever necessary, notwith
standing that such governing body may have failed to anticipate such
ordinary and necessary expense in any budget, estimate of expenses,
appropriation ordinance, or otherwise.
Sec. 74. No agreement by an employee to pay any portion of the Deductions.from
premiums paid by his employer to the State insurance fund or to wagescontribute to a benefit fund or department maintained by such em
ployer, except as authorized by sections 9 and 17 r or to the cost of other
security maintained for or carried for the purpose of securing compen
sation as herein required shall be valid; and any employer who makes
a deduction for such purpose from the wages ov salary of any employee
entitled to the benefits of this act shall be guilty of a misdemeanor.
F art
S e c t io n

IX.

75. There is hereby created a fund, to be known a3 “ The

state insuranca

State insurance fund,” for the purpose of insuring employers against und*
liability for compensation under this workmen’s compensation act
and of assuring to the persons entitled thereto the compensation pro
vided by said act. Such fund shall consist of all premiums and penal
ties received and paid into the fund, of property and securities acquired
by and through the use of moneys belonging to the fund, and of interest
earned upon moneys belonging to the fund and deposited or invested
as herein provided.
Such fund shall be administered by the State insurance manager
without liability on the part of the State beyond the amount of such
fund. Such fund shall be applicable to the payment of losses sustained
on account of insurance and to the payment of compensation under
the workmen’s compensation act and of expenses of administering this
part, which part may be cited as the 4‘ State insurance act.”
S e c . 76, The governor, with the approval of the sena>te, shall appoint Manager,
a manager of the State insurance fund, who shall hold office for the
term of five years unless sooner removed by the governor for cause
stated. Any vacancy in said office may be filled at any time by ap
pointment made by the governor with the approval of the senate.
If such an appointment is made during a recess of the legislature it
shall be subject to confirmation by the senate at its next ensuing session.
Sec. 77. It shall be the duty of such State insurance ma;nager to Powers and*dteconduct the business of the State insurance fund and he is hereby ties*
vested with full authority over the said fund, and may do any a,nd
all things which are necessary or convenient in the administration

428

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thereof, or in connection with the insurance business to bo carried
on by him under the provisions of this act.
Rates.
S e c . 78. The State insurance manager shall have full power to
determine the rates to be charged for insurance in said fund, and
to conduct all business in relation thereto, all of which business shall
be conducted in his official name of State insurance manager,
Power as to
S e c . 79. The State insurance manager may in hisofficial name sue and
suits.
be sued in all the courts of the State, and before the industrial accident
board in all actions or proceedings arising out of anything done or
offered in connection with the State insurance fund or business relating
thereto.
Contracts.
S e c . 80. The State insurance manager may in his official name make
contracts of insurance as herein provided and such other contracts
relating to the State insurance fund as are authorized or permitted under
he provisions of this act.
Employees.
S e c . 81. The State insurance manager may employ such assistants,
experts, statisticians, actuaries, accountants, inspectors, clerks, and
other employees as he may deem necessary to carry out the provisions
of this act or to perform the duties imposed upon him by this act.
Personal liabil*
S e c . 82. The State insurance manager shall not, nor snail any person
y*
employed by him, be personally liable in his private capacity for or on
account of any act performed or contract entered into in an official
capacity in good faith and without intent to defraud, in connection with
the administration of the State insurance fund or affairs relating thereto.
Salary.
S e c . 83. The salary of the State insurance manager shall be four
four thousand per year. His salary, and the salaries or compensation
of his several employees, and all expenses incurred by him shall be
audited and paid in the first instance out of the State treasury in the
manner prescribed for similar expenditures in other departments or
branches of the State service.
Delegation (f
S e c . 84. The State insurance manager may act through proper depuowers*
ties and may delegate to such deputies such powers as he deems neces
sary or convenient.
Among the powers which may be so delegated shall be the power to
enter into contracts of insurance, insuring employers against liability
for compensation under the workmen’s compensation act, and insuring
to employees the compensation fixed by said a ct; also the power to make
agreements, subject to the approval of the industrial accident board hav
ing jurisdiction, for the settlement of claims against said fund for com
pensation for injuries in accordance with the provisions of said act; also
the power to determine to whom and through whom payments of such
compensation shall be made; and also the power to contract with
physicians, surgeons, and hospitals for medical and surgical treatment
and care and nursing of injured persons entitled to compensation from
said fund.
Bond.
S e c . 85. Before entering on the duties of his office the State insur
ance manager shall give an official bond in the sum of fifty thousand
dollars and shall take and subscribe an official oath. Said bond shall
approved and filed as in the case of other official bonds required of State
officials.
C u s t o d y of
S e c . 86 . The State treasurer shall be the custodian of the Stateinsurance fund; and all disbursements therefrom shall be paid by him upon
warrants or vouchers authorized and signed by the State insurance
manager, and also signed by the State auditor. The State treasurer
shall give a separate and additional bond in an amount to be fixed by the
governor, and with sureties approved by him, conditioned for the faith
ful performance of his duty as custodian of the State insurance fund.
The State treasurer may deposit any portion of the said fund not needed
for immediate use, in the manner and subject to all the provisions of
law respecting the deposit of other State funds by him. Interest earned
by such portion of the State insurance fund deposited by the State treas
urer shall be collected by him and placed to the credit of the fund.
Surplus and reS e c . 87. Ten per cent of the premiums collected from employers
( •
insured in the fund shall be set aside by the State insurance manager
for the creation of a surplus, until such surplus shall amount to the sum
of one hundred thousand dollars, and thereafter five per cent of such
premiums, until such time as in the judgment of the State insurance

TEXT OF LAW S---- IDAHO.

429

manager such surplus shall be sufficiently large to cover the catastrophe
hazard and all other unanticipated losses. The State insurance mana
ger shall also set up and maintain a reserve adequate to meet antici
pated losses and carry all claims and policies to maturity. The amount
of such surplus and reserve shall be subject to the approval of the State
insurance commissioner.
S ec . 88. The State insurance manager may invest any of the surplus Investments,
or reserve funds belonging to the State insurance fund in the same secur
ities and investments authorized for investments by savings banks.
All such securities or evidences of indebtedness shall be placed in the
hands of the State treasurer, who shall be the custodian thereof. He
shall collect the principal and interest thereof, when due, and pay the
same into the State insurance fund. The State treasurer shall pay all
warrants or vouchers drawn on the State insurance fund for the making
of such investments when signed by the State insurance manager and
by the State auditor. The State insurance manager, with the consent
of the State auditor, may sell any of such securities, the proceeds thereof
to be paid over to the State treasurer for said State insurance fund.
S ec . 89. The entire expense of administering the State insurance Expenses,
fund shall be paid in the first instance by the State, out of moneys ap
propriated therefor. In the month of July, nineteen hundred eighteen,
and semiannually thereafter in such month, the State insurance mana
ger shall ascertain the just amount of expense incurred by him during
the preceding calendar year, in the administration of the State insurance
fund,including expense incurred for the examination, determination,
and payment of losses and claims, and shall refund such amount to the
State treasury.
S e c . 90. Employments insured in the State insurance fund shall be Classifications,
divided by the State insurance manager, for the purposes of the said
fund, into classes. Separate accounts shall be kept of the amounts col
lected and expended in respect to each such class for convenience in
determining equitable rates; but for the purpose of paying compensa
tion the State insurance fund shall be deemed one and indivisible.
The State insurance manager shall have power to rearrange any of the
classes by withdrawing any employment embraced in it and transferring
it wholly or in part to any other class, and from such employments to set
up new classes in his direction [discretion]. The State insurance man
ger shall determine the hazards of the different classes and fix the rates
rates of premiums therefor based upon the total pay roll and number of
employees in each of such classes of employment at the lowest possible
rate consistent with the maintenance of a solvent State insurance fund
and the creation of a reasonable surplus and reserve; and for such pur
pose may adopt a system of schedule rating in such a manner as to take
account of the peculiar hazard of each individual risk.
S e c. 91. The State insurance manager shall keep an account of the Separat e a&
money paid in premiums by each of the several classes of employments, counts*
and the expense of administering the State insurance fund and the dis
bursements on account of injuries and deaths of employees in each of
said classes, including the setting up of reserves adequate to meet an
ticipated and unexpected losses and to carry the claims to maturity;
and also an account of the money received from each individual em
ployer; and of the amount disbursed from the State insurance fund for
expenses, and on account of injuries and death of the employees of such
employer, including the reserves so set up.
S e c . 92. At the end of every year, and at such other times as the State Dividends,
insurance manager in his discretion may determine, a readjustment of
the rate shall be made for each of the several classes of employments or
industries. If at any time there is an aggregate balance remaining to
the credit of any class of employment or industry which the State
insurance manager deems may be safely and properly divided, he may
in his discretion credit to each individual member of such class who
shall have been a subscriber to the State insurance fund for a period of
six months or more, prior to the time of such readjustment, such pro
portion of such balance as he is properly entitled to, having regard to
his prior paid premiums since the last readjustment of rates.
S e c . 93. If the premiums fixed for any class and collected from its Assessments,
members are subsequently found by the State insurance manager to

430

W O R K M E N ’ S COMPENSATION LAW S OF TH E UNITED STATES.

have been too small for any period, he may determine what additional
premiums are required from said class for said period, and may make
assessments accordingly, and each of the members of such class shall
be liable to the said manager to pay such assessment so made upon him
within thirty days after notice thereof.
Readjustments.
g EC. 94. If the amount of premium collected from any employer at
the beginning of any period is ascertained by using the estimated ex
penditure of wages for the period of time covered by such premium
payment as a basis, an adjustment of the amount of such premium shall
be made at the end of such period and the actual amount of such pre
mium shall be determined in accordance with the amount of the actual
expenditure of wages for such period; and if such wage expenditure for
such period is less than the amount on which such estimated premium
was collected, such employer shall be entitled to receive a refund from
the State insurance fund of the difference between the amount so paid
by him and the amount so found to be actually due, or to have the
amount of such difference credited on succeeding premium payments
at his option; and if such actual premium, when so ascertained, exceeds
in amount a premium so paid by such employer at the beginning of
such period, such employer shall immediately, upon being advised of
the true amount of such premium due, forthwith pay to the State in
surance manager an amount equal to the difference between the
amount actually found to be due and the amount paid by him at the
beginning of such period.
Policies.
gEC. 95. (1) Every employer insuring in the State insurance fund
shall receive from the State insurance manager a contract or policy of
insurance in a form to be approved by the State insurance commis
sioner.
Payment of pre(2) Except as otherwise provided in this act, all premiums shall be
miums.
paid by every employer who elects to insure with the State insurance
fund to the State insurance manager on or before January first, nine
teen hundred and eighteen, and semiannually thereafter or at such
other times as may be prescribed by the State insurance manager.
Receipts shall be given for such payments and the money shall be paid
over to the State treasurer to the credit of the State insurance fund.
Defaults.
s EC. 9 6 . If an employer shall default in any payment required to be
made by him to the State insurance fund, the amount due from him
shall be collected by civil action against him in the name of the State
or of the State insurance manager, and it shall be the duty of the State
insurance manager forthwith to bring or cause to be brought against
each such employer a civil action in the proper court for the collection
of such amount so due; and the same, when collected by the State
insurance manager, shall be paid into the State insurance fund, and
such employer’s compliance with the provisions of this act requiring
payments to be made to the State insurance fund shall date from the
time of the payment of said money so collected to the State insurance
manager.
An employer who is in default for ten days in payment of any pre
mium shall also be liable to a penalty for every day during which such
failure continues of one dollar for every employee, to be recovered in
an action brought by the State insurance manager in the name of the
State, or in his own name and the amounts so collected shall be paid
into the State insurance fund.
The State insurance manager may, however, in his discretion for
good cause shown, remit any such penalty in whole or in part, provided
the employer in default subsequently pays the premium.
fromfundr a W a l
S? c * 97‘ Any employer may, upon complying with subdivision (b) of
section 65 of this act, withdraw from the fund by turning in his insur
ance contract or policy for cancellation: Provided, He is not in arrears
for premiums due to the fund and has given to the State insurance
manager written notice oi his intention to withdraw thirty days before
the expiration of the period for which he has elected to insure in said
fund; And also 'provided, That in case any employer so withdraws, his
liability to assessments shall continue after the date* of such with
drawal as against all liabilities for such compensation accruing prior
to such withdrawal.

TEXT OF LAW S---- IDAHO.

431

Any employer so withdrawing may, however, terminate his entire
liability by paying to the State insurance manager such sum as said
manager may deem sufficient to cover such liabilities.
S e c . 98. The State insurance manager may reinsure any risk, or any
Reinsurance,
part thereof, and may enter into agreements of reinsurance in the same
way and to the same extent as other insurance carriers.
S e c . 9 9 . Every employer who is insured in the State insurance fund
Pay ro]Is*
shall keep a true and accurate record of the number of his employees
and the wages paid by him, and shall furnish to the State insurance
manager, upon demand, a sworn statement of the same. Such record
shall be open to inspection at any time and as often as the State insur
ance manager shall require to verify the number of employees and the
amount of pay roll.
S e c . 1 00. An employer who shall willfully misrepresent the amount . Misrepresents
of the pay roll upon which the premiums chargeable by the State in - tlons*
surance fund are to be based shall be liable to the State in ten times
the amount of the difference between the premiums paid and the
amount the employer should have paid had his pay roll been correctly
computed; and the liability to the State under this section shall be
enforced in a civil action by the State insurance manager in the name
of the State, or in his own name, and any amount so collected shall
become a part of State insurance fund.
Sec. 101. Any person who willfully misrepresents any fact in order Same,
to obtain insurance in the State insurance fund at less than the proper
rate for such insurance, or in order to obtain payment out of such fund,
shall be guilty of a misdemeanor.
S e c . 102 . The State insurance manager shall have the right to ininspection,
spect the plants and establishments of employers insured in the State
insurance fund; and the inspectors designated by the State insurance
manager shall have free access to such premises during regular working
hours, and at other reasonable times.
S e c . 103. Information acquired by the State insurance manager or information
his officers or employees from employers or employees pursuant to this confidential*
act shall not be open to public inspection, and any officer or employee
of the State insurance manager who, without authority of the State
insurance manager or pursuant to his rules, or as otherwise required by
law, shall disclose the same shall be guilty of a misdemeanor.
S e c . 104. All premium rates fixed by the State insurance manager
Premium rates
for the State insurance fund shall be subject to the approval of the to be aPProved*
insurance commissioner in the same way and to the same extent as may
be provided by law in the case of private insurance carriers.
S e c . 105. The State insurance manager shall submit each month to
Allotments for
the State board of examiners an estimate of the amount necessary to payments*
meet the current disbursements for insurance losses, and workmen’s
compensation from the State insurance fund, during ea'ch succeeding
calendar month, and when such estimate shall be approved by the State
board of examiners, the State treasurer is authorized to pay the same
out of the State insurance fund. At the end of each calendar month the
State insurance manager shall account to the State board of examiners
for all moneys so received, furnishing proper vouchers therefor.
S e c . 106. The State insurance manager shall file with the State insurReports,
ance commissioner such reports as may be required of other insurance
carriers; and shall also, whenever so requested by the State insurance
commissioner, furnish him with such further information as he may
need for the performance of the duties imposed upon him by this act.
Sec. 107. A public corporation m^y insure against its liability for Public corporacompensation with the State insurance fund and not with any other tlons*
insurance carrier, unless such fund shall refuse to accept the risk when
the application for insurance is made.
P art X .
Every employer shall hereafter keep a record of all Reports of accl*
injuries, fatal or otherwise, received by his employees in the course of aentstheir employment. Within forty-eight hours, not counting Sundays
and legal holidays, after the occurrence of an injury causing absence
S e c t io n 108.

432

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 f t h e u n i t e d s t a t e s .

from work for one day or more, a report therefor shall be made in writing
to the board in the form prescribed by the board.
Upon the termination of the disability of the injured employee, the
employer shall make a supplemental report to the board, in form pre
scribed by the board. If the disability extends beyond a period of
sixty days, the employer shall report to the board at the end of such
period that the injured employee is still disabled, and upon the termina
tion of the disability shall file a final supplemental report as provided
above.
The said reports shall contain the name and nature of the business of
the employer, the situation of the establishment, the name, age, sex,
wages and occupation of the injured employee, and shall state the date
and hour of the accident causing the injury, the nature and cause of the
injury, and such other information as may be required by the board.
Any employer who refuses or neglects to make the report required
by this section shall be punished by a fine of not more than five hundred
dollars for each offense.
Within sixty days after the termination of the disability of the injured
employee, the employer or other party liable to pay the compensation
provided by this act shall file with the board a statement showing the
total payments made or to be made for compensation and for medical
services for such injured employee.
Interstate comS e c . 109. This act shall affect the liability of employers to employees
merce*
engaged in interstate or foreign commerce, or otherwise, only so far as
the same is permissible under the laws of the United States.
Definitions.
Sec. 110. In this act, unless the context otherwise requires, words
and phrases shall have the following meanings:
Employer.
S e c . 110-a. ‘ ‘Employer” unless otherwise stated, includes any body
of persons, corporate or unincorporated, public or private, and the legal
representative of a deceased employer. It includes the owner or lessee
of premises, or other person who is virtually the proprietor or operator
of the business there carried on, but who, by reason of there being an
independent contractor, or for any other reason, is not the direct
employer of the workmen there employed. If the employer is secured
it includes his surety so far as applicable.
Workman.
S e c . 110-b. “ Workman” is used as synonymous with “ employee”
and means any person who has entered into the employment of, or
works under contract of service or apprenticeship with, an employer.
It does not include any person engaged in any of the accepted employ
ments enumerated in" section 3, unless an agreement as provided in
said section is in force between employer and employee making the
provisions hereof applicable, nor does it include a person whose remu
neration exceeds twenty-four hundred dollars a year. Any reference to
a workman whp has been injured shall, where the workman is dead,
include a reference to his dependents as herein defined, if the context
so requires, or, where the employee is a minor or incompetent, to his
committee or guardian or next friend.
A. minor working at an^ age legally permitted under the laws of this
State shall be deemed sui juris for the purpose of this act, and no other
person shall have any cause of action or right to compensation for an
injury to such minor workman except as expressly provided in this act,
but in the event of a lump-sum payment becoming due under this act
to such minor workman, the management of the sum shall be within
the probate jurisdiction of the courts the same as other property of
minors.
Outworkers.
Seq. 110-c. An “ outworker ” is a person to whom articles or materials
are given to be treated in any way on f>remises not under the control or
management of the person who gave them out.
Injury.
S e c . 110-d. ‘ ‘Injury” or ‘ ‘personal injury ” includes death resulting
from injury within two years.
Scope.
S e c . 110-e. The words ‘ ‘personal injury by accident arising out of
and in the course of such employment” shall include an injury caused
by the willful act of a third person directed against an employee because
of his employment. They shall not include a disease except as it shall
result from the injury.
Employment.
S e c . 110-f. “ Employment,” in the case of private employers, in
cludes employment only in a trade or occupation which is carried on

TEXT OF LAW S---- IDAHO.

433

by the employer for the sake of pecuniary gain. It shall also include
any of the pursuits specified in section 3 when the employer and the
employee shall have elected to come under the act as in said section
provided.
Board.
S e c . 110-g. The word 1‘board,” whenever used in this act, unless the
context shows otherwise, shall be taken to mean the industrial accident
board.
S e c . 110-h. “ Partial disability.”
Diminished ability to obtain em Partial disabil
ployment owing to disfigurement resulting from an injury may be held to ity.
constitute partial disability.
S e c . 110-i. “ Wages” shall include the market value of board, lodg
ing, fuel, and other advantages which can be estimated in money which
the employee receives from the employer as a part of his remuneration.
i 1Wages” shall not include any sums which the employer has paid to
the employee to cover any special expenses entailed on him by the
nature of his employment.
Surety.
S e c . 110-j. ‘ ‘Surety ” shall include the State insurance manager,
representing the State insurance fund, and also any companies from
any of which employers have obtained surety bonds or guaranty con
tracts in accordance with the provisions of tnis act.
Sec. 110-k. Any terms shall include the singular and both sexes Number and
sex.
where the context so requires.
Provisions sev
S e c . 111. If any part or section of this act be decided by the courts
to be unconstitutional or invalid, the same shall not affect the validity erable.
of the act as a whole, or any part thereof which can be given effect
without the part so decided to be unconstitutional or invalid.
False s ta te S e c . 112. If for the purpose of obtaining any benefit or payment
under the provisions of this act, either for himself or for any other per ments.
son, any one willfully makes a false statement or representation, he
shall be guilty of a misdemeanor and he shall forfeit all right to com
pensation under this act after conviction for such offense.
Prior injuries.
S e c . 113. The provisions of this act shall not apply to injuries sus
tained, or accidents which occur, prior to the taking effect hereof.
Sec. 114. This act shall be so interpreted and construed as to effect Construction.
its general purpose to make uniform the law of those States which enact
it.
Appropriation.
S e c . 115. For the purpose of carrying out Part IX of this act there
is hereby appropriated out of the funds in the State treasury not other
wise appropriated, the sum of twenty thousand dollars or so much
thereof as may be necessary to be placed in the State insurance fund
and to be refunded as provided in section 89 of this act. There is also
hereby appropriated out of the funds in the State treasury not otherwise
appropriated the sum of fifteen thousand dollars, or so much thereof as
may be necessary, to be placed in the industrial administration fund.
Title*
S e c . 116. This act may be cited as the “ Workman’s compensation
act.”
Approved March 16, 1917.
177982—21—Bull. 272-

ILLINOIS.
ACTS OF 1913.
Compensation of ivorhnen for injuries.
(Page 335.)

Election by certain employers.

1 (as amended by act, p. 505, acts of 1917). Any employer
g^ate who does not come within the classes enumerated Jby
section three (3) of this act may elect to provide and pay compensation
for accidental injuries sustained by any employee arising'out of and
in the course of the employment according to the provisions of this
act, and thereby relieve himself from any liability for the recovery
of damages, except as herein provided.
(a) Election by any employer to provide and pay compensation
according to the provisions of this act shall be made by the employer
filing notice of such election with the industrial board.
(b) Every employer within the provisions of this act who has
elected to provided [provide] and pay compensation according to the
provisions of this act, shall be bound thereby as to all his employees
covered by this act until January 1st of the next succeeding year and
for terms of each year thereafter: Provided, Any such employer who
may have once elected, may elect not to provide and pay the compen
sation herein provided for accidents resulting in either injury or
death and occurring after the^ expiration of any such calendar year
by filing notice of such election with the industrial board at least
sixty days prior to the expiration of any such calendar year, and by
posting such notice at a conspicuous place in the plant, shop, office,
room or place where such employee is employed, or by personal serv
ice, in written or printed form, upon such employee, at least sixty
(60) days prior to the expiration of any such calendar year.
Presumption as
(c) j n the event any employer mentioned in this section elects to
to employees.
provide and pay the compensation provided in this act, then every
employee of such employer, as a part of his contract of hiring or who
may be employed at the time of the taking effect of this act and the
acceptance of its provisions by such employer, shall be deemed to have
accepted all the provisions of this act and shall be bound thereby
unless within thirty (30) days after such hiring or after the taking
effect of this act, and its acceptance by such employee, he shall file
a notice to the contrary with the industrial board, whose duty it shall
be to immediately notify the employer, and until such notice to the
contrary is given to the employer, the measure of liability of such em
ployer shall be determined according to the compensation provisions
of this act: Provided, however, That any employee may withdraw
from the operation of this act upon filing a written notice of with
drawal at least ten (10) days prior to January 1 of any year with
the industrial board, whose duty it shall be to immediately notify
such employer by registered mail, and, until such notice to the con
trary is given to such employer, the measure of liability of such em
ployer shall be determined according to the compensation provisions
of this act.
Withdrawals.
(d) Any such employer or employee niay, without prejudice to
any existing right or claim, withdraw his election to reject this act
by giving thirty (30) days’ written notice in such manner and form
as may be provided by the industrial board.
Sec. 2. [Repealed.]
Em ploym ents
S e c . 3 (as amended by act, p. 538, acts of 3919). The provisions of
covered.
y
hereinafter following shall apply automatically, and without
election to the State, county, city, town, township, incorporated
village or school district, body politic or municipal corporation, and
S e c tio n

434

TEXT

O F

L A W S ---- I L L I N O I S .

435'

to all employers and their employees, engaged in any of the following
enterprises or businesses which are declared to be extrahazardous,
namely:
1. The erection, maintaining, removing, remodeling, altering, or
demolishing of any structure, except as provided in subparagraph
8 of this section.
2 . Construction, excavating or electrical work, except as provided
in subparagraph 8 of this section.
3. Carriage by land or water and loading or unloading in con
nection therewith, including the distribution of any commodity by
horse-drawn or motor-driven vehicle where the employer employs
more than three employees in the enterprise or business, except as
provided in subparagraph 8 of this section.
4. The operation of any warehouse or general terminal storehouses.
5. Mining, surface mining, or quarrying.
6 . Any enterprise in which explosive materials are manufactured,
handled, or used in dangerous quantities.
7. In any enterprise wherein molten metal, or explosive or injur
ious gases or vapors, or inflammable vapors or fluids, or corrosive
acids are manufactured, used, generated, stored, or conveyed in
dangerous quantities.
8 . In any enterprise in which statutory or municipal ordinance
regulations are now or shall hereafter be imposed for the regulating,
guarding, use or the placing of machinery or appliances or for the
protection and safeguarding of the employees or the public therein;
each of which occupations, enterprises or businesses are hereby de
clared to be extra hazardous: Provided, Nothing contained herein
shall be construed to apply to any work, employment, or operations
done, had, or conducted by farmers and others.engaged in farming,
tillage of the soil, or stock raising, or to those wiio rent, demise, or lease
land for any such purposes, or to any one in their employ or to any
work done on a farm, or country place, no matter what kind of work
or service is being done or rendered.
Sec. 3i (added by act, p.490, acts of 1917). (a) If the plaintiff in any Pleadings.
action mentioned in section 3 shall in his declaration or in his other
pleading allege that the employer has filed notice of his election not
to provide and pay compensation according to the provisions of the
workmen’s compensation act and such allegation be not denied by
a verified pleading, then such employer shall for the purpose of that
action be conclusively presumed to have filed his notice of nonelection.
(h)
A certificate of the fact of the filing by an employer of the notice Certificate.
of nonelection provided in section 2 and of the non withdrawal thereof
shall be prima facie proof in any action mentioned in section 3 of the
fact of the filing of such notice of nonelection and of the nonwithdrawal
thereof. Such certificate may be under the seal of the industrial
board and signed by any member or the secretary thereof, of which
seal and signature as such officer the court shall take judicial notice.
Said certificate may be in substantially the following form:
This is to certify that the attached is a correct copy of notice filed
with the industrial board b y ......... on the .. day o f ____ , 19 .. electing
not to provide and pay compensation according to the provisions of
the workmen’s compensation act of Illinois, ana that the original of
said notice is now on file in the office of the industrial board and has
not been withdrawn since the date of the filing thereof.
In witness whereof, this certificate has been subscribed and the
seat of the industrial board affixed this .. day o f -----,19 ..
......... of Industrial Board.
Sec. 4 (as amended by act, p. 505, acts of 1917). The term ''em
ployer” as used in this act shall be construed to be:
1 . The State, and each county, city, town, township, incorporated
village, school district, body politic, or municipal corporation therein.
2. Every person, firm, public or private ^corporation^ including
hospitals, public service, eleemosynary, religious, or charitable, cor
porations or associations who has any personin service or under any
contract for hire, express or implied, oral or written, and who is engaged

Employers.

436

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

law s

of t h e

u n it e d

states.

in any of the enterprises or businesses enumerated in section three
(3) of this act, or who at or prior to the time of the accident to the em
ployee for which compensation, under this act may be claimed, shall
in the manner provided in this act, have elected to become subject to
the provisions of this act, and who shall not, prior to such accident,
have effected a withdrawal of such election in the manner provided
in this act.
Employees.
S e c . 5 (as amended b y act, p. 505, acts of 1917). The term “ em
ployee” as used in this act, shall be construed to mean:
1. Every person in the service of the State, county, city, town,
township, incorporated village or school district, body politic or muni
cipal corporations therein, under appointment, or contract of hire,
express or implied, oral or written, except any official of the State, or
of any county, city, town, township, incorporated village, school
district, body politic or municipal corporation therein: Provided,
That any such employee, his personal representative, ^beneficiaries
or heirs, who is, are or shall be entitled to receive a pension or benefit
for or on account of disability or death arising out of or in the course
of his employment from a pension or benefit fund to which the State
or any county, town, township, incorporated village, school district,
body politic or municipal corporation therein is a contributor, in whole
or in part, shall be entitled to receive only such part of pension or
benefit as is in excess of the amount of compensation recovered and
received by such employee, his personal representative, beneficiaries
or heirs under this act: And provided further, That one employed by
a contractor who has contracted with the State, or a county, city,
town, township, incorporated village, school district, body politic or
municipal corporation therein through its representatives, shall not
be considered as an employee of the State, county, city, town, town
ship, incorporated village, school district, body politic or municipal
corporation which made the contract.
2 . Every person in the service of another under any contract of
hire, express or implied, oral or written, including aliens, and minors
who are legally permitted to work under the laws of the State, who,
for the purpose of this act, shall be considered the same and have the
same power to contract, receive payments and give quittances therefor,
as adult employees, but not including any person who is not engaged
in the usual course of the trade, business, profession, or occupation of
his employer: Provided, That employees shall not be included within
the provisions of this act when excluded by the laws of the United
States relating to liability of employers to their employees for personal
injuries where such laws are held to be exclusive.
Suits abolished.
g EC. 6 . No common law or statutory right to recover damages for
injury or death sustained by any employee while engaged in the line
of his duty as such employee other than the compensation herein
provided shall be available to any employee who is covered by the
rovisions of this act, to any one wholly or partially dependent upon
im, the legal representatives of his estate, or any one otherwise entitled
to recover damages for such injury.
CSmphensation ^EC* ^ (as amended by act, p. 538, acts of 1919). The amount of
ror death.
compensation which shall be paid for an injury to the employee result
ing in death shall b e :
(a) If the employee leaves any widow, child or children whom he
was under legal obligations to support at the time of his injury, a sum
equal to four times the average annual earnings of the employee, but
not less in any event than one thousand six hundred and fifty dollars
and not more in any event than three thousand five hundred dollars.
Any compensation payments other than necessary medical, surgical
or hospital fees or services sh&ll be deducted in ascertaining the amount
payable on death.
(b) If no amount is payable under paragraph (a) of this section and
the employee leaves any parent, husband, child or children who at the
time of injury were totally dependent upon the earnings of the em
ployee, then a sum equal to four times the average annual earnings of
the employee, but not less in any event than one thousand six
hundred and fifty dollars, and not more in any event than three
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(c) If no amount is payable under paragraphs (a) or (b) of this section
and the employee leaves any parent, child, or children, grandparent or
grandchild, who at the time of injury were dependent upon the earnings
of the employee, then such proportion of a sum equal to four times the
average annual earnings of the employee as such dependency bears to
total dependency, but not less in any event than one thousand six
hundred fifty dollars and not more in any event than three thousand
five hundred dollars. Any compensation payments other than neces
sary medical, surgical or hospital fees or services shall be deducted in
ascertaining the amounts payable on death.
(d) If no amount is payable under paragraphs (a), ( 6), or (c) of this
this section and the employee leaves collateral heirs dependent at
the time of the injury to the employee upon his earnings, such a per
centage of the sum provided in^ paragraph (a) of this section as the
average annual contributions which the deceased made to the support
of such dependent collateral heirs during the two years preceding the
injury bears to his average annual earnings during such two years.
(e) If no#amount is payable under paragraphs (a), ( 6), (c), or (d)
of this section, a sum not to exceed one hundred and fifty dollars for
burial expenses to be paid by the employer to the undertaker or to
the person or persons incurring the expense of burial.
(/) All compensation, except for burial #expenses provided in
this section to be paid in case injury results in death, shall be paid
in installments equal to one-half the average earnings, at the same
intervals at which the wages or earnings of the employee were paid;
or if this shall not be feasible, then the installments shall be paid
weekly: Provided, Such compensation may be paid in a lump sum
upon petition as provided in section 9 of this act.
(g)
The compensation to be paid for injury which results in death,
as provided in this section, shall be paid to thepersons who form the
basis for determining the amount of compensation to be paid* by the
employer, the respective shares to be in the proportion of their respec
tive dependency at the time of the injury on the earnings of the de
ceased: Provided, That the industrial commission or an arbitrator
thereof may, in its or his discretion, order or award the payment to the
parent or grandparent of a child for the latter’s support the amount of
compensation which but for such order or award would have been
paid to such child as its share of the compensation payable, which
order or award may be modified from time to time by the commission
in its discretion with respect to the persons to whom shall be paid the
amount of said order or award remaining unpaid at the time of said
modification.
The payments of compensation by the employer in accordance with
the order or award of the industrial commission shall discharge such
employer from all further obligation as to such compensation.
In a case where any of the persons who would be entitled to com
pensation is living at any place outside of the United States, then
payment shall be made to the personal representative of the deceased
employee. The distribution by such personal representative to the
persons entitled shall be made to such persons and in such manner as
the commission shall order.
(,h) 1. Whenever in paragraph (a) of this section a minimum of one Increase for chilthousand six hundred fifty dollars is provided, such minimum shall be
n*
increased in the following cases to the following amounts:
One thousand seven hundred fifty dollars in case of a widow and one
child under the age of 16 years at the time of the death of the employee.
One thousand eight hundred fifty dollars in case of a widow and
two or more children under the age of 16 years at the time of the
death of the employee.
2.
Wherever in paragraph (a) of this section a maximum of three
thousand five hundred dollars is provided, such maximum shall be
increased in the following cases to the following amounts:
Three thousand seven hundred fifty dollars in case of a widow and
one child under the age of 16 years at the time of the death of the
employee.
Four thousand dollars in case of a widow and two or more children
under the age of 16 years at the time of the death of the employee.

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g EC. 8 (as amended by act, p; 538, acts of 1919). The amount of
compensation which shall be paid to the employee for an injury not
resulting in death shall be:
Medical, etc.,
(«) The employer shall provide the necessary first aid medical and
surgical sendees; all necessary hospital services during the period for
which compensation may be payable; also all necessary medical and
surgical services for a period not longer than eight weeks, not to exceed,
however, an amount of two hundred dollars, and in addition such
medical or surgical services in excess of such limits as may be necessary
during the time such hospital services are furnished. All of the
foregoing services shall be limited to those which are reasonably
required to cure and relieve from the effects of the injury. The
employee may elect to secure his own physician,, surgeon or hospital
services at his own expense.
Temporary dis(ft) jf the period of temporary total incapacity for work lasts for
a 11 y*
more than six working days, compensation equal to fifty per centum
of the earnings, but not less than $7 nor more than $12 per week,
beginning on the eighth day of such temporary total incapacity,
and continuing as long as the temporary total incapacity lasts, but
not after the amount of compensation paid equals the amount which
would have been payable as a death benefit under paragraph (a),
section 7, if the employee had died as a result of the injury at the
time thereof, leaving heirs surviving as provided in said paragraph (a),
section 7: Provided, That in the case where temporary total incapacity
for work continues for a period of four weeks from the day of the injury,
then compensation shall commence on the day after the injury.
Disfigurement.
(c) For any serious and permanent disfigurement to the hand,
head or face, the employee shall be entitled to compensation for such
disfigurement, the amount fixed by agreement or by arbitration in
accordance with the provisions of this act, which amount shall not ex
ceed one-quarter of the amount of the compensation which would have
been payable as a death benefit under paragraph (a), section 7, if the
employee had died as a result of the injury at the time thereof, leaving
heirs surviving, as provided in said paragraph (a), section 7: Provided,
That no compensation shall be payable under this paragraph where
compensation is payable Under paragraphs (d), (e), or (/) of this section:
And provided further, That when the disfigurement is to the hand,
head, or face as a result of any injury, for which injury compensation
is not payable under paragraph (d), (e), or (/) of this section, com
pensation for such disfigurement may be had under this paragraph.
Partial disabil(d) If, after the injury has been sustained, the employee as a result
tty*
thereof becomes partially incapacitated from pursuing his usual and
customary line of employment, he shall, except in the cases covered
by the specific schedule set forth in paragraph (e) of this section,
receive compensation, subject to the limitation as to time and maxi
mum amounts fixed in paragraphs (b) and (h) of this section, equal
to fifty per centum of the difference between the average amount
which he earned before the accident, and the average amount wiiich
he is earning or is able to earn in some suitable employment or business
after the accident.
Schedule.
(e) For injuries in the following schedule, the employ'ee shall receive
in addition to compensation during the period of temporary total
incapacity for work resulting from such injury, in accordance with the
provisions of paragraphs (a) and (b) of this section, compensation,
for a further period, subject to the limitations as to time and amounts
fixed in paragraphs ( 6) and (h) of this section, tor the specific losa
herein mentioned, as follows, but shall not receive any compensation for
such injuries under any other provisions of this act:
1 . For the loss of a thumb, or the permanent and complete loss of
its use, fifty per centum of the average weekly wage during sixty weeks.
2. For the loss of a first finger, commonly called the index finger,
or the permanent and complete loss of its use, fifty per centum of the
average weekly wage during thirty-five weeks.
3. For the loss of a second finger, or the permanent and complete
loss of its use, fifty per centum of the average weekly wage during
thirty weeks.
Disability.

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4. For the loss of a third finger, or the permanent and complete
loss of its use, fifty per centum of the average weekly wage during
twenty weeks.
5. For the loss of a fourth finger, commonly called the little finger,
or the permanent and complete loss of its use, fifty per centum of the
average weekly wage during fifteen weeks.
6 . The loss of the first phalange of the thumb, or of any finger shall
be considered to be equal to the loss of one-half of such thumb or finger
and compensation shall be one-half the amounts above specified.
7. The loss of more than one phalange shall be considered as the
loss of the entire finger or thumb: Provided, however, That in no case
shall the amount received for more than one finger exceed the amount
provided in this schedule for the loss of a hand.
8 . For the loss of a great toe, fifty per centum of the average weekly
wage during thirty weeks.
9. For the loss of one toe other than the great toe, fifty per centum
of the average weekly wage during ten weeks, and for the additional
loss of one or more toes other than the great toe, fifty per centum of the
average weekly wage during an additional ten weeks.
10 . The loss of the first phalange of any toe shall be considered
to be the equal to the loss of one-half of such toe, and compensation
shall be one-half of the amount above specified.
11. The loss of more than one phalange shall be considered as the
loss of the entire toe.
12. For the loss of a hand, or the permanent and complete loss of
its use, fifty per centum of the average weekly wage during one hundred
and fifty weeks.
13. For the loss of an arm or the permanent and complete loss of
its use, fifty per centum of the average weekly wage during two hundred
weeks.
14. For the loss of a foot, or the permanent and complete loss of its
use, fifty per centum of the average weekly wage during one hundred
and twenty-five weeks.
15. For the loss of a leg, or the permanent and complete loss of its
use, fifty per centum of the average weekly wage during one hundred
and seventy-five weeks.
16. For the loss of the sight of an eye or for the permanent and com
plete loss of its use, fifty per centum of the average weekly wage during
one hundred weeks.
17. For the permanent partial loss of use of a member or sight of an
eye, fifty per centum of the average weekly wage during that portion
of the number of weeks in the foregoing schedule provided for the loss
of such member or sight of an eye which the partial loss of use thereof
bears to the total loss of use of such member or sight of eye.
18. The loss of both hands, or both arms, or both feet, or both legs,
or both eyes, or of any two thereof, or the permanent and complete loss
of use thereof, shall constitute total and permanent disability, to be
compensated according to the compensation fixed by paragraph if ) of
this section: Provided, That these specific cases of total and perma
nent disability shall not be construed as excluding other cases.
(/) In case of complete disability, which renders the employee Permanent
wholly and permanently incapable of work, compensation equal to total disability,
fifty per centum of his earnings, but not less than $7 nor more than
$12 per week, commencing on the day after the injury, and continu
ing until the amount paid equals the amount whicn would have been
payable as a death benefit under paragraph (a), section 7, if the em
ployee had died as a result of the injury at the time thereof, leaving
heirs surviving as provided in said paragraph (a), section 7, and there
after a pension during life annually equal to 8 per cent of the amount
which would have been payable as a death benefit under paragraph
(a), section 7, if the employee had died as a result of the injury at the
time thereof, leaving heirs surviving, as provided in said paragraph
(a), section 7. Such pension shall not be less than $10 per month and
shall be payable monthly.
(g)
In case death occurs as a result of the injury before the total of Death during
the payments made equals the amount payable as a death benefit, periodCnS3
then in case the employee leaves any widow, child, or children, par-

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ents, grandparents, or other lineal heirs, entitled to compensation
under section 7, the difference between the compensation for death
and the sum of the payments made to the employee shall be paid, at
the option of the employer, either to the personal representative or
to the beneficiaries of the deceased employee, and distributed, as pro
vided in paragraph ( /) of section 7, but in no case shall the amount
payable under this paragraph be less than $500.
Maximum ben- (h) In no event shall the compensation to be paid exceed fifty per
eflts*
centum of the average weekly wage or exceed $12 per week in amount;
nor, except in case of complete disability, as defined above, shall any
payments extend over a period of more than eight years from the date
of the accident. In case an injured employee shall be incompetent at
the time when any right or privilege accrues to him under the provi
sions of this act a conservator or guardian may be appointed, pursu
ant to law, and may, on behalf of such incompetent, claim and exer
cise any such right or privilege with the same force and effect as if the
employee himself had been competent and had claimed or exercised
said right or privilege; and no limitations of time by this act provided
shall run so long as said incompetent employee is without a conservator
or a guardian.
Payments.
(i) All compensation provided for in paragraphs (b), (c), (d), (e), and
(/) of this section, other than cases of pension for life, shall be paid in
installments at the same intervals at which the wages or earnings of
the employee were paid at the time of the injury, or if this shall not be
feasible, then the installments shall be paid weekly.
Amounts
for
(j) 1 . Wherever in this section there is a provision for fifty per centum,
children.
such per centum shall be increased five per centum for each child of the
employee under 16 years of age at the time of the injury to the em
ployee until such per centum shall reach a maximum of sixty-five per
centum.
2. Wherever in this section a weekly minimum of $7 is provided;
such minimum shall be increased in the following cases to the follow
ing amounts:
$8 in case of any employee having one child under the age of 16 years
at the time of the injury to the employee.
$9 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 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 employee.
3. Wherever in this section a weekly maximum of $12 is provided,
such maximum shall be increased in the following cases to the follow
ing amounts:
$13 in case of an employee with one child under the age of 16 years
at the time of the injury to the employee.
$14 in case of an employee with two children under the age of 16
years at the time of the injury to the employee.
$15 in case of an employee with three or more children under the
age of 16 years at the time of injury to the employee.
4. The increases in the above per centum and the minimum and
maximum amounts shall be paid only so long as the child upon which
the increase is based remains under the age of 16 years.
Lumpsums.
S e c . 9 (as amended by act, p. 400, acts of 1915).— Any employer or
employee or beneficiary who shall desire to have such compensation,
or any unpaid part thereof, paid in a lump sum, may petition the
industrial board, asking that such compensation be so paid, and if,
upon proper notice to the interested parties and a proper showing
made before such board, it appears to the interest of the parties that
such compensation be so paid, the board may order the commutation
of the compensation to an equivalent lump sum, which commutation
shall be an amount which will equal the total sum of the probable
future payments capitalized at their present value upon the basis of
interest calculated at three per centum per annum with annual rests:
Provided, That in cases indicating complete disability no petition for a
commutation to a lump sum basis shall be entertained by the indus
trial board until after the expiration of six months from the date of the
injury, and where necessary, upon proper application being made, a
guardian, conservator or administrator, as the case may be, may be ap-

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pointed for any person under disability who may be entitled to any
such compensation, and an employer bound by the terms of this act,
and liable to pay such compensation, may petition for the appointment
Of the public administrator, or a conservator, or guardian, where no
legal representative has been appointed or is acting for such party or
parties so under disability. Either party may reject an award of a
lump sum payment of compensation, except an award for compensa
tion under section 7 or paragraph (e) of section 8 or for the injuries de
fined in the last paragraph of paragraph (e) of section 8 as constituting
total and permanent disability, by filing his written rejection thereof
with the said board within ten days after notice to him of the award, in
which event compensation shall be payable in installments as herein
provided.
S e c . 10 . The basis for computing the compensation provided for in
Computing
sections 7 and 8 of the act shall be as follows:
compensation.
(а) The compensation shall be computed on the basis of the annual
earnings which the injured person received as salary, wages or earnings
if in the employment of the same employer continuously during the
year next preceding the injury.
( б) Employment by the same employer shall be taken to mean em
ployment by the same employer in the grade in which the employee
was employed at the time of the accident, uninterrupted by absence
from work due to illness or any other unavoidable cause.
(c) If the injured person has not been engaged in the employment
of the same employer for the full year immediately preceding the acci
dent, the compensation shall be computed according to the annual
earnings which persons of the same class in the same employment and
same location (or if that be impracticable, of neighboring employ
ments of the same kind) have earned during such period.
(d) As to employees in employments in which it is the custom to
operate throughout the working days of the year, the annual earnings,
if not otherwise determinable, shall be regarded as 300 times the average
daily earnings in such computation.
(e) As to employees in employments in which it is the custom to op
erate for a part of the whole number of working days in each year, such
number, if the annual earnings are not otherwise determinable, shall be
used instead of 300 as a basis for computing the annual earnings: Pro
vided, The minimum number of days which shall be so used for the
basis of the year’s work shall not be less than 200.
(/) In the case of injured employees who earn either no wage or less
than the earnings of adult day laborers in the same line of employment
in that locality, the yearly wage shall be reckoned according to the
average annual earning of adults of the same class in the same (or if that
is impracticable then of neighboring) employments.
(g) Earnings, for the purpose of this section, shall be based on the
earnings for the number of hours commonly regarded as a day’s work
for that employment, and shall exclude overtime earnings. The earn
ings shall not include any sum which the employer has been accus
tomed to pay the employee to cover any special expense entailed on
him by the nature of his employment.
(h) In computing the compensation to be paid to any employee, who,
before the accident for which he claims compensation, was disabled
and drawing compensation under the terms of this act, the compensa
tion for each subsequent injury shall be apportioned according to the
proportion of incapacity and disability caused by the respective in
juries which he may have suffered.
(i) To determine the amount of compensation for each installment
period, the amount per annum shall be ascertained pursuant hereto,
and such amount divided by the number of installment periods per
annum.
Sec. 11 (as amended by act, p. 505, acts of 1917). The compensation
of li8r
herein provided, together with the provisions of this act shall be the
y'
measure of the responsibility of any employer engaged in any of the
enterprises or businesses enumerated in section three (3) of this act, or of
any employer who is not engaged in any such enterprises or businesses,
but who has elected to provide and pay compensation for accidental
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442

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the employment according to the provision of this act, and whose
election to continue under this act, has not been nullified by any action
of his employees as provided for in this act.
Medical examiS e c . 12 (as amended by act, p. 400, acts of 1915). An employee ennations.
titled to receive disability payments shall be required, if requested by
the employer, to submit himself, at the expense of the employer, for
examination to a duly qualified medical practitioner or surgeon se
lected by the employer, at a time and place reasonably convenient for
the employee, as soon as practicable after the injury, and also one
week after the first examination and thereafter at intervals not oftener
than once every four weeks, which examination shall be for the pur
pose of determining the nature, extent, and probable duration of the
injury received by the employee, and for the purpose of ascertaining
the amount of compensation which may be due the employee from
time to time for disability according to the provisions of this act: Pro
vided, however, That such examination shall be made in the presence of
a duly qualified medical practitioner or surgeon provided and paid for
by the employee, if such employee so desires. In all cases where the
examination is made by a surgeon engaged by the employer, and the
injured employee has no surgeon present at such examination, it shall
be the duty of the surgeon making the examination at the instance of
the employer to deliver to the injured employee, upon his request or
that of his representative, a statement in writing of the condition and
extent of the injury to the same extent that said surgeon reports to the
employer. If the employee refuses so to submit himself to examination
or unnecessarily obstructs the same, his right to compensation pay
ments shall be temporarily suspended until such examination shall
have taken place, and no compensation shall be payable under this
act for such period. It shall be the duty of surgeons treating an in
jured employee who is likely to die and treating him at the instance of
the employer to have called in another surgeon, to be designated and
paid for by either the injured employee or by the person or persons
who would become his beneficiary or beneficiaries, to make an exam
ination before the death of such injured employee.
I n d u s t r i a l S e c . 13 (as amended by act, p. 505, acts of 1917). (a) There is hereby
board.
created a board which shall be known as the industrial board to consist
of five members to be appointed by the governor, by and with the con
sent of the senate, two of whom .shall be representative citizens of the
employing class operating under this act, and two of whom shall be
representative citizens of the class of employees operating under this act
and one of whom shall be a representative citizen not identified with
either the employing or employee classes and who shall be designated
by the governor as chairman. Appointment of members to places on
the first board or to fill vacancies on said board may be made during
recesses of the senate, but shall be subject to confirmation by the sen
ate at the next ensuing session of the legislature.
Change of des(b) When there shall become effective the act known as “ The Civil
ignation.
Administrative Code of Illinois,” being an act entitled “ An act in re
lation to the civil administration of the State government,” there shall
thereupon be vested in the industrial commission and the industrial
officers thereof by said act created, all of the powers and duties vested
in the industrial board by the workmen’s compensation act, and there
upon wherever in the workmen’s compensation act reference shall be
made to the industrial board, the board or to any member thereof^it
shall be construed as referring and shall apply to the said industrial
commission, the said commission and any industrial officer thereof,
respectively.
Salaries, etc.
S e c . 14 (as amended by act, p. 538, acts of 1919). The salary of each
of the members of the commission appointed by the governor shall be
five thousand dollars ($5,000) per year. The commission shall appoint
a secretary and shall employ sucli assistants and clerical help as may
be necessary.
The salary of the arbitrators designated by the commission shall be at
the rate of three thousand dollars ($3,000) per year.
The members of the commission and the arbitrators shall have reim
bursed to them their actual traveling expenses and disbursements
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away from their places of residence in the performance of their duties.
The commission shall provide itself with a seal for the authentication of
its orders, awards, and proceedings, upon whieh shall be inscribed
the name of the commission and the words ‘ ‘ Illinois—Seal.”
S e c. 15. The industrial commission shall have jurisdiction over the Jurisdiction,
operation and administration of this act, and said board shall perform
all the duties imposed upon it by this act, and such further duties as
may hereafter be imposed by law and the rules of the board not in
consistent therewith.
S e c . 16 (as amended by act, p . 490, acts of 1917). The board m ay Powers,
make rules and orders for carrying out the duties imposed upon it by
law, which rules and orders shall be deemed prima facie reasonable ancl
valid; and the process and procedure before the board shall be as sim
ple and summary as reasonably may be. The board upon application of
either party may issue dedimus potestatem directed to a commissioner,
notary public, justice of the peace, or any other officer authorized by
law to administer oaths, to take the depositions of such witness or
witnesses as may be necessary in the judgment of such applicant. Such
dedimus potestatem may issue to any of the officers aforesaid in any
State or Territory of the United States or in any foreign country. The
board shall have the power to adopt necessary rules to govern the issue
of such dedimus potestatem. The board, or any member thereof, or
any arbitrator designated by said board shall have the power to ad
minister oaths, subpoena and examine witnesses, to issue subpoenas
duces tecum, requiring the production of such books, papers, records,
and documents as may be evidence of any matter under inquiry, and
to examine and inspect the same and such places or premises as may
relate to the question in dispute. Said board, or any member thereof,
or any arbitrator designated by said board, shall, on written request
of either party to the dispute, issue subpoenas for the attendance of
such witnesses and production of such books, papers, records, and
documents as shall be designated in said applications: Pro /idivg,
howeve?', That the parties applying for such subpoena shall advance the
officer and witness fees provided for in suits pending in the circuit court.
Service of such subpoenas shall be made by any sheriff or constable
or other person. In case any person refuses to comply with anorder
of the board or subpoena issued by it or any member thereof, orany
arbitrator designated by said board or to perm
itaninspectionof places
or premises, or to produce any books, papers, records, or docum
ents,
or any witness refuses to testify to any matters regarding w
hich he
may be lawfully interrogated, the county court of thecountyin w
hich
said hearing or matter is pending, on application of anym
emberof the
board or any arbitrator designated by the board, shall com
pelobedience
by attachment proceedings, as for contempt, as in a caseof disobedience
of the requirements of a subpoena from such court on a refusal to testify
therein.
The board at its expense shall provide a stenographer to takv th
e Records,
testimony and record of proceedings at the hearings before an arbi
trator, committee of arbitration, or the board, and said stenographer
shall furnish a transcript of such testimony or proceedings to any
person requesting it upon payment to him therefor of five centsper one
hundred words for the original and three cents per one hundred w
ordslor
each copy of such transcript.
The board shall have the power to determine the reasonableness Fees,
and fix the amount of any fee or compensation charged by any person
for any service performed in connection with this act, or for which
payment is to be made under this act or rendered in securing any right
under this act.
S ec . 17. The board shall cause to be printed and furnish free of B la n k s and
charge upon request of any employer or employee such blank forms as iecor
it shall deem requisite to facilitate or promote the efficient administra
tion of this act, and the performance of the duties of the board; it shall
provide a proper record in which shall be entered and indexed the
name of any employer who shall file a notice of declination or withdrawal
under this act, and the date of the filing thereof; and a proper record in
which shall be entered and indexed the name of any employee who
shall file such a notice of declination or withdrawal, and the date of the

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filing thereof; and such other notices as may be required by the terms
and intendment of this act; and records in which shall be recorded all
proceedings, orders, and awards had or made by the board, or by the
arbitration committees, and such other books or records as it shall deem
necessary, all such records to be kept in the office of the board.
S ec . 18. All questions arising under this act, if not settled by agree
ment of the parties interested therein, shall, except as otherwise pro
vided, be determined by the industrial board.
S e c . 19 (as amended by act, p. 538, a c ts of 1919). Any disputed
question of law or fact shall be determined as herein provided:
(a) Iu shall be the duty of the industrial commission upon notifica
tion that the parties have failed to reach an agreement, to designate an
arbitrator: Provided, That if the compensation claimed is for a partial
permanent or total permanent incapacity or for death, then the dispute
may, at the election of either party, be determined by a committee of
arbitration, which election for determination by a committee shall be
made by petitioner filing with the commission his election in writing
with his petition or by the other party filing with the commission his
election in writing within five days of notice to him of the filing of the
petition, and thereupon it shall be the duty of the industrial commis
sion, upon either of the parties having filed their election for a commit
tee of arbitration as above provided, to notify both parties to appoint
their respective representatives on the committee of arbitration. The
commission shall designate an arbitrator to act as chairman, and if either
party fails to appoint its member on the committee within seven
days after notification as above provided, the commission shall ap
point a person to fill the vacancy and notify the parties to that
effect. The party filing his election for a committee of arbitra
tion shall with his election deposit with the commission the sum
of twenty dollars, to be paid by the commission to the arbitrators
selected by the parties as compensation for their services as arbi
trators, and upon a failure to deposit as aforesaid, the election
sjfrall be void and the determination shall be by an arbitrator desig
nated by the commission. The members of the committee of ar
bitration appointed by either of the parties or one appointed by
the commission to fill a vacancy by reason of the failure of one of the
parties to appoint, shall not be a member of the commission or an em
ployee thereof.
(b)
The arbitrator or committee of arbitration shall make sucji in
quiries and investigations as he or they shall deem necessary, and may
examine and inspect all books, papers, records, places or premises re
lating to the questions in dispute, and hear sucji proper evidence as the
parties may submit. The hearings before the arbitrator or committee
of arbitration shall be held in the vicinity where the injury occurred,
after ten days’ notice of the time and place of such hearing shall have
been given to each of the parties or their attorneys of record. The
decision of the arbitrator or committee of arbitration shall be filed with
the industrial commission, which commission shall immediately send
to each party or his attorney a copy of such decision, together with a
notification of the time when i,t was filed, and unless a petition for a
review is filed by either party within fifteen days after the receipt by
said party of the copy of said decision and notification of time when
filed, and unless such party petitioning for a review shall within twenty
days after the receipt by him of the copy of said decision, file with the
commission either an agreed statement of the facts appearing upon the
hearing before the arbitrator or committee of arbitration, or if such
party shall so elect, a correct stenographic report of the proceedings at
such hearings, then the decision shall become the decision of the in
dustrial commission and in the absence of fraud shall be conclusive:
Provided, That such industrial commission may for sufficient cause
shown grant further time, not exceeding thirty days, in which to peti
tion for such review or to file such agreed statement or stenographic
report. Such agreed statement of facts or correct stenographic report,
as the case may be, shall be authenticated by the signatures of the par
ties or their attorneys and in the event they do not agree as to the cor
rectness of the stenographic report it shall be authenticated by the sig
nature of the arbitrator designated by the commission.

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(c) The industrial commission may appoint, at its own expense, Physician,
a duly qualified, impartial physician to examine the injured employee
and report to the commission. The fee for this service shall not ex
ceed five dollars and traveling expenses, but the commission may allow
additional reasonable amounts in extraordinary cases. The fees and the
payment thereof of all attorneys and physicians for services authorized
by the commission under this act shall, upon request of either the em
ployer or the employee or the beneficiary affected, be subject to the
review and decision of the industrial commission.
(d) If any employee shall persist in insanitary or injurious practices In s a n i t a r y
which tend to either imperil or retard his recovery or shall refuse Practices*
to submit to such medical or surgical treatment as is reasonably essen
tial to promote his recovery, the commission may, in its discretion,
reduce or suspend the compensation of any such injured employee.
(e) If a petition for review and agreed statement of facts or steno- Review,
graphic report is filed, as provided herein, the industrial commission
shall promptly review the decision of the arbitrator or committee of
arbitration and all questions of law or fact which appear from the said
statement of facts or stenographic report, and such additional evidence
as the parties may submit. After such hearing upon review, the com
mission shall file in its office its decision thereon, and shall immediately
send to each party or his attorney a copy of such decision and a notifi
cation of the time when it was filed.
Such review and hearing may be held in its office or elsewhere as the
commission may deem advisable: Provided, That the taking of testi
mony on such hearing may be had before any member of the com
mission and in the event either of the parties may desire an argument
before others of the commission such argument may be had upon writ
ten demand therefor filed with the commission within five days after
the commencement of such taking of testimony, in which event such
argument shall be had before not less than a majority of the commis
sion: Provided, That the commission shall give ten days’ notice to
the parties or their attorneys of the time and place of such taking of
testimony and of such argument.
In any case the commission in its decision may in its discretion
find specially upon any question or question a of law or fact which
shall be submitted in writing by either party, whether ultimate or
otherwise. Any party may, within twenty days after receipt of notice
of the commission’s decision, or within such further time, not ex
ceeding thirty days, as the commission may grant, file with the com
mission either an agreed statement of the facts appearing upon the
hearing, or, if such party shall so elect a correct stenographic report
of the additional proceedings presented before the commission, in
which report the party may embody a correct statement of such other
proceedings in the case as such party may desire to have reviewed,
such statement of facts or stenographic report to be authenticated by
the signatures of the parties or their attorneys, and in the event that
they do not agree, then the authentication of such stenographic report
shall be by the signature of any member of the commission. The
applications for adjustment of claim and other documents in the nature
of pleadings filed by either party, together with the decisions of the
arbitrator and of the industrial commission and the statement of facts
or stenographic reports hereinbefore provided for in paragraphs (b) and
(c) shall be the record of the proceedings of said commission, and shall
be subject to review as hereinafter provided.
(/) The decision of the industrial commission, acting within its Decision conpowers, according to the provisions of paragraph (e) of this section clusiveshall, in the absence of fraud, be conclusive, unless reviewed as in
this paragraph hereinafter provided.
( 1)
The circuit court of the county where any of the parties de- R e vi e w by
fendant may be found shall by writ of certiorari to the industrial com- cou *
mission have power to review all questions of law presented by such
record, except as arise in a proceeding in which under paragraph (b)
of this section a decision of the arbitrator or committee of arbitration
has become the decision of the industrial commission. Such writ
shall be issued by the clerk of such court upon praecipe. Service
upon any member of the industrial commission or the secretary thereof

446

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shall be service on the commission and service upon other parties
interested shall be by scire facias, or service may be made upon said
commission and other parties in interest by mailing notice of the com
mencement of the proceedings and the return day of the writ to the
office of said commission and the last known place of residence of the
other parties in interest at least ten days before the return day of said
writ. Such suit by writ of certiorari shall be commenced within twenty
days of the receipt of notice of the decision of the commission.
The industrial commission shall not be required to certify the record
of their proceedings to the circuit court, unless the party commencing
the proceedings for review in the circuit court, as above provided,
shall pay to the commission the sum of five cents per one hundred
words of testimony taken before said commission and three cents
per one hundred words of all other matters contained in such record.
(2)
No such writ of certiorari shall issue unless the one against whom
the industrial commission shall have rendered an award for the pay
ment of money shall upon the filing of his praecipe for such writ filed
with the clerk of said court a bond conditioned that if he shall not
successfully prosecute said writ, he will pay the said award, and the
costs of the proceedings in said court. The amount of the bond shall
be fixed by any member of the industrial commission and the surety
or sureties on said bond shall be approved by the clerk of said court.
The court may confirm or set aside the decision of the industrial
commission. If the decision is set aside and the facts found in the
proceedings before the commission are sufficient, the court may enter
such decision as is justified by law, or may remand the cause to the
industrial commission for further proceedings, and may state the
questions requiring further hearing, and give such other instructions
as may be proper.
Judgments and orders of the circuit court under this act shall be
reviewed only by the supreme court upon a writ of error which the
supreme court in its discretion may order to issue, if applied for not
later than the second day of the first term of the supreme court fol
lowing the rendition of the circuit court judgment or order sought
to be reviewed: Provided, That if the first day of said term is less than
thirty days from the rendition of said judgment or order, then appli
cation for said writ of error may be made not later than the second
day of the second term following the rendition of said judgment or
order.
The writ of error when issued shall operate as a supersedeas,
The bond filed with the praecipe for the writ of certiorari as pro
vided in this paragraph shall operate as a stay of the judgment or order
of the circuit court until the time shall have passed within which an
application for a writ of error can be made, and until the supreme
court has acted upon the application for a writ of error if such applica
tion is made.
The decision of a majority of the members of a committe of arbitra
tion or of the industrial commission shall be considered the decision of
such committee or commission, respectively.
(g) Either party may present a certified copy of the decision of the in
dustrial commission, when no proceedings for review thereof have been
taken, or of the decision of such arbitrator or committee of arbitration
when no claim for review is made, or of the decision of the industrial com
mission after hearing upon review, providing for the payment of compen
sation according to this act, to the circuit court of the county in which
such accident occurred or either of the parties are residents, whereupon
said court shall render a judgment in accordance therewith; and in case
where the employer does not institute proceedings for review of the
decision of the industrial commission and refuses to pay compensation
according to the award upon which such judgment is entered, the court
shall, in entering judgment thereon, tax as costs against him the reason
able costs and attorney fees in the arbitration proceedings and in the
court entering the judgment, for the person in whose favor the judg
ment is entered, which judgment and costs, taxed as herein provided
shall, until and unless set aside, have the same effect as though duly
rendered in an action duly tried and determined by said court, and
shall, with like effect, be entered and docketed. The circuit court shall

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447

have power, at any time, upon application, to make any such judgment
conform to any modification required by any subsequent decision of the
supreme court upon appeal, or as the result of any subsequent proceed
ings for review, as provided in this act.
Judgment shall not be entered until fifteen days’ notice of the time
and place of the application for the entry of judgment shall be served
upon the employer by filing such notice with the industrial commission;
which commission shall, in case it has on file the address of the em
ployer or the name and address of its agent, upon whom notices may be
served, immediately send a copy of the notice to the employer or such
designated agent; and no judgment shall be entered in the event the
employer shall file with the said commission its bond, with good and
sufficient surety in double the amount of the award, conditioned upon
the payment of said award in the event the said employer shall fail to
prosecute with effect proceedings for review of the decision, or the said
decision, upon review, shall be affirmed.
(h) An agreement or award under this act, providing for compensation R e v i e w of
in installments, may at any time within eighteen months after such awardsagreement or award be reviewed by the industrial commission at the
request of either the employer or the employee, on the ground that the
disability of the employee has subsequently recurred, increased, dimin
ished or ended; and on such review, compensation payments may be
reestablished, increased, diminished or ended: Provided, That the com
mission shall give fifteen days’ notice to the parties of the hearing for
review. And provided, further, Any employee, upon any petition for
such review being filed by the employer, shall be entitled to one day’s
notice for each one hundred miles necessary to be traveled by him in
attending the hearing of the commission upon said petition and three
days in addition thereto, and such employee, shall, at the discretion of
the commission, al$o be entitled to five cents per mile, necessarily
traveled by him in attending such hearing not to exceed a distance of
300 miles, to be taxed by the commission as costs and deposited with the
petition of the employer. ^
(i) Each party, upon taking any proceedings orstcps whatsoever before
any arbitrator, committee of arbitration, industrial commission or court,
shall file with the industrial commission his address, or the name and
address of an agent upon whom all notices to be given to such party
shall be served, either personally or by registered mail addressed to such
party or agent at the last address so filed with the industrial commission.
Provided, That in the event such party has not filed his address, or the
name and address of an agent, as above provided, service of any notice
may be had by filing such notice with the industrial commission.
(j) ^Whenever in any proceeding testimony has been taken or a final
decision has been rendered, and after the taking of such testimony,
or after such decision has become final, the injured employee dies, then
in any subsequent proceeding brought by the personal representative
or beneficiaries of the deceased employee, such testimony in the former
proceeding may be introduced with the same force and effect as though
the witness having so testified were present^in person in such subse
quent proceeding and such final decision, if any shall be taken as a
final adjudication of any of the issues which are tho same in both pro
ceedings.
(h)
In any case where there has been any unreasonable or vexatious
delay of payment or intentional underpayment of compensation, or
proceedings have been instituted or carried on by the one liable to pay
the compensation, which do not present a real controversy, but are
merely frivolous or for delay, then the commission may award com
pensation additional to that otherwise payable under this act equal to
50 per centum of the amount payable at the time of such award.
Sec. 20. The industrial commission shall report in writing to the Reports,
governor on the 30th day of June, annually, the details and results of its
administration of this act, in accordance with the terms of this act,
and may prepare and issue such special bulletins and reports from time
to time as in the opinion of the commission, seems advisable.
Sec. 21 (as amended by act, p. 538, acts of 1919). No payment, Exemption,
claim, award or decision under this act shall be assignable or subject to e c,,° paymen St
any lien, attachment or garnishment, or be held liable in any way for

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any lien, debt, penalty or damages. A decision or award of the indus
trial commission against an employer for compensation under this act,
or a written agreement by an employer to pay such compensation shall,
upon the filing of a#certified copy of the decision or said agreement, as
the case may be, with the recorder of deeds of the county, constitute a
lien upon all property of the employer within said county, paramount
to all other claims or liens, except mortgages, trust deeds, or for wages
or taxes, and such liens may be enforced in the manner provided for the
foreclosure of mortgages under the laws of this State. Any right to
receive compensation hereunder shall be extinguished by the death of
the person or persons entitled thereto, subject to the provisions of this
act relative to compensation for death received in the course of em
ployment: Provided, That upon the death of a beneficiary, who is
receiving compensation provided for in section 7, leaving surviving a
parent, sister or brother of the deceased employee, at the time of his
death dependent upon him for support, who were receiving from such
beneficiary a contribution to support, then that proportion of the com
pensation of the beneficiary which would have been paid but for the
death of the beneficiary, but in no event exceeding said unpaid com
pensation, which the contribution of the beneficiary to the dependent’s
support within one year prior to the death of the beneficiary bears to the
compensation of the beneficiary within that year, shall be continued
for the benefit of such dependents, notwithstanding the death of the
beneficiary.
Agreements Sec. 22. Any contract or agreement made by any employer or his
within seven agent or attorney with a,ny employee or any other beneficiary of any
ys‘
claim under the provisions of this act within seven days after the
injury shall be presumed to be fraudulent.
Waivers.
S e c . 23. No employee, personal representative, or beneficiary shall
have power to waive any of the provisions of this act in regard to the
amount of compensation which may be payable to such employee’s
personal representative or beneficiary hereunder except after approval
by the industrial commission.
Notice.
S e c . 24 (as amended by act, p. 538, acts of 1919). No proceedings
for compensation under this act shall be maintained unless notice of
the accident has been given to the employer as soon as practicable,
but not later than 30 days after the accident. In cases of mental
incapacity of the employee, notice must be given within six months
after such accident. No defect or inaccuracy of such notice shall be a
bar to the maintenance of proceedings by arbitration or otherwise by
the employee unless the employer proves that he is unduly prejudiced
in such proceedings by such defect or inaccuracy. Notice of the
accident shall state the name and address of the employee injured,
the approximate date and place of the accident, if known, and in
simple language the cause thereof; which notice may be served per
sonally or by registered mail, addressed to the employer at his last
known residence or place of business: Provided, That the failure on
the part of any person entitled to such compensation to give such
notice shall not relieve the employer from his liability for such com
pensation, when the facts and circumstances of such accident are
known to such employer, his agent or vice principal in the enterprise.
No proceedings for compensation under this act shall be maintained
unless claim for compensation has been made within six months after
the accident, or in the event that payments have been made under the
provisions of this act unless written claim for compensation has been
made within six months after such payments have ceased and a
receipt therefor or a statement of the amount of compensation paid
shall have been filed with the commission: Provided, That no em
ployee who after the accident returns to the employment of the em
ployer in whose services he was injured shall be barred for failure to
make such claim if an application for adjustment of such claim is filed
with the industrial commission within eighteen months after he returns
to such employment and the said commission shall give notice to the
employer of the filing of such application in the manner provided in
this act.

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S e c . 25. Any employer against whom liability may exist for comEmployers' oppensation under this act, may, with the approval of the industrial tions.
commission, be relieved therefrom by:
(a) Depositing the commuted value of the total unpaid compensation
for which such liability exists, computed at three per centum per
annum in the same manner as provided in section 9, with the State
treasurer, or county treasurer in the county where the accident hap
pened, or with any State or national bank or trust company doing
business in this State, or in some other suitable depository approved
by the industrial commission: Provided, That any such depository to
which such compensation may be paid shall pay the same out in
installments as in this act provided, unless such sum is ordered paid
in, and is commuted to, a lump-sum payment in accordance with the
provisions of this act.
(b) By the purchase of an annuity, in an amount of compensation
due or computed, under this act within the limitation 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.
Sec. 26 (as amended by act, p. 538, acts of 1919). (a) Any employer Guaranty of
who shall come within the provisions of section 3 of this act, and any payments,
other employer who shall elect to provide and pay the compensation
provided for in this act shall:
(1) File with the commission a sworn statement showing his financial
ability to pay the compensation provided for in this act; or
(2) Furnish security, indemnity, or a bond guaranteeing the pay
ment by the employer of the compensation provided for in thio act; or
(3) Insure to a reasonable amount his liability to pay such compen
sation in some corporation or organization authorized, licensed or
permitted to do such insurance business in this State; or
(4) Make some other provisions for the securing of the payment of
compensation provided for in this act; and
(5) Upon becoming subject to this act and thereafter as often as the
commission may in writing demand, file with the commission in form
prescribed by it evidence of his compliance with the provisions of
this paragraph.
(b) The sworn statement of financial ability, or security, indemnity Approval by
or bond, or amount of insurance, or other provisions, filed, furnished, commission,
carried, or made by the employer, as the case may be, shall be subject
to the#approval of the commission, upon the approval of which the
commission shall send to the employer written notice of its approval
thereof. The filing with the commission of evidence of compliance
with paragraph (a) of this section as ^herein provided shall constitute
such compliance until 10 days after written notice to the employer of
the disapproval by the commission.
(c) Whenever the industrial commission shall find that any cor- Ouster of inporation, company, association, aggregation of individuals, or other surers^ 6t° ' in"
insurer affecting workmen’s compensation insurance in this State shall
be insolvent, financially unsound, or unable to fully meet all payments
and liabilities assumed or to be assumed for compensation insurance
in this State, or shall practice a policy of delay or unfairness toward
employees in the adjustment, settlement, or payment of benefits due
such employees, the said industrial commission may, after reasonable
notice and hearing, order and direct that such corporation, company,
association, aggregation of individuals^ or insurer# shall from and
after a date fixed in such order discontinue the writing of any such
workmen’s compensation insurance in this State. Subject to such
modification of said order as the commission may later make on
review of said order, as herein provided, it shall thereupon be unlaw
ful for any such corporation, company, association, aggregation of
individuals, or insurer to effect any workmen’s compensation insur
ance in this State. Any such order made by said industrial com
mission shall be subject to review by the courts, as in the case of
other orders of said industrial commission: Provided, That upon said
review the circuit court shall have power to review all questions of
fact as well as of law.
177982°—21— B u ll. 272-------- 29

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(</) The failure or neglect of an employer to comply with the pro
visions of paragraph (a) of this section shall be deemed a misdemeanor
punishable by a fine equal to ten cents per each employee of such
employer, at the time of such failure or neglect, but not less than one
dollar not more than fifty dollars, for each day of such refusal or
neglect until the same ceases. Each day of such refusal shall con
stitute a separate offense.
Insurance.
S e c . 27. (a) This act shall not affect or disturb the continuance of
any existing insurance, mutual aid, benefit or relief association or
department, whether maintained in whole or in part by the employer
or whether maintained by the employees, the payment of benefits
of such association or department being guaranteed by the employer
or by some person, firm, or corporation for him: Provided, The employer
contributes to such association or department an amount not less than
the full compensation herein provided, exclusive of the cost of the
maintenance of such association or department and without any
expense to the employee. This act shall not prevent the organization
and maintaining under the insurance laws of this State of any benefit
or insurance company for the purpose of insuring against the compensa
tion provided for in this act, the expense of which is maintained by
the employer. This act shall not prevent the organization or main
taining under the insurance laws of this State of any voluntary mutual
aid, benefit, or relief association among employees for the payment of
additional accident or sick benefits.
(b) No existing insurance, mutual aid, benefit or relief association
or department shall, by reason of anything herein contained, be
authorized to discontinue its operation without first discharging its
obligations to any and all persons carrying insurance in the same or
entitled to relief or benefits therein.
(c) Any contract, oral, written, or implied, of employment providing
for relief benefit, or insurance or any other device whereby the em
ployee is required to pay any premium or premiums for insurance
against the compensation provided for in this act shall be null and
void, and any employer withholding from the wages of any employee
any amount for the purpose of paying any such premium shall be
guilty of a misdemeanor and punishable by a fine of not less than ten
dollars nor more than one thousand dollars, or imprisonment in the
county jail for not more than six months, or both, in the discretion
of the court.
Insurer liable,
S e c . 28 (as amended by act, p. 538, acts of 1919). In the event the
employer does not pay the compensation for which he is liable, then
an insurance company, association, or insurer which may have insured
such employer against such liability shall become primarily liable to
pay to the employee, his personal representative or beneficiary the
compensation required by the provisions of this act to be paid by such
employer. The insurance carrier may be made a party to the pro
ceedings to which the employer is a party and an award may be
entered jointly against the employer and the insurance carrier.
k i ability of S e c . 29 (as amended by act, p. 505, acts of 1917). Where an injury
third persons.
or death for which compensation is payable by the employer under
this act, was not proximately caused by the negligence of the em
ployer or his employees, and was caused under circumstances creating
a legal liability for damages in some person other than the employer
to pay damages, such other perrson having also elected to be bound
by this act, or being bound thereby under section three (3) of this act,
then the right of the employee or personal representative to recover
against such other person shall be subrogated to his employer and such
employer may bring legal proceedings against such other person to
recover the damages sustained in an amount not exceeding the aggre
gate amount of compensation payable under this act, by reason of
the injury or death of such employee. Where the injury or death
for which compensation is payable under this act was not proximately
caused by the negligence of the employer or his employees and was
caused under circumstances creating a legal liability for damages on
the part of some person other than the employer to pay damages, such
other person having elected not to be bound by this act, then legal
proceedings may be taken against such other person to recover damages

Failure to provide guaranty,

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451

notwithstanding such employer’s payment of or liability to pay com
pensation under this act, but in such case if the action against such
other person is brought by the injured employee or his personal repre
sentative and judgment is obtained and paid, or settlement is made
with such other person, either with or without suit, then from the
amount received by such employee or personal representative there
shall be paid to the employer the amount of compensation paid or to
be paid by him to such employee or his personal representative:
Provided, That if the injured employee or his personal representative
shall agree to receive compensation from the employer or to 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 personal representative
and may maintain, or in case an action has already been instituted,
may continue an action either in the name of the employee or personal
representative or in his own name against such other person for the
recovery of damages to which but for this section the said employee
or personal representative would be entitled, but such employer shall
nevertheless pay over to the injured employee or personal representa
tive, all sums collected from such other person by judgment or other
wise in excess of the amount of such compensation paid or to be paid
under this act, and all cost, attorneys’ fees, and reasonable expenses
incurred by such employer in making such collection and enforcing
such liability.
Sec. 30. It shall be the duty of every employer within the provisions Accidents to be
of this act to send to the industrial board in writing an immediate report repor e '
of all accidental in juries arising out of or in the course of the employment
and resulting in death; it shall also be the duty of every such employer
to report between the 15th and the 25th of each month to the industrial
board all accidental injuries for which compensation has been paid
under this act, which injuries entail a loss to the employee of more than
one week’s time, and in case the injury results in permanent disability,
a further report shall be made as soon as it is determined that such per
manent disability has resulted or will result from such injury. All
reports shall state the date of the injury, including the time of day or
night, the nature of the employer’s business, the name, address, the
age, sex, conjugal condition of the injured person, the specific occupa
tion of the injured person, the direct cause of the injury, and the nature
of the accident, the character of the injury, the length of disability, and,
in case of death, the length of disability before death, the wages of the
injured person, whether compensation has been paid to the injured
person, or to his legal representatives or his heirs or next of kin, the
amount of compensation paid, the amount paid for physicians’, sur
geons’ , and hospital bills, and by whom paid, and the amount paid for
funeral or burial expenses, if known. The making of reports as pro
vided herein shall release the employer covered by the provisions of
this act from making such reports to any other officer of the State.
S e c . 31 (as amended by act, p. 538, acts of 1919). Anyone engaging
Contractors,
in any business or enterprise referred to in subsections 1 and 2 of section
3 of this act who undertakes to do any work enumerated therein, shall
be liable to pay compensation to his own immediate employees in
accordance with the provisions of this act, and in addition thereto if he
directly or indirectly engages any contractor, whether principal or sub
contractor, to do any such work, he shall be liable to pay compensation
to the employees of any such contractor or subcontractor unless such con
tractor or subcontractor shall have insured, in any company or asso
ciation authorized under the laws of this State to insure the liability
to pay compensation under this act, or guaranteed his liability to pay
such compensation.
In the event any such person shall pay compensation under this sec
tion he may recover the amount thereof from the contractor or subcon
tractor, if any, and in the event the contractor shall pay compensation
under this section he may recover the amount thereof from the sub
contractor, if any.
This section shall not apply in any case where the accident occurs
elsewhere than on, in, or about the immediate premises on which the
principal has contracted that the work shall be done.

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S e c . 32 (as amended by act, p. 505, acts of 1917). If any of the provisions of this act providing for compensation for injuries to or death of
employees shall be repealed or adjudged invalid or unconstitutional,
the period intervening between the occurrence of any injury or death
and such repeal or final adjudication of invalidity shall not be com
puted as a part of the time limited by law for the commencement of
any action relating to such injury or death, but the amount of any
compensation which may have been paid for any such injury shall be
deducted from any judgment for damages recovered on account of such
injury. Any claim, disagreement, or controversy existing or arising
under ‘ ‘ An act to promote the general welfare of the people of this State,
by providing compensation for accidental injuries or death suffered in
the course of employment, ’ ’ approved June 10, 3911, in force May 1,
1912, shall be adjusted in accordance with the provisions of said act,
notwithstanding the repeal thereof, or may by agreement of the parties
be adjusted in accordance with the method of procedure provided in
this act for the adjustment of differences, jurisdiction to adjust such
differences so submitted by the parties being hereby conferred upon
the industrial commission or committee of arbitration provided for in
this act.
SEC. 33. Any willful neglect, refusal, or failure to do the things
required to be done by any section, clause, or provision of this act, on
the part of the persons herein required to do them, or any violation of
any of the provisions or requirements hereof, or any attempt to obstruct
or interfere with any court officer, or any other person charged with the
duty of administering or enforcing the provisions of this act, shall be
deemed a misdemeanor, punishable by a fine of not less than $10 nor
more than $500 at the discretion of the court.
gEC. 331 (added by act, p. 400, acts of 1915). This act may be cited as
the Workmen’s Compensation Act.
sevs EC. 34 . The invalidity of any portion of this act shall in no way
affect the validity of any other portion thereof which can be given effect
without such invalid part.
Approved June 28, 1913.

Rightsofaction
safeguarded.

Penalties.

law s

INDIANA.
ACTS OF 1915.
Ch ap t er

106.— Compensation of workmen for injuries.
P art

S e c t io n 1. This act shall be known as “ The Indiana Workmen’s Title.
Compensation Act. ’ ’
S e c . 2 (as amended by chapter 165, acts of 1917). From and after Acceptance pre*
the taking effect of this act every employer and every employee, sumed*
except as herein stated, shall be presumed to have accepted the pro
visions of this act respectively to pay and accept compensation for
personal injury or death by accident arising out of and in the course of
the employment, and shall be bound thereby, unless he shall have
given prior to any accident resulting in injury or death notice to the
contrary in the manner herein provided. This act shall not apply to
railroad employees engaged in train service.
S e c . 3. Either an employer or an employee, who has excepted him- .Waiver by no
self, by proper notice, from the operation of this act, may at any time tice*
waive such exemption and thereby accept the provisions of this act
by giving notice as herein provided.
The notice of exemption and the notice of acceptance heretofore
referred to shall be given 30 days prior to an^ accident resulting
in injury or death: Provided, That if any such injury occurred less
than 30 days after the date of employment, notice of such exemp
tion or acceptance given at the time of employment shall be sufficient
notice thereof. The notice shall be in writing or print in a sub
stantial form prescribed by the industrial board and shall be given by
the employer by posting the same in a conspicuous place in the plant,
shop, office, room, or place where the employee is employed, or by
serving it personally upon him; and shall be given by the employee by
sending the same in registered letter addressed to the employer at his
last known residence or place of business, or by giving it personally
to the employer, or any of his agents upon whom a summons in civil
action may be served under the laws of the State.
A copy of the notice in prescribed form shall also be filed with the
industrial board.
S e c . 4. Every contract of service between any employer and emPresumptionas
ployee covered by this act, written or implied, now in operation or tocontracls«
made or implied prior to the taking effect of this act, shall, after the
act has taken effect, be presumed to continue; and every such con
tract made subsequent to the taking effect of this act shall be pre
sumed to have been made subject to the provisions of this act, unless
either party shall give notice, as provided in section 3, to the other
party to such contract that the provisions of this act other than sec
tions 10, 11, and 67 are not intended to apply.
A like presumption shall exist equally in the case of all minors
unless notice of the same character be given by or to the parent or
guardian of the minor.
S e c . 5 (as amended by chapter 57, acts of 1919). Every employer
Insurance
rewho accepts the compensation provisions of this act shall insure the <lmred«
payment of compensation to his employees and their dependents in
the manner hereinafter provided, or procure from the industrial board
a certificate authorizing him to carry such risk without insurance, and
while such insurance or such certificate remains in force he or those
conducting his business shall be liable to any employee and his
dependents for personal injury or death by accident arising out of and
in the course of employment only to the extent and in the manner
herein specified.

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S e c . 6 . The rights and remedies herein granted to an employee
subject to this act on account of personal injury or death by accident
shall exclude all other rights and remedies of such employee, his per
sonal representatives, dependents, or next of kin, at common law or
otherwise on account of such injury or death.
Violation
of
S e c . 7. Nothing in this act shall be construed to relieve any em
statute.
ployer or employee from penalty for failure or neglect to perform any
statutory duty.
Willful miscon
Sec. 8 (as amended by chapter 57, acts of 1919). No compensation
duct, etc.
shall be allowed for an injury or death due to the employee’s inten
tionally self-inflicted injury, his intoxication, his commission of a
felony or misdemeanor, his willful failure or refusal to use a safety
appliance, his willful failure or refusal to obey a reasonable written or
printed rule of the employer which has been posted in a conspicuous
place, his willful failure or refusal to perform any statutory duty or
to any other willful misconduct on his part. The burden of proof
shall be on the defendant.
Exemptions.
Sec. 9 (as amended by chapter 57, acts of 1919). This act, except
section 67, shall not apply to casual laborers, as defined in clause (b) of
section 76, nor to farm or agricultural employees, nor to domestic
servants, nor to the employers of such persons, unless such employees
and their .employers file with the industrial board their voluntary
joint election to be so bound.
Defenses abroS e c . 1 0 . Every employer who elects not to operate under this act
shall not in any suit at law by an employee to recover damages for
personal injury or death by accident be permitted to defend any such
suit at law upon any one or all of the following grounds:
(а) That the employee was negligent.
( б ) That the injury was caused by the negligence of a fellow em
ployee.
(c) That the employee had assumed the risk of the injury.
Sec. 11. Every employee who elects not to operate under this act
Employee re
jecting act.
shall, in any action to recover damages for personal injury or death
brought'against an employer accepting the compensation provisions of
this act, proceed at common law, and the employer may avail himself
of the defenses of contributory negligence, negligence of a fellow
servant and assumption of risk, as such defenses exist at common law.
Rejection
by
S e c . 12. When both the employer and employee elect not to operate
both parties.
under this act, the liability of the employer shall be the same as though
he alone had rejected the terms of this act, and in any suit brought
against him the employer shall not be permitted to avail himself of
any of the common-law defenses cited in section 1 1 .
S e c . 13 (as amended by chapter 57, acts of 1919). Whenever an in
L i a b i l i t y of
jury or death, for which compensation is payable under this act, shall
third persons.
have been sustained under circumstances creating in some other person
than the employer a legal liability to pay damages in respect thereto,
the injured employee, or his defendants, in case of death, at his or their
option, may claim compensation from the employer or proceed at law
against such other person to recover damages or may proceed against
both the employer and such other person at the same time, but he or
they shall not collect from both; and, if compensation is awarded and
accepted under this act, the employer, having paid compensation or
having become liable therefor, may collect in his own name or in the
name of the injured employee, or, in case of death, in the name of his
dependents from the other person in whom legal liability for damage
exists, the compensation paid or payable to the injured employee or
his dependents.
Principals and
S e c . 14 (as amended by chapter 57, acts of 1919). The State, any
contractors.
political division thereof, any municipal corporation, any corporation,
partnership, or person, contracting for the performance of any work
without exacting from the contractor a certificate from the industrial
board showing that such contractor has complied with section 68 of this
act, shall be liable to the same extent as the contractor for compensa
tion, physician’s fees, hospital fees, nurse’s charges, and burial ex
penses on account of the injury or death of any employee of such con
tractor, due to an accident arising out of and in the course of the per
formance of the work covered by such contract.

TEXT OF LAW S---- INDIANA.

455

Any principal contractor, intermediate contractor, or subcontractor,
who shall sublet any contract for the performance of any work, without
requiring from such, subcontractor a certificate from the industrial
board, showing that such subcontractor has complied with section 68
hereof, shall be liable to the same extent as such subcontractor for the
payment of compensation, physician’s fees, hospital fees, nurse’s
charges, and burial expenses on account of the injury or death of any
employee of such subcontractor due to an accident arising out of and
in the course of the performance of the work covered by such sub
contract.
The State, any political division thereof, any municipal corporation, Subrogation,
any corporation, partnership, person, principal contractor, interme
diate contractor, or subcontractor, paying compensation, physician’s
fees, hospital fees, nurse’s charges, or burial expenses under the fore
going provisions of this section, may recover the amount paid from
any person who, independently of such provisions, would have been
liable for the payment thereof.
Every claim, filed with the industrial board under this section, shall
be instituted against all parties liable for payment, and said board, in
its award, shall fix the order in which said parties shall be exhausted,
beginning with, the immediate employer.
Sec. 15 (as amended by chapter 57, acts of 1919). No contract or Waivers,
agreement, written or implied, no rule, regulation or other device, shall
in any manner operate to relieve any employer in whole or in part of
any obligation created by this act.
Sec. 16. All rights of compensation granted by this act shall have Preferences,
the same preference or priority for the whole thereof against.the assets
of the employer as is allowed by law for any unpaid wages for labor.
Sec. 17. No claim for compensation under this act shall be assignable. A ssig n m en ts,
and all compensation and claims therefor shall be exempt from all e
claims of creditors.
S e c . 18 (as amended by chapter 57, acts of 1919). The provisions of Public employthis act except sections 3, 4, 10, 11. and 12, shall apply to the State, mentsto all political divisions thereof, to all municipal corporations within
the State, to persons, partnerships, and corporations engaged in mining Coalmining,
coal, and to the employees thereof.
S e c . 19. This act, except section 67, shall not apply to employees
Interstate com'
engaged in interstate or foreign commerce, nor to their employers, in mercecase the laws of the United States provide for compensation or for
liability for injury or death by accident of such employees.
S e c . 20. Every employer and employee under this act, except as injuries outside
provided in section 19, shall be bound by the provisions of the act statewhether injury by accident or death resulting from such injury occurs
within the State or in some other State or in a foreign country.
S e c . 21. The provisions of this act shall not apply to injuries or
Prior injuries,
death nor to accidents which occurred prior to the taking effect of the
act.
P a r t II.
S ection 22 (as amended by chapter 57, acts of 1919). Unless the
employer or his representative shall have actual knowledge of the oc
currence of an injury or death at the time thereof or shall acquire cuich
knowledge afterward, the injured employee or his dependents, as soon
as practicable after the injury or death resulting therefrom, shall give
written notice to the employer of such injury or death.
Unless such notice is given or knowledge acquired within 30 days
from the date of the injury or death, no compensation shall be paid until
and from the date such notice is given or knowledge obtained. No
lack of knowledge b y the employer or his representatives and no want,
failure, defect or inaccuracy of the notice shall bar compensation, unless
the employer shall show that he is prejudiced by such lack of knowledge
or by such want, failure, defect or inaccuracy of the notice, and then
only to the extent of such prejudice.
S e c : 23 (as amended by chapter 57, acts of 1919). The notice provided for in the preceding section shall state the name and address of
the employees, the time, place, nature, and cause of the injury or
death, and shall be signed by the injured employee or by some one

Noticeofinjury,

Form of notice,

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in his behalf or by one or more of the dependents, in case of death, or
by some person in their behalf. Said notice may be served personally
upon the employer, or upon any foreman, superintendent or manager
of the employer to whose orders the injured or deceased employee was
required to conform or upon any agent of the employer upon whom a
summons in a civil action may be served under the laws of the State,
or may be sent to the employer by registered letter, addressed to his last
known residence or place of business.
Claim.
s EC. 24. The right to compensation under this act shall be forever
barred unless within two years after the injury, or if death results
therefrom, within two years after such death, a claim for compensation
thereunder shall be filed with the industrial board.
Medical, etc.,
S ec . 25 (as amended by chapter 57, acts of 1919). During the first 30
days after an injury the employer shall furnish or cause to be furnished
free of charge to the injured employee an attending physician for the
treatment of his injuries, and in addition thereto such surgical, hospital
and nurse’s services and supplies as the attending physician or the
industrial board may deem necessary.
Refusal by emAnd during the whole or any part of the remainder of the period of
pjoyee.
disability or impairment resulting from the injury, the employer may
continue to furnish such physician, services, and supplies. If, by
reason of the nature of the injury or the process of recovery treatment
is necessary for a longer period than thirty days, the industrial board
may require the employer to furnish such treatment for an additional
period, not exceeding thirty days. The refusal of the employee to
accept such service and supplies, when so provided by the employer,
shall bar the employee from all compensation during the period of such
refusal unless, in the opinion of the industrial board, the circumstances
justify such refusal.
Emergency If in an emergency or because of the employer’s failure to provide
service.
such attending physician or such surgical, hospital, or nurse’s services
and supplies as herein specified, or for other good reason, a physician
other than that provided by the employer treats the injured employee
within the first thirty days or necessary and proper surgical, hospital,
or nurse’s services and supplies are procured within said period, the
reasonable cost of such service and supplies shall, subject to tne approval
of the industrial board, be paid by the employer.
Charges.
S EC. 26. The pecuniary liability of the employer for medical, surgical,
and hospital service herein required shall be limited to such charges
as prevail in the same community for similar treatment of injured per
sons of a like standard of living when such treatment is paid for by the
injured person.
Medical examiS e c . 27. After an injury and during the period of resulting disability,
nation.
the employee, if so requested by his employer or ordered by the indus
trial board, shall submit himself to examination, at reasonable times
and places, by a duly qualified physician or surgeon designated and
paid by the employer or the industrial board. The employee shall
have the right to have present at any such examination any duly
qualified physician or surgeon provided and paid by him. No fact
communicated to, or otherwise learned by any physician or surgeon
who may have attended or examined the employee, or who may have
been present at any examination, shall be privileged, either in the
hearings provided for in this act, or any action at law brought to recover
damages against any employer who may have accepted the compen
sation provisions of this act. If the employee refuses to submit him
self to or in any way obstructs such examination, his right to compen
sation and his right to take or prosecute any proceeding under this act
shall be suspended until such refusal or obstruction ceases, and no com
pensation shall at any time be payable for the period of suspension
unless in the opinion of the industrial board the circumstances justify
the refusal or obstruction.
Autopsies.
The employer, or the industrial board, shall have the right in any
case of death to require an autopsy at the expense of the party requiring
same.
Waiting time.
Sec. 28 (as amended by chapter 81, acts of 1917). No compensation
shall be allowed for the first seven calendar days of disability resulting
from an injury, except the benefits provided for in section 25; but if

457

TEXT OF LAW S— IN DIANA.

disability extends beyond that period compensation shall commence
with the eighth day after the injury.
S ec . 29 (as amended by chapter 81, acts of 1917). Where the injury Total disability,
causes total disability for work, there shall be paid to the injured em
ployee during such total disability, but not including the first seven
days thereof, a weekly compensation equal to fifty-five per cent of his
average weekly wages for a period of not to exceed five hundred weeks.
Sec. 30 (as amended by chapter 81, acts of 1917). Where the injury p artial disabilcauses partial disability for work, there shall be paid to the injured ity.
employee during such disability, but not including the first seven days
thereof, a weekly compensation equal to one-half of the difference be
tween his “ average weekly wages” and the weekly wages at which he
he is actually employed after the injury, for a period not to exceed
three hundred weeks.
In case the partial disability begins after a period of total disability,
the latter period shall be deducted from the maximum period allowed
for partial disability.
Sec. 31 (as amended by chapter 57, acts of 1919). For injuries in the Schedule,
following schedule the employee shall receive in lieu of all other com
pensation, on account of said injuries, a weekly compensation of fiftyfive per cent of his average weekly wages for the periods stated for said
injuries respectively, to wit:
(a) Amputations: For the loss by separation, of the thumb sixty
weeks, of the index finger forty weeks, of the second finger thirty-five
weeks, of the third or ring finger thirty weeks, of the fourth or little
finger twenty weeks, of the hand by separation below the elbow joint
two hundred weeks, of the arm above the elbow joint two hundred and
fifty weeks, of the big toe sixty weeks, of the second toe thirty weeks,
of the third toe twenty weeks, of the fourth toe fifteen weeks, of the
fifth or little toe ten weeks, of the foot below the knee joint one
hundred and fifty weeks, and of the leg above the knee joint two hun
dred weeks. The loss of more than one phalange of a thumb or toe
shall be considered as the loss of the entire thumb or toe. The loss of
more than two phalanges of a finger shall be considered as the loss of
the entire finger. That the loss of not more than one phalange of a
thumb or toe shall be considered as the loss of one half of the thumb or
toe and compensation shall be paid for one half of the period for the
loss of the entire thumb or toe. That the loss of not more than two
phalanges of a finger shall be considered as the loss of one half the finger
and compensation shall be paid for one half of the period for the loss of
the entire finger.
(b) Loss of use: The total permanent loss of the use of an arm, hand, Loss of use.
thumb, finger, leg, foot, toe, or phalange shall be considered as the
equivalent of the loss, by separation, of the arm, hand, thumb, finger,
leg, foot, toe, or phalange, and the compensation shall be paid for the
same period as for the loss thereof by separation.
(c) Partial loss of use: For the permanent partial loss of the use of an
arm, hand, thumb, finger, leg, foot, toe, or phalange, compensation
shall be paid for the proportionate loss of the use of such arm, hand,
thumb, finger, leg, foot, toe, or phalange.
(d) For injuries resulting in total permanent disability five hundred Permanenttotal
Weeks.

disability.

(e) For the loss of both hands, or both feet, or the sight of both eyes
or any two of such losses in the same accident five hundred weeks.
(/) For the permanent loss of the sight of an eye or its reduction to
one-tenth of normal vision with glasses, one hundred and fifty weeks,
and for any other permanent reduction of the sight of an eye compen
sation shall be paid for a period proportionate to the degree of such per
manent reduction.
(g) For the permanent and complete loss of hearing, one hundred
weeks.
(h) In all other cases of permanent partial impairment, compensation
proportionate to the degree of such permanent partial impairment, in
the discretion of the industrial board, not exceeding five hundred
weeks.
(i) In all cases of permanent disfigurement, which may impair the
future usefulness or opportunities of the employee, compensation, in

other

injuries,

Disfigurement,

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the discretion of the industrial board, not exceeding two hundred
weeks.
Temporary
(j) For injuries causing temporary total disability for work there
total disability,
b e p ai<J
injured employee during such total disability, but
not including the first seven calendar days thereof, a weekly compen
sation equal to fifty-five per cent of his average weekly wages for a
period not to exceed five hundred weeks.
Temporary parFor injuries causing temporary partial disability for work, coma 111 y* pensation shall be paid to the injured employee during such disability,
but not including the first seven calendar days, a weekly compensation
equal to fifty-five per cent of the difference between his average weekly
wages and the weekly wages at which he is actually employed after the
injury, for a period not to exceed three hundred weeks. In case the
partial disability begins after the period of temporary total disability,
the latter period shall be deducted from the maximum period allowed
for partial disability.
First s e v e n ^ j\j0 compensation shall be allowed on account of injuries proays‘
ducing only temporary total disability to work or temporary partial
disability to work for the first seven calendar days of disability result
ing from such injuries except the benefits provided for in section 25;
but if disability extends beyond that period, compensation shall com
mence with the beginning of the eighth day of such disability.
Refusing emgEC 32 jf an injured employee refuses employment suitable to his
p oymen .
capacity procured for him, he shall not be entitled to any compen
sation at any time during the continuance of such refusal, unless in the
opinion of the industrial board such refusal was justifiable.
_ Subsequent in- g EC 33 jf an empi0yee has sustained a permanent injury in another
juries.
employment than that in which he received a subsequent permanent
injury by accident, such as specified in section 31, he shall be entitled
to compensation for the subsequent injury in the same amount as if the
previous injury had not occurred.
Double injuries.
g EC> 3 4
an employee received an injury for which compensation
is payable while he is still receiving or entitled to compensation for a
previous injury in the same employment, he shall not at the same time
be entitled to compensation for both injuries, unless it be for a per
manent injury, such as specified in section 31; but he shall be entitled
to compensation for that injury and from the time of that injury which
will cover the longest period and the largest amount payable under
this act.
in7uri>
e sermanent
Sec. 35. If an employee receives a permanent injury such as specified
in section 31, after having sustained another permanent injury in the
same employment, he shall be entitled to compensation for both inju
ries, but the total compensation shall be paid by extending the period
and not by increasing the amount of weekly compensation.
When the previous and subsequent permanent injuries result in total
permanent disability, compensation shall be payable for permanent
total disability, but payments made for the previous injury shall be
. deducted from the total payment of compensation due.
compensatio^pe?
^ e c . ^ 6 - When an employee receives or is entitled to compensation
riod.
under this act for an injury and dies from any other cause than the
injury for which he was entitled to compensation, payment of the
unpaid balance of compensation shall be made to his next of kin
^ v
dependent upon him for support. .
eath benefits.
gEC 37 ^ag amen(j e(i by c]1# 5 7 ? a c t s 0f 1919). When death results from
the injury within three hundred weeks, there shall be paid a weekly
compensation equal to fifty-five per cent of the deceased’s average
weekly wages during such remaining part of three hundred weeks as
compensation shall not have been paid to the deceased on account of
the injury, in equal shares to all dependents of the employee wholly
dependent upon him for support at the time of the death. If the em
ployee leaves dependents only partially dependent upon his earning
for support at the time of his injury, the weekly compensation to those
dependents shall be in the same proportion to the weekly compensation
for persons wholly dependent as the average amount contributed
weekly by the deceased to such partial dependent bears to his average
weekly wages at the time of the injury.

TEXT OF LAW S— IN D IAN A .

459

Dependents.
S e c . 38 (as amended by ch. 57, acts of 1919). The following persons
shall be conclusively presumed to be wholly dependent for support
upon a deceased employee:
(a) A wife upon a husband with whom she is living at the time of his
death, or upon whom the laws of the State impose the obligation of her
support at such time.
(b) A husband, who is both physically and financially incapable of
self-support, upon his wife with whom he is living at the time of her
death.
(c) A child under the age of eighteen years upon the parent with
whom he or she is living at the time of the death of such parent.
(<d) A child under eighteen years upon the parent with wThom he or
she may not be living at the time of the death of such parent, but upon
whom, at such time, the laws of the State impose the obligation to sup
port such child.
(e)
A child over the age of eighteen years who is either physically or
mentally incapacitated from earning his or her own support, upon a
parent with whom he or she is living at the time of the death of such
parent, or upon whom the laws of the State at such time impose the
obligation of the support of such child.
As used in this section, the term “ child ” shall include stepchildren,
legally adopted children, posthumous children, and acknowledged
illegitimate children, but shall not include married children; the term
“ parent” shall include step-parents and parents by adoption.
In all other cases questions of total dependency shall be determined
in accordance with the fact as the fact may be at the time of the death,
and the question of partial dependency shall be determined in like
manner as of date of the injury. If there is more than one person
wholly dependent, the death benefit shall be divided equally among
them; and persons partially dependent shall receive not [no] part
thereof.
If there is no one wholly dependent and more than one person par
tially dependent, the death benefit shall be divided among the partial
dependents according to the relative extent of their dependency.
The dependency of a widow, widower, or child shall terminate with
his or her marriage subsequent to the death of the employee.
The dependency of a child, except a child physically or mentally
incapacitated from earning shall terminate with the attainment of
eighteen years of age.
Bu r i a l ex*
S e c . 39 (as amended by ch. 57, acts of 1919). In all cases of the death
of an employee from an injury by an accident arising out of and in the penses.
course of his employment under such circumstances that the employee
would have been entitled to compensation if death had not resulted,
the employer shall pay the burial expenses of such employee, not ex
ceeding one hundred dollars.
S ec . 40. In computing compensation under the foregoing sections Basie wages.
the average weekly wages of an employee shall be considered not to be
more than twenty-four dollars nor less than ten dollars: And provided
further, That the total compensation payable under this act shall in no Maximum. beQefits.
case exceed five thousand dollars ($5,000).
S ec . 41. Any payments made by the employer to the injured em Advance pay
1
ployee during the period of his disability, or to his dependents, which ments.
by the terms of this act were not due and payable when made, may,
subject to the approval of the industrial board, be deducted from the
amount to be paid as compensation: Provided, That in case of disability
such deduction shall be made by shortening the period during which
compensation must be paid and not by reducing the amount of the
weekly payments, unless otherwise hereinafter specified.
Time of pay
S e c . 42 (as amended by ch. 57, acts of 1919). When so provided in the
compensation agreement or in the award of the industrial board, com ments.
pensation may be paid semimonthly' or monthly instead of weekly.
S ec . 43 (as amended by ch. 57, acts of 1919).^ After the lapse of Lump sums.
twenty-six compensation weeks and the payment in full of twenty-six
weeks’ compensation, the remainder of the compensation in unusual
cases, upon the agreement of the employer and the employee or his
dependents, and the approval of the industrial board, may be redeemed.

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in whole or in part, by the cash payment, in a lump sum, of the commutable value of the installments to be redeemed.
The board may, at any time, in the case of permanently disabling
injuries of a minor, require that he be compensated by the cash pay
ment in a lump sum of the commutable value of the unredeemed in
stallments of the compensation to which he is entitled.
In all such cases, the commutable value of the future, unpaid install
ments of compensation shall be the present value thereof, at the rate
of three per cent interest, compounded annually.
Trustees
Sec. 44. Whenever the industrial board deems it expedient, any
lump sum under the foregoing section shall be paid by the employer to
some suitable person or corporation appointed by the circuit or superior
court, as trustee, to administer the same for the benefit of the person
entitled thereto, in the manner provided by the board. The receipt
of such trustee for the amount as paid shall discharge the employer or
anyone else who is liable therefor.
Reviews.
S e c . 45 (as amended b y ch. 57, acts of 1919). The power and jurisdic
tion of the industrial board over each case^ shall be continuing, and,
from time to time, it may, upon its own motion or upon the application
of either party, on account of a change in conditions, make such modi
fication or change in the award, ending, lessening, continuing, or ex
tending the payments, previously awarded, either by agreement or
upon hearing, as it may deem just, subject to the maximum and mini
mum provided for in this act.
Upon making any such change, the board shall immediately send to
each of the parties a copy of the modified award. No such modifica
tion shall affect the previous award as to any money paid thereunder.
The board shall not make any such modification upon its own mo
tion, nor shall any application therefor be filed by either party after the
expiration of one year from the termination of the compensation period
fixed in the original award, made either by an agreement or upon hear
ing. The board may at any time correct any clerical or mistake of fact
in any finding or award.
Small awards.
Sec. 46 (as amended by ch. 57, acts of 1919). When the aggregate pay
ments of compensation awarded by agreement or upon hearing to an
employee or dependent under eighteen years of age, do not exceed one
hundred dollars, the payment thereof may be made directly to such
employee or dependent, except when the industrial board shall order
otherwise.
Payments
to
Whenever the aggregate payments of compensation, due to any
minors.
person under eighteen years of age, exceed one hundred dollars, the
payment thereof shall be made to a trustee, appointed by the circuit or
superior court, or to a duly qualified guardian, or to a parent upon the
order of the industrial board. The payment of compensation, due to
any person eighteen years of age or over, may be made directly to such
person.
Incompetents.
S e c . 47 (as amended by ch. 57, acts of 1919). If an injured employee
or a dependent is mentally incompetent or a minor at the time when
any right or privilege accrues to him under this act, his guardian or
trustee may, in his behalf, claim and exercise such right or privilege.
Limitation not
S e c . 48 (as amended by ch. 57, acts of 1919). No limitation of time
to run.
provided in this act shall run against any person who is mentally in
competent or a minor dependent, or a minor, so long as he had no
guardian or trustee.
Two or more
Sec. 49. Whenever any employee for whose injury or death comempioyers.
pensation is payable under this act shall at the time of 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 employees: Provided, how
ever, That nothing in this section shall prevent any reasonable arrange
ment between such employers for a different distribution as between
themselves of the ultimate burden of compensation.
Part

Board created.

III.

Section 50 (as amended by ch. 57, acts of 1919). There is hereby
created the industrial board of Indiana, which shall consist of five
members, two of whom shall be attorneys, and not more than three of

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461

whom shall be of the same political party, appointed by the governor,
one of whom he shall designate as chairman.
The chairman of said board shall be an attorney of recognized quali
fications.
Each member of the board shall hold his office for four years, and
until his successor is appointed and qualified, unless removed by the
governor, except that the three present members of said board shall
continue to serve for and during the terms for which they have been
appointed, unless removed as hereinafter provided, and of the two
additional members hereby provided for, one shall be appointed for
two years and one for four years. Thereafter, upon the expiration of
the term of any member, the governor shall appoint his successor for
the full term of four years.
Each member of the board shall devote his entire time to discharge
of the duties of his office and shall not hold any other position of trust
or profit or engage in any occupation or business interfering with or
inconsistent with the discharge of his duties as such member.
# Any member of said board may be removed by the governor at any
time for incompetency, neglect of duty, misconduct in office, or other
good cause, to be stated in writing in the order of removal.
In case of a vacancy in the membership of said board, the governor
shall appoint for the unexpired term.
Sec. 51 (as amended by ch. 57, acts of 1919). The annual salary of Salaries, etc.
each member of the board shall be four thousand dollars.
The board may appoint a secretary at a salary of not more than
twenty-five hundred dollars a year and may remove him. The secre
tary shall have the authority to administer oaths and issue subpoenas.
The board, subject to approval of the governor, may employ and fix
the compensations of such clerical and other assistants as it may deem
necessary. The clerical and other assistants shall be employed with
special reference to their qualifications for the discharge of the duties
assigned to them, and without regard to their political affiliations,
except that not more than sixty per cent of such employees shall be of
the same political party: Provided, That none of the present employees
shall be discharged merely to establish such political proportion.
The members of the board and its assistants shall be entitled to
receive from the State their actual and necessary expenses while trav
eling on the business of the board, but such expenses shall be sworn
to by the person who incurred the same and shall be approved by the
chairman of the board before the payment is made.
All salaries and expenses of the board shall be audited and paid out
of the State treasury in the manner prescribed for similar expenses in
other departments or branches of the State service.
Sec. 52. The rights, powers, and duties conferred by law upon the Transfer of
State bureau of inspection of the State of Indiana are hereby con- Powers*
tinued in full force and are hereby transferred to the industrial board
hereby created and shall be held and exercised by them under the
laws heretofore in force and the said State bureau of inspection is
hereby abolished. The present chief inspector of said State bureau
of inspection is hereby made a member of said industrial board until
the expiration of one year from the date of the taking effect of this
act ana until his successor is appointed and qualified. The deputy
inspectors heretofore appointed by the governor as deputy inspectors
in said State bureau of inspection, to wit: Inspector of buildings, fac
tories and workshops, inspector of boilers, and inspector of mines and
mining, together with their assistant inspectors, are hereby continued
in their respective office, at their present salaries, until the expiration
of the terms for which they are respectively appointed and until their
successors are appointed and qualified, and each of them respectively
shall have and perform all the rights, powers, and duties now held and
performed by each of them respectively, together with such other
rights, powers, and duties as may be prescribed by said industrial
board. Upon the terminations of the said terms of office for which
said deputy inspectors have been appointed, said industrial board,
with the concurrence of the governor, shall appoint their successors
to serve during the pleasure of said industrial board.

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Sec. 53. All the rights, powers, and duties of the labor commission
0£ ^ie state of Indiana, heretofore created and subsequently trans
ferred to and vested in the State bureau of inspection, are hereby
abolished.
Offices.
Sec. 54. The board shall be provided with adequate offices in the
capitol or some other suitable building in the city of Indianapolis in
which the records shall be kept and its official business be transacted
during regular business hours; it shall also be provided with necessary
office furniture, stationery, and other supplies.
The board or any member thereof may hold sessions at any place
within the State as may be deemed necessary.
Rules.
S e c . 55. The board may make rules not inconsistent with this act
for carrying out the provisions of this act. Processes and procedure
under this act shall be as summary and simple as reasonably may be.
Powers.
The board or any member thereof shall have the power for the purpose
of this act to subpoena witnesses, administer or cause to have ad
ministered oaths, and to examine or cause to have examined such
parts of the books and records of the parties to a proceeding as relate
to questions in dispute.
The county sheriff shall serve all subpoenas of the board and shall
receive the same fees as now provided by law for like service in civil
actions; each witness who appears in obedience to such subpoena of the
of the board shall receive for attendance the fees and mileage for wit
nesses in civil cases in the courts.
The circuit or superior court shall, on application of the board or any
member thereof, enforce by proper proceedings the attendance and
testimony of witnesses and the production and examination of books,
papers and records.
Forms.
S e c . 56 (as amended by chapter 57, acts of 1919). The board shall
prepare and cause to be printed, and upon request furnish free of charge
to any employer or employee, such blank forms and literature as it
shall deem requisite to facilitate or promote the efficient administra
tion of this act. The accident reports and reports of attending physi
Records.
cians shall be the private records of the board, which shall be open to
the inspection of the employer, the employee and their legal represen
tatives^ but not to the public unless, in the opinion of the board, the
public interest shall so require.
Reports.
That the board shall make to the governor annually, on or before the
first day of December, a report of its work during the preceding fiscal
year, in such form as it may determine, with the approval of the gov
ernor. In order to prevent the accumulation of unnecessary and use
less files of papers, the board, in its discretion, may destroy all papers
which have been on file for more than two years, when there is no claim
for compensation pending, or, when compensation has been awarded
either by agreement or upon hearing, and more than one year has
elapsed since the termination of the compensation period as fixed by
such board.
Agreements to Sec. 57 (as amended by chapter 81, acts of 1917). If after seven
e •
days from the date of the injury or at any time in case of death, the
employer and the injured employee or his dependents reach an agree
ment in regard to compensation under this act, a memorandum of the
agreement in the form prescribed by the industrial board shall be filed
with the board; otherwise such agreement shall be voidable by the
employee, or his dependents.
If approved by the board, thereupon the memorandum shall for all
purposes be enforcible by court decree as hereinafter specified. Such
agreement shall be approved by said board only when the terms con
form to the provisions of this act.
Reference
to S e c . 58 (as amended by chapter 57, acts of 1919). If the employer
oar '
and the injured employee or his dependents fail to reach an agreement
in regard to the compensation payable under this act, or, if they have
reached such an agreement, which has been signed by them, filed with
and approved by the industrial board, and then disagree as to the con
tinuance of payments under such agreement, because of a change in
conditions since the making of such agreement, either party may make
an application, to the industrial board, for the determination of the
matters in dispute.

Labor commission a )o isned.

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463

Upon the filing of such application, the board shall set the date of Hearing,
hearing, which shall be as early as practicable, and shall notify the
parties in the manner prescribed by the board of the time and place of
hearing. The hearing of all claims for compensation, on account of
injuries occurring within the State, shall be held in the county in which
the injury occurred, except when the parties consent to a hearing else
where.
Sec. 59 (as amended by chapter 63, acts of 1917). The board by any Awards,
or all of its members shall hear the parties at issue, their representatives
and witnesses, and shall determine the dispute in a summary manner.
The award shall be filed with the record of proceedings, and a copy
thereof shall immediately be sent to each of the parties in dispute.
S e c . 60 (as amended by chapter 63, acts of 1917).
If an application Review,
for review is made to the board within seven days from the date of an
award, made by less than all the members, the full board, if the first
hearing was not held before the full board shall review the evidence, or
if deemed advisable, hear the parties at issue, their representatives
and witnesses as soon as practicable and shall make an award and file the
same with a finding of the facts on which it is based and the rulings of
law by the full board, if any, and send a copy thereof to each of the par
ties in dispute, in like manner as specified in the foregoing section.
Sec. 61 (as amended by chap. 63, acts of 1917). An award of the Appeals,
board, by less than all of the members, as provided in section 59, if
not reviewed as provided in section 60, shall be final and conclusive.
An award by the full board shall be conclusive and binding as to all
questions of the fact, but either party to the dispute may within thirty
days from the date of such award appeal to the appellate court for
errors of law under the same terms and conditions as govern appeals in
ordinary civil actions.
The board, of its own-motion, may certify questions of law to said
appellate court for its decision and determination.
An assignment of errors that the award of the full board is contrary
to law shall be sufficient to present both the sufficiency of the facts found
to sustain the award and the sufficiency of the evidence to sustain the
finding of facts.
All such appeals and certified questions of law shall be submitted
upon the date filed in the appellate court, shall be advanced upon the
docket of said court, and shall be determined at the earliest practicable
date, without any extensions of time for filing briefs.
An award of the full board affirmed on appeal shall be increased
thereby five per cent.
S e c . 62. Any party in interest may file in the circuit or superior Enforcement,
court of the county in which the injury occurred, a certified copy of
a memorandum of agreement approved by the board or of an order or
decision of the board, or of an award of the board unappealed from, or of
an award of the board rendered upon an appeal, whereupon said court
shall render judgment in accordance therewith and notify the parties.
Such judgment shall have the same effect and all proceedings in
relation thereto shall thereafter be the same as though said judgment
had been rendered in a suit duly heard and determined by said court.
Any such judgment of said circuit or superior court unappealed from
or affirmed on appeal or modified in obedience to the mandate of the
appellate court shall be modified to conform to any decision of the
industrial board, ending, diminishing or increasing any weekly pay
ment under the provisions of section 45 of this act, upon the presentation
to it of a certified copy of such decision.
Sec. 63 (as amended by chap. 57, acts of 1919). In all proceedings Costs,
before the industrial board or in a court under this act the costs shall
be awarded and taxed as provided by law in ordinary civil action in
the circuit court.
S e c . 6 4. The board or any member thereof may, upon the application
Medical examiof either party or upon its own motion, appoint a disinterested and natl0n*
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 reason
able fee to be fixed by the board not exceeding ten dollars for each ex
amination and report, but the board may allow additional reasonable
amounts in extraordinary cases.

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The fees and expenses of such physician or surgeon shall be paid by
.the State.
Fees.
S e c . 65 (as amended by chap. 57, acts of 1919). The fees of attorneys
and physicians and charges of nurses and hospitals for services under
this act shall be subject to the approval of the industrial board. When
any claimant for compensation is represented by an attorney in the
prosecution of his claim, the industrial board shall fix and state in the
award, if compensation be awarded, the amount of the claimant’s
attorney’s fee. The fee so fixed shall be binding upon both the claim
ant and his attorney, and the employer shall pay to the attorney out of
the award, the fee so fixed and the receipt of the attorney therefor shall
fully acquit the employer for an equal portion of the award. The in
dustrial board may withhold the approval of the fees of the attending
physician in any case until he shall file report with the industrial
board on the form prescribed by such board.
Settlement of
S e c . 66 . All questions arising under this act, if not settled by agreedisputes.
ment of the parties interested therein with the approval of the board,
shall be determined by the board except as otherwise herein pro
vided for.
Reports of inS e c . 67. Every employer shall hereafter keep a record of all injuries,
juries.
fatal or otherwise, received by his employees in the course of their
employment. Within one week after the occurrence and knowledge
thereof, as provided in section 22 , of an injury to an employee causing
his absence from work for more than one day, a report thereof shall be
made in writing and mailed to the industrial board on blanks to be
procured from the board for the purpose.
Upon the termination of the disability of the injured employee, or
if the disability extends beyond a period of 60 days, then also at the
expiration of such period the employer shall make a supplementary
report to the board on blanks to be procured from the board for the
purpose.
The said same report shall contain the name, nature, and location
of the business of the employer, and name, age, sex, wages, and
occupation of the injured employee, and shall state the date and hour
of the accident causing the injury, the nature and cause of the injury,
and such other information as may be required by the board.
Any employer who refuses or neglects to make the report required by
this section shall be liable for a penalty of not more than twenty-five
dollars for each refusal or neglect, to be recoverable in any court of
competent jurisdiction in a suit by the the board.
Part

IV.

Registration of S e c t io n 68 (as amended by ch. 57, acts of 1919). Every employer of
employers.
the State, except agricultural employers and the employers of domestic

Insurance
quirea.

servants, shall register annually on or before the the first day of Septem
ber, with the industrial board, and procure the certificate of said board
showing such registration. Each such employer shall file an applica
tion with the industrial board annually on or before the first day of Sep
tember, for registration and a certificate thereof, upon a form therefor,
prescribed by the industrial board and furnished by it, in which the
employer shall state the following facts, to wit: The correct name of the
employer, and, if a partnership, both the firm name and the names of
the partners. The post-office address of the employer, and, when a
partnership, the post-office address of each partner; the nature and loca
tion of the business in which the employer is engaged; the number of
employees; the sex of employees and the number of each sex, when
both sexes are employed. Any employer failing to so file such applica
tion with the industrial board and procure a certificate of registration
shall be fined not less than ten nor more than one hundred dollars.
The industrial board shall keep registry by cards of the employers of
the State, by counties, arranged in alphabetical order as to the names
of the counties and the names of the employers.
re- Every, employer under this act shall either insure or keep insured
his liability hereunder in some corporation, association, or organization
authorized to transact the business of workmen’s compensation insur
ance in this State, or shall furnish to the industrial board satisfactory

TEXT OF LAW S---- INDIANA.

465

pfoof 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 board may in its discretion require the deposit of an Self-insurers,
acceptable security indemnity or bond to secure the payment of com
pensation liabilities as they are incurred.
S e c . 69 (as amended by ch. 57, acts of 1919). Every employer who
E v i d e n c e of
does not exempt himself from the compensation provisions of this act compliance,
and who does not procure from the industrial board a certificate of his
financial ability to pay compensation direct, without insurance, shall
within ten days after this act takes effect file with the industrial board
in the form prescribed by it, and thereafter within ten days after the
termination of his insurance by expiration or cancellation, evidence of
his compliance with the insurance provisions of section 68 hereof, and
all others relating to the insurance under this act.
That any employer hereafter coming under the compensation pro
visions hereof shall in a like manner file like evidence of such com
pliance on his part.
If such employer refuses Or neglects to comply with these provisions Violations,
he shall be punished by a fine of ten cents for each employee at the time
of the insurance becoming due, but not less than ten dollars nor more
than fifty dollars for each day of such refusal or neglect and until the
same ceases, and he shall be liable during continuance of such refusal
or neglect to an employee either for compensation under this act or at
law in the same manner as provided for in section 10.
Sec. 70 (as amended by ch. 57, acts of 1919). Whenever an employer Certificates,
has complied with the provisions of section 68 relating to self-insurance,
the industrial board shall issue to such employer a certificate which
shall remain in force for a period fixed by the board, but the board may
upon at least ten days’ notice and a hearing to the employer, revoke the
certificate upon satisfactory evidence for such revocation having been
presented. At any time after such revocation the board may grant a
new certificate to the employer upon his petition and satisfactory proof
of his financial ability.
S e c . 71. For the purpose of complying with the provisions of section
Mutual,
etc.,
68 , groups of employers, to form mutual insurance associations or recipro- companies,
cal insurance associations subject to such reasonable conditions and
restrictions as may be fixed by the industrial board, are hereby author
ized. Membership in such mutual insurance associations or reciprocal
insurance associations so approved, together with evidence of the pay
ment of premiums due, shall be evidence of compliance with section 68 .
Sec. 72. Subject to the approval of the industrial board any employer Subst i t ut e
may enter into or continue any agreement with his employees to pro- schemes,
vide a system of compensation, benefit, or insurance in lieu of the
compensation and insurance provided by this act. No such substitute
system shall be approved unless it confers benefits upon injured em
ployees at least equivalent to the benefits provided by this act, nor if
it requires contributions from the employees unless it confers benefits in
addition to those provided under this act at least commensurate with
such contributions.
Such substitute system may be terminated by the industrial board
on reasonable notice and hearing to the interested parties if it shall
appear that the same is not fairly administered or if its operation shall
disclose latent defects threatening its solvency, or if for any substantial
reason it fails to accomplish the purposes of this act ; and in this case the
board shall determine upon the proper distribution of all remaining
assets, if any, subject to the right of any party in interest to take an
appeal to the appellate court.
S e c . 73 (as amended b^ ch. 57, acts of 1919). No insurer shall enter
Policies,
into or issue any policy of insurance under this act until its policy form
shall have been submitted to and approved by the industrial board.
The industrial board shall not approve the policy form of any insurance
company until such company shall file with it the certificate of the
auditor of State showing that such company is authorized to transact
the business of workmen’s compensation insurance in the State. That
the filing of a policy form by any insurance company or reciprocal
insurance association with the industrial board for approval shall con1779820—21— Bull. 272------30

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stitute on the part of such company or association a conclusive and
unqualified acceptance of each and all of the provisions of this act, and
an agreement by it to be bound thereby.
All policies of insurance companies and of reciprocal insurance
associations, insuring the payment of compensation under this act,
shall be conclusively presumed to cover all the employees and the
entire compensation liability of the insured.
Any provision in any such policy attempting to limit or modify the
liability of the company or association issuing the same shall be
wholly void.
Provisions re- Every policy of any such company or association must contain the
quired.
following provisions:
(a) The insurer hereby assures in full all the obligations to pay
physician’s fees, nurse’s charges, hospital services, hospital supplies,
burial expenses, compensation or death benefits imposed upon or
accepted by the insured under the provisions of ‘ 1The Indiana work
men’s compensation act.”
(b) That this policy is made subject to the provisions o f 66 The Indiana
workmen’s compensation act,” and the provisions of said act relative
to the liability of the insured to pay physician’s fees, nurse’s charges,
hospital services, hospital supplies, burial expenses, compensation, or
death benefits to and for said employees, the acceptance of such liability
by the insured, the adjustment, trial, and adjudication of claims for
such physician’s fees, nurse’s charges, hospital services, hospital sup
plies, burial expenses, compensation, or death benefits and the liability
of the insurer to pay the same are and shall be a part of this policy con
tract as fully and completely as if written herein.
(c) That, as between this insurer and the employee, notice to or
knowledge of the occurrence of the injury on the part of the insured
(the employer) shall be notice or knowledge thereof, as the case may be,
on the part of the insurer, that the jurisdiction of the insured (the
employer) for the purpose of “ The Indiana workmen’s compensation
act,” shall be the jurisdiction of this insurer, and this insurer shall in
all things be bound by and shall be subject to awards, judgments, and
decrees rendered against the insured (the employer) under said act.
(d) That this insurer will promptly pay to the person entitled to
the same, all benefits conferred by “ The Indiana workmen’s com
pensation act,” including physician’s fees, nurse’s charges, hospital
services, hospital supplies, burial expenses and all installments of
compensation or death benefits that may be awarded or .agreed upon
under said act; that the obligation of this insurer shall not be affected
by any default of the insured (the employer) after the injury or by
any default in the giving of any notice required by this policy, or
otherwise; that this policy is and shall be construed to be a direct
promise by this insurer to the person entitled to physician’s fees,
nurse’s charges, fees for hospital services, charges for hospital supplies,
charges for burial, compensation or death benefits, and shall be en
forceable in the name of such person.
(e) That any termination of this policy either by cancellation or
expiration shall not be effective as to employees of the insured covered
hereby until ten days after written notice of such termination has
been received by the industrial board of Indiana, at its office in
Indianapolis, Indiana.
That all claims for compensation, nurse’s charges, hospital services,
hospital supplies, physician’s fees, or burial expenses may be made
directly against either the employer or the insurer or both, and the
award of the industrial board may be made against either the em
ployer or the insurer or both.
That if any insurer shall fail or refuse to pay any final award or
judgment (except during the pendency of an appeal) rendered against
it, or its insured, or, if it shall fail or refuse to comply with any pro
vision of this act, the industrial board shall revoke the approval of its
policy form, and shall not accept any further proofs of insurance from
it until it shall have paid said award or judgment or complied with
the violated provision of the act, and shall have resubmitted its policy
Affreempnf<?tn q ai^ R e iv e d the approval thereof by the industrial board,
pay? ementst0 Sec. 74 No policy of insurance against liability arising under thia
act shall be issued unless it contains the agreement of the insurer that

TEXT OF LAW S---- IN DIANA.

it will promptly pay to the person entitled to same all benefits con
ferred 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
the giving of any notice required by such policy, or otherwise. Such
agreement shall be construed to be a direct promise by the insurer to
the person entitled to compensation enforceable in his name.
Sec. 75. Every policy for the insurance of the compensation herein
provided or against liability thereof shall be deemed to be made
subject to the provisions of this act. No corporation, association, or
organization shall enter into any such policy of insurance unless its
form shall have been approved by the industrial board.

46?

Presumptions,

Approval,

P art V .

76 (as amended by ch. 57, acts of 1919). In this act Definitions,
unless the context otherwise requires:
(a) “ Employer'’ shall include the State and any political division.,
any municipal corporation within the State, any individual, firm,
association, or corporation or the receiver or trustee of the same, or the
legal representatives of a deceased person using the services of another
for pay. If the employer is insured it shall include his insurer so far
far as applicable.
(b) “ Employee” shall include every person, including a minor,
lawfully in the service of another under any contract of hire or ap
prenticeship, written or implied, except one whose employment is
both casual and not in the usual course of the trade, business, occupa
tion, or profession of the employer. Any reference to an employee
who has been injured shall, when the employee is dead, also include
his legal representatives, dependents, and other persons to whom com
pensation may be payable.
(c) “ Average weekly wages” shall mean the earnings of the injured
employee in the employment in which he was working at the time of
the injury during the period of 52 weeks immediately preceding the
date of injury, divided by 52; but if the injured employee lost seven
or more calendar days during such period, although not in the same
week, then the earnings for the remainder of such 52 weeks shall be
divided by the number of weeks and parts thereof remaining after the
time so lost has been deducted. Where the employment prior to the
injury extended over a period of less than 52 weeks, the method of
dividing the earnings during that period by the number of weeks and
parts thereof during w^hich the employee earned wages shall be followed:
Provided, Results just and fair to both parties will thereby be obtained.
Where by reason of the shortness of the time during which the em
ployee has been in the employment of his employer or of the casual
nature or terms of the employment it is impracticable to compute the
average weekly wages as above defined, regard shall be had to the
average weekly amount which during the 52 wTeeks previous to the
injury was being earned by a person in the same grade employed at
the same work by the same employer, or if there is no person so em
ployed, by a person in the same grade employed in the same class of
employment in the same district.
Wherever allowances of any character made to an employee in lieu
of wages are specified part of the wage contract, they shall be deemed
a part of his earnings.
(d) “ Injury” and “ Personal injury” shall mean only injury by
accident arising out of and in the course of the employment and shall
not include a disease in any form except as it shall result from the
injury.
Sec. 77. If any section or provision of this act be decided by the Provisions sevcourts to be unconstitutional or invalid, the same shall not affect the erable*
validity of this act as a whole or any part thereof other than the part
so decided to be unconstitutional or invalid.
S e c . 78. [Repealed.]
Sec. 80. For the purpose of paying the salaries and expenses of the Appropriation,
members of the industrial board and its employees, the sum of $70,000
or so much thereof as may be necessary is hereby appropriated.
Sec. 81. The provisions of this act shall not affect pending litigation. Pending cases.
S e c t io n

IOWA.
ACTS OF 1913.
Ch a p t e r

147 (codified).— Compensation o f workmen for injuries.
Part

S e c t io n 2477-m (as amended by chap. 418, acts of 1917). (a) Except
as
acj. otherwise provided, it shall be conclusively presumed
that every employer as defined by this act has elected to provide,
secure, and pay compensation according to the terms, conditions, and
provisions of this act for any and all personal injuries sustained by an
employee arising out of and in the course of the employment; and in
such cases the employer shall be relieved from other liability for recov
ery of damages or other compensation for such personal injury, unless
by the terms of this act otherwise provided; but this act shall not apply
to any household or domestic servant, farm or other laborer engaged in
agricultural pursuits, nor persons whose employment is of a casual
pature. The provisions of this act shall not apply as between a municinal corporation, city, or town and any person or persons receiving any
benefits under, or who may be entitled to, benefits from any ‘ ‘ firemen’s
pension fund ” or “ policemen’s pension fund ’ ’ of any municipal corpo
ration, city or town.
Compulsory as
(5 ) Where the State, county, municipal corporation, school district,
to municipalities. c^ es under special charter and commission form of government is the
employer, the terms, conditions, and provisions of this act for the pay
ment of compensation and amount thereof for such in j ury sustained by
an employee of such employer shall be exclusive, compulsory, and
obligatory upon both employer and employee.
Defenses abro(c) An employer having the right under the provisions of this act to
gated, when.
elect to reject the terms, conditions, and provisions thereof and [who]
in such case exercises the right in the manner and form by this act
provided, such employer shall not escape liability for personal injury
sustained by an employee of such employer when the injury sustained
arises out of and in the usual course of the employment because—
( 1) The employee assumed the risks inherent in or incidental to or
arising out of his or her employment, or the risks arising from the failure
of the employer to provide and maintain a reasonably safe place to
work, or the risks arising from the failure of the employer to furnish
reasonably safe tools or appliances, or because the employer exercised
reasonable care in selecting reasonably competent employees in the
•business.
( 2 ) That the injury was caused by the negligence of the coemployee.
(3) That the employee was negligent unless and except it shall appear
that such negligence was willful and with intent to cause the inj ury;
or the result of intoxication [on] the part of the injured party.
Suits.
(4 ) [d] In actions by an employee against an employer for personal
injury sustained arising out of and in the course of the employment
where the employer has elected to rej ect the provisions of this act, it
shall be presumed that the injury to the employee was the direct result
and growing out of the negligence of the employer; and that such negli
gence was the proximate cause of the injury; and in such cases the
burden of proof shall rest upon the employer to rebut the presumption
of negligence.
Rejection of law
Every sxuch employer shall be conclusively presumed to have elected
y emp oyer.
p rovj(je ^ gecure, and pay compensation to employees for inj uries
sustained arising out of and in the course of the employment according
to the provisions of this act, unless and until notice in writing of an
election to the contrary shall have been given to the employees by
posting the same in some conspicuous place at the place where the
468
Election

pre-

sumed.

469

TEXT OP LAW S-----IOW A.

business is carried on, and also by filing notice with the Iowa industrial
commissioner with return thereon by affidavit showing the date that
notice was posted as by this act provided: Provided, however, That any
employer beginning business after the taking effect of this act and
giving notice at once of his desire not to come under the provisions of
this act, shall not be considered asunder the act: Provided, however,
That such employer shall not be relieved of the payment of compensa
tion as by this act provided until thirty days after the filing of such
notice with the Iowa industrial commissioner, which notice shall be
substantially in the following form:
em ployers’

n o t ic e

reject.

To the employees of the undersigned, and the Iowa industrial commissioner:
You and each of you are hereby notified that the undersigned rejects
the terms, conditions, and provisions to provide, secure, and pay com
pensation to employees of the undersigned for injuries received as pro
vided in the acts of the --------- (thirty-fifth) general assembly known as
chapter — (one hundred forty-seven), and elects to pay damages for
personal injuries received by such employee under the common law
and statutes of this State modified by subdivisions one, two, three, and
four of section one, chapter — (one hundred forty-seven) of the acts of
the — (thirty-fifth) general assembly and acts amendatory thereto.
Signed------------------State of Iow a,------County, ss:
The undersigned being first duly sworn deposes and says that a true,
correct, and verbatim copy of the foregoing notice was on the — day
o f ---------, 19—, posted a t ------. (State fully place where posted.)
Subscribed and sworn to before me b y ------------------- , this — day
o f ------j 19— .

Form.

Notary Public.

The employer shall keep such notice posted in some conspicuous
place, which shall apply to the employees subsequently employed by
the employer with the same force and effect and to the same extent and
in like manner as employees in the employ at the time the notice was
given.
Where the employer and employee have not given notice of an elec
tion to reject the terms of this act, every contract of hire, express or
implied, shall be construed as an implied agreement between them
ana a part of the contract on the part of the employer to provide, secure,
and pay, and on the part of the employee to accept compensation in the
manner as by this act provided for all personal injuries sustained arising
out of and in the course of the employment.
. . . ,
S e c . 2477-ml.
No compensation under this act shall be a llo w e d ^ W illfu l injuries,
for an injury caused:
(a) By the employee’s willful intention to injure himself or to will
fully injure another; nor shall compensation be paid to an injured em
ployee iyf injury is sustained where intoxication of the employee was
the proximate cause of the injury.
Remedies
ex
S e c . 2477-m2. (a) The rights and remedies provided in this act for clusive.
an employee on account o f injury shall be exclusive of all other rights
and remedies of such employee, his personal or lega,l representatives,
dependents, or next of kin, at common law or otherwise, on account of
such injury; and all employees affected by this act shall be conclusively
presumed to have elected to take compensation in accordance with the
terms, conditions, and provisions of this act until notice in writing shall
have been served upon his employer, and also on the Iowa industrial
commissioner, with return thereon by affidavit showing the date upon
which notice was served upon the employer.
(b) In the event such employee elects to reject the terms, conditions, Rejection by
and provisions of this act, the rights and remedies thereof shall not employee.
apply where an employee brings an action or takes proceedings to re
cover damages or compensation for injuries received growing out of and
in the course of his employment, except as otherwise provided by this

470

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

law s

the

states.

u n it e d

act; and in such actions where the employee has rejected the terms of
this act the employer shall have the right to plead and rely upon any
and all defenses, including those at common law, and the rules and
defenses of contributory negligence, assumption of risk and fellowservant shall apply and be available to the employer as by statute
authorized unless otherwise provided in this act: Provided, however,
That if an employee sustains an injury as the result of the employer’s
failure to furnish or failure to exercise reasonable care to keep or main
tain any safety device required by statute or rule, or violation of any
of the statutory provisions or rules and regulations now or hereafter
in force relating to safety of employees, the doctrine of assumed risk
in such case growing out of the negligence of the employer shall not
apply or be available as defensive matter to such offending party.
The notice required to be given by an employee shall be substantially
in the following form :
Form.

em ployees’

n o t ic e

reject.

T o -------------------and the Iowa industrial commissioner:
(Nam e of employer.)

You and each of you are hereby notified that the undersigned hereby
elects to reject the terms, conditions, and provisions of an act for the
payment of compensation as provided by (chapter one hundred fortyseven of) the acts of th e ---------(thirty-fifth) general assembly and acts
amendatory thereto, and elects to rely upon the common law as modi
fied by section three of (chapter one hundred forty-seven of) the acts
of th e ---------(thirty-fifth) general assembly, for the right to recover for
personal injury which I may receive, if any, growing out of and arising
from the employment while in line of duty for my employer above
named.
Dated this — day o f ------, 19—
Signed------------------State of Iow a,------County, ss:
The undersigned, being first duly sworn, deposes and says that the
written notice was on the — day o f ------, 19—, served on the within
named employer of the undersigned by delivering t o ------- - a true,
correct, and verbatim copy thereof.
(Nam e of served.)

Subscribed and sworn (or affirmed) to before me by the said------------- this — day o f -------, 19—
Notary Public.
Information re-

quired.

any case where an employee or one who is an applicant for employment elects to reject the terms, conditions, and provisions of this
act, he shall, in addition to the notice required by subdivision (b) of
section three of this act, state in an affidavit to be filed with said notice
who, if any person, requested, suggested, or demands of such person
to exercise the right to reject the provisions of this act. And if request,
suggestion, or demand has been made of such employee by any person,
such employee shall give and state the name of the person who made
the request, suggestion, or demand, and all of the circumstances relat
ing thereto, the date and place when and where made, and persons
present, and if it be found that the employer of such employee, or an
employer to whom an applicant for employment, or any person a mem
ber of the firm, association, corporation, or agent or official of such
employer, made a request, suggestion, or demand of such employee or
applicant for employment to reject the terms, conditions, and provi
sions of this act, such request, suggestion, or demand if made under
such conditions shall be conclusively presumed to have been sufficient
to have unduly influenced such employee or an applicant for employ
ment to exercise the right to reject the terms of this act, and the rejec
tion made under such circumstances shall be conclusively presumed to
have been procured through fraud and thereby fraudulently procured,
and such rejection shall be null and void and of no effect.
in

TEXT OF LAW S— IOW A.

47 1

No person interested in the business of such employer, financially or Administration
otherwise, shall be permitted to administer the oath to the affidavit of oatJl*
required in case as [an] employee or applicant for employment elects to
exercise the right to reject the provisions of this act. And the person
administering such oath in making such affidavit, shall carefully read
the notice and affidavit to such person making such rejection, and shall
explain that the purpose of the notice is to bar such person from recov
ering compensation in accordance with the schedule and terms of this
act in the event that he sustains an injury in the course of such em
ployment. All of which shall be shown by certificate of the person
administering the oath herein contemplated. The Iowa industrial
commissioner, or any person acting for such commissioner, shall refuse
to file the notice and affidavit, unless such notice, affidavit, and cer
tificate fully, and in detail, comply with the requirements hereof.
And if such rejection, affidavit, and certificate is found insufficient
for any cause [it] shall be returned by mail or otherwise to the person
who executed the instrument.
S e c . 2477-m3. (a) When the employer or employee has given notice
Rejection
in
in compliance with this act electing to reject the terms thereof such orce*
election shall continue and be in force until such employer or em
ployee shall thereafter elect to come under the provisions of this act
as is provided in subdivision (6) of this section.
(b)
When an employer or employee rejects the terms, conditions, or Waiver,
provisions of this act, such party may at any time thereafter elect to
waive the same by giving notice in writing in the same manner re
quired of the party in electing to reject the provisions of the act and
which shall become effective when filed with the Iowa industrial com
missioner.
S e c . 2477-m4. Where the employer and employee elect to reject the
Rejection
by
terms, conditions, and provisions of this act, the liability of the em- both partiesployer shall be the same as though the employee had not rejected the
terms, conditions, and provisions thereof.
S e c . 2477-m5. An employer having come under this act, who thereRejection after
after elects to reject the terms, conditions, and provisions thereof, shall election*
not be relieved from the payment of compensation to such employee
who sustains an injury in the course of the employment before the elec
tion to reject becomes effective; and in such cases the employer shall
be required to secure the payment of any compensation due or that
may become due to such workman, subject to the approval of the Iowa
industrial commissioner.
S e c . 2477-m6. Where an employee coming under the provisions of
Liability o f
this act receives an injury for which compensation is payable under 1 parties,
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 thereof.
(a) The employee or beneficiary may take proceedings both against
that person to recover damages and against the employer for compensa
tion, but the amount of the compensation to which he is entitled under
this act shall be reduced by the amount of damages recovered.
(b) If the employee or beneficiary in such case recovers compensa
tion under this act, the employer by whom the compensation was paid
or the party who has been 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 of the employee to re
cover therefor.
S e c . 2477-m7. No contract, rule, regulation or device whatsoever
Waivers,
shall operate to relieve the employer, in whole or in part, from any
liability created by this act except as herein provided.
S e c . 2477-m8. Unless the employer or representative of such emNotice,
ployer shall have actual knowledge of the occurrence of an injury, or
unless the employee or some one on his behalf, or some of the de
pendents or some one on their behalf, shall give notive thereof to the
employer within fifteen days of the occurrence of the injury, then no
compensation shall be paid until and from the date such notice is given
or knowledge obtained; but if notice is given or the knowledge
obtained within thirty days from the occurrence of the injury?
no want, failure, or inaccuracy of a notice shall be a bar to obtain-

472

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

law s

of t h e

u n it e d

states.

ing compensation, unless the employer shall show that he was preju
diced by such want, defect, or inaccuracy, and then only to the
extent of such prejudice: Provided, That if the employee or beneficiary
shall show that his failure to give prior notice was due to mistake, inad
vertence, ignorance of fact or law, or inability, or to the fraud, misrep
resentation, or deceit of another, or to any other reasonable cause or
excuse, then compensation may be allowed, unless and then to the
extent only that the employer shall show that he was prejudiced by
failure to receive such notice: Provided further, Unless knowledge is
obtained or notice given within ninety days after the occurrence of the
injury, no compensation shall be allowed. No form of notice shall be
required, but may substantially conform to the following form:
FORM

Form.

OF NOTICE.

You are hereby notified that on or about the .. day o f ___ 19.., per
sonal injury was sustained b y ......... while in your employ a t ............
(Give name of place employed and point where located when injury occurred.)

..................... and that compensation will be claimed therefor
S igned.....................
but no variation from this form of notice shall be material if the notice is
sufficient to advise the employer that a certain employee, by name,
received an injury in the course of his employment on or about a speci
fied time at or near a certain place. Notice served upon one on whom
an original notice may be served in civil cases shall be a compliance
with this act.
The notice required to be given to the employer may be served by
any person over sixteen years of age, who shall make return upon a copy
of the notice, properly sworn to, showing the date of service where and
upon whom served, but no special form of the return of service of the
notice shall be required. It shall be sufficient if the facts therefrom
can be reasonably ascertained. The return of service may be amended
at any time.
Compensation
s EC. 2477-m9 (as amended by ch. 220, acts of 1919). If any employee
payable, when, ^as not given notice to reject the terms, conditions, and provisions of
this act, or has given such notice and waived the same as by this act
provided, and the employer has not rejected the term's, conditions, and
provisions of the act or has given such notice and waived the same and
the employee receives a personal injury arising out of and in the course
of the employment, compensation shall be paid as herein provided.
Amount.
(a) The compensation provided for in this act shall be paid in accord
ance with the schedule unless otherwise provided.
Medical, etc., ( b) At the time of the injury and thereafter during the disability, but
81 *
not exceeding four weeks of incapacity, the employer, if so requested,
by the employee, or anyone for him, or if so ordered by the court or
Iowa industrial commissioner, shall furnish reasonable surgical, medi
cal, and hospital services, and supplies therefor, not exceeding one
hundred ($100) dollars: Provided, however, That in exceptional cases,
an application may be made in writing to the Iowa industrial commis
sioner for additional surgical, medical, and hospital services, and sup
plies therefor, in which case a copy of such application shall be mailed
to the employer or his insurer. If such application is approved by the
commissioner, then the employer shall furnish such additional services
and supplies for such period and in such amount as the Iowa indus
trial commissioner shall order, but in no event to exceed one hundred
($100) dollars.
(c) Where the injury causes death the compensation under this act
shall be as follows:
Funeral, etc.,
The employer shall in addition to any other compensation pay the
expenses.
reasonable expense of the employee’s last sickness and burial not to
exceed one hundred dollars. If the employee leaves no dependents
this shall be the only compensation.
Death benefits.
(d) i f death results from the injury, the employer shall pay the
dependents of the employee wholly dependent upon his earnings for
support at the time of the injury, a weekly payment equal to sixty
per cent of his average weekly wages, but not more than fifteen ($15)

T E X T

OF LAW S---- IOWA.

473

dollars nor less than six ($6 ) dollars per week for a period of three
hundred weeks.
(e)
If the employee leaves dependents only partially dependent upon
his earnings for support at the time of the injury, the weekly compen
sation to be paid as aforesaid shall be equal to the same proportion of
the weekly payments for the benefit of persons wholly dependent as the
amount contributed by the employee to such partial dependents bears
to the annual earnings of the deceased at the time of the injury. When
weekly payments have been made to an injured employee before his
death, the compensation to dependents shall begin from the date of the
last of such payments, but shall not continue more than three hundred
weeks from the date of the injury.
(/) Where injury causes death to an employee, a minor, whose earn- Minors,
ings were received by the parent, the compensation to be paid the
parent shall be two-thirds of the amount provided for payment in sub
division (d)y section ten [nine].
(g) No compensation shall be paid for an injury which does not W aiting time,
incapacitate the employee for a period of at least two weeks from
earning full wages: Provided,^ however, That this provision shall not
apply to those injuries resulting in disability partial in character and
permanent in quality and compensated according to the schedule found
in section twenty-four hundred seventy-seven-m-9 (J) (2477-m-9-j),
Supplement to the Code, 1913. Should such incapacity extend beyond
a period of two weeks, compensation shall begin on the fifteenth day
after the injury: Provided, however, That if the period of incapacity
extends beyond the thirty-fifth day following the date of the injury,
then the compensation for the fifth week of incapacity shall be increased
by adding thereto an amount equal to two-thirds (§) of the weekly
compensation; if the period of incapacity extends beyond the fortysecond (42d) day following the date of the injury, then the compensa
tion for the sixth week of incapacity shall be increased by adding increased benethereto an amount equal to two-thirds (f) of the weekly compensation;fits'
if the period of incapacity extends beyond the forty-ninth (49th) day
following the date of the injury, then the compensation for the seventh
week of incapacity shall be increased by adding thereto an amount
equal to two-thirds (|) of the weekly compensation; if the period of
incapacity extends beyond the forty-ninth (49th) day following the
date of the injury, then the compensation thereafter shall be only the
weekly compensation provided for in this law.
(h) For injury producing temporary disability, sixty per cent of the Temporary disaverage weekly wages received at the time of the injury, subject to a ablllty*
maximum compensation of fifteen dollars and a minimum of six dollars
per week: Provided, That if at the time of injury the employee receives
wages less than six dollars per week, then he shall receive the full
amount of wages per week. This compensation shall be paid during
the period of such disability, not, however, beyond three hundred
weeks.
(i) For disability total in character and permanent in quality, sixty FieI-m5-rten*
per cent of the average weekly wages received at the time of the injury,total disat,llltysubject to a maximum compensation of fifteen dollars per week, and
a minimum of six dollars per week: Provided, That if, at the time of
injury, the employee receives wages less than six dollars per week, then
he shall receive the full amount of wages per week. This compensa
tion shall be paid during the period of such disability, not, however,
beyond four hundred weeks.
* (j) For disability partial in character and permanent in quality the Partial
disacompensation shall be as follows:
y‘
For all cases included in the following schedule compensation shall
be paid as follows, to wit:
( 1) For the loss of a thumb, sixty per cent of daily wages during
forty weeks.
( 2) For the loss of a first finger, commonly called the index finger,
sixty per cent of daily wages during thirty weeks.
(3) For the loss of a second finger, sixty per cent of daily wages
during twenty-five weeks.
(4) For the loss of a third finger, sixty per cent of daily wages during
twenty weeks.

474

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 f t h e u n i t e d s t a t e s .

(5) For the loss of a fourth finger, commonly called the little finger,
sixty per cent of daily wages for fifteen weeks.
(6 ) For the loss of the first phalange of the thumb or of any finger
shall be considered to be equal to the loss of one-half of such thumb or
finger and compensation shall be one-half of the amounts above
specified.
(7) The loss of more than one phalange shall be considered as the
loss of the entire finger or thumb: Provided, however, That in no case
shall the amount received for more than one finger exceed the amount
provided in this schedule for the loss of a hand.
(8 ) For the loss of a great toe, sixty per cent of daily wages during
twenty-five weeks.
(9) For the loss of one of the toes other than the great toe, sixty per
cent of daily wages during fifteen weeks.
(10) For the loss of the first phalange of any toe shall be considered
to be equal to the loss of one-half of such toe, and the compensation
shall be one-half of the amount above specified.
( 11) The loss of more than one phalange shall be considered as the
loss of the entire toe.
( 12) For the loss of a hand, sixty per cent of daily wages during
one hundred fifty weeks.
(13) The loss of two-thirds of that part of an arm between the shoulder
joint and the elbow joint shall constitute the loss of an arm, and the
compensation therefor shall be sixty (60) per cent of the average weekly
wages during two hundred twenty-five (225) weeks.
(14) For the loss of a foot, sixty per cent of daily wages during one
hundred twenty-five weeks.
(15) The loss of two-thirds of that part of a leg between the hip joint
and the knee joint shall constitute the loss of a leg, and the compensa
tion therefor shall be sixty (60) per cent of the average weekly wages
during two hundred ( 200) weeks.
(16) For the loss of any [an] eye, sixty per cent of daily wages dur
ing one hundred weeks.
\a) For the loss of a second or last eye, the other eye having been lost
prior to the injury resulting in the loss of the second eye, sixty (60) per
cent of the average weekly wages during two hundred ( 200) weeks.
(17) For the loss of hearing in one ear, sixty (60) per cent of daily
wages during fifty (50) weeks, and for the loss of hearing in both ears,
fifty (50) per cent of the daily wages during one hundred fifty (150)
weeks.
(18) The loss of both arms, or both hands, or both feet, or both legs,
or both eyes, or of any two thereof, caused by a single accident, shall
constitute total and permanent disability, to be compensated accord
ing to the provisions of section twenty-four hundred seventy-seven-m-9
(I) (2477-m-9-i), supplement to the code, 1913.
Other injuries.
(19) In all other cases in this, clause ( j), the compensation shall bear
such relation to the amount stated in the above schedule as the dis
ability bears to those produced by the injuries named in the sche
dule. Should the employee and employer be unable to agree upon
the amount of compensation to be paid in cases not specifically covered
by the schedule, the amount of compensation shall be settled accord
ing to provisions of this act as in other cases of disagreement.
Amounts.
(20) The amounts specified in this clause (j ) and subdivisions thereof,
shall be subject to the same limitations as to maximum and minimum
weekly payments as are stated in clause (h), section ten [nine] hereof.
Death
during
S e c . 2477-mlO. Where an employee is entitled to compensation
riodfen 10n pe" 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 compen
sation, payments of the unpaid balances for such injury shall cease and
all liability therefor shall terminate.
Medical examiS e c . 2477-mll. After an injury, the employee, if so requested by
na ions.
j^g e m p i0 y er> shall submit himself for examination at some reasonable
time and place within the state and as often as may be reasonably re
quested, to a physician or physicians authorized to practice under
the laws of this State, without cost to the employee; but if the
employee request, he shall, at his own cost, be entitled to have a
physician or physicians of his own selection present to participate in

TEXT OP LAWS— IOWA.

475

such examination. The refusal of the employee to submit to such Refusal,
examination shall deprive him of the right to compensation during the
continuance of such refusal. When a right to compensation is thus
suspended no compensation shall be payable in respect to the period
of suspension.
S ec. 2477-ml2. The compensation herein provided shall be the Burden on etn*
measure of the responsibility which the employer has assumed for Pio^erinjuries or death that may occur to employees in his employment,
subject to the provisions of this act, and it shall not be in any wise
reduced by contribution from employees.
Sec. 2477-ml3 (as amended by ch. 270, 336, acts of 1917). When Payments to
an injured minor employee or a minor dependent or one physically trustees» when,
or mentally incapacitated from earning is entitled to compensation
under this act, payment shall be made to a trustee appointed by the
judge of the district court for each county in the respective judicial
districts, and the money coming into the hands of the said trustees
shall be expended for the use and benefit of the person entitled thereto
under the direction and orders of the judge during term time or in
vacation. The trustee shall make annual reports to the court of all
money or property received and expended for each person, and for
services rendered as trustee shall be paid such compensation by the
county as the court may direct by written order directed to the auditor
of the county who shall issue a warrant therefor upon the treasurer of
the county in which the appointment is made. If the judge making
the appointment deems it advisable, a trustee may be appointed to
serve for more than one county in the district, and the expenses shall
be paid ratably by each county according to the amount of work per
formed in each county. The trustee shall qualify and give bond in
such amount as the judge may direct, which may be increased or dimin
ished from time to time as the court may deem best.
In case a deceased employee for whose injury or death compensation
is payable leaves surviving him an alien dependent or dependents Aliens,
residing outside the United States, the consul-general, consul, viceconsul or consular agent of the nation of which the said dependent or
dependents are citizens shall be regarded as the exclusive representa
tive of such dependent or dependents. Such consular officer, or
his duly appointed repreentative residing in the State of Iowa, shall
have the exclusive right in behalf of such nonresident dependents to
present, prosecute, litigate, adjust, and settle all claims for compen
sation provided by this act, and to receive for distribution to such
dependent or dependents all compensation arising thereunder.
Such consular officer or his duly appointed representative shall file
with the industrial commissioner a copy of his exequatur or evidence
of his authority and the industrial commissioner shall notify such consu
lar officer or his said representative of the death of all employees leaving
alien dependent or dependents residing in the country of said consular
officer so far as the same shall come to his knowledge: Provided, how*
ever, That nothing herein shall abridge the right of any relative of such
decedent who may reside in the State of Iowa to take out administra
tion upon the estate of such decedent, and as such receive the funds
due said estate: And provided further, That before said consular agent
or his representative shall have the right to receive funds due the estate
of said decedent he shall regularly take out administration in the county
where decedent last resided, and give bond as administrator for the
protection of such funds as provided by law.
Sec. 2477-ml4 (as amended by ch. 270, acts of 1917). In any case Lumpsums,
where the period of compensation can be determined definitely either
party may, upon due notice to the other, apply to any judge of the
district court for the county in which the accident occurred for an order
commuting future payments to a lump sum: Provided, however, That
no judge of the district court shall consider any such application until
there is endorsed thereon by the Iowa industrial commissioner his
approval of such commutation, and no order shall be issued by such
judge contrary to the endorsement of said industrial commissioner.
And such judge may make such an order when it shall be shown to
his satisfaction that the payment of a lump sum in lieu of future monthly
or weekly payments, as the case may be, will be for the best interest

476.

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

of the person or persons receiving or dependent upon said compensa
tion, or that the continuance of periodical payments will, as compared
with lump-sum payments, entail undue expense or undue hardship
upon the employer liable therefor. Where the commutation is ordered,
the court shall fix the lump sum to be paid at an amount which will
equal the total sum of the probable future payments capitalized at
their present value and upon the basis of interest, calculated at five
per cent per annum. Upon the payment of such amount the employer
shall be discharged from all further liability on account of such injury
or death, for which said compensation was being paid, and be entitled
to a duly executed release, upon filing which the liability of such em
ployer under any agreement, award, finding, or judgment shall be
discharged of record.
Computing
S e c . 2477-ml5 (as amended by ch. 220, acts of 1919). The basis
payments.
for computing compensation provided for in this act shall be as follows:
(a) The compensation shall be computed on the basis of the annual
earnings which the injured person received as salary, wages or earn
ings in the employment of the same employer during the year next
preceding the injury.
(b) Employment by the same employer shall be taken to mean em
ployment by the same employer in the grade in which the employee
was employed at the time of the accident, uninterrupted by absence
from work due to illness or any other unavoidable cause.
(c) The annual earnings, if not otherwise determinable, shall be
regarded as three hundred times the average daily earnings in such
computation.
(d) If the injured person has not been engaged in the employment
for a full year immediately preceding the accident, the compensation
shall be computed according to the annual earnings which persons of
the same class in the same or in neighboring employments of the same
kind have earned during such period. And if this basis of computation
is impossible, or should appear to be unreasonable, three hundred times
the amount which the injured person earned on an average of those
days when he was working during the year next preceding the acci
dent, shall be used as a basis for the compensation.
(e) In case of injured employees who earn either no wages or less
than three hundred times the usual daily wage or earnings of the adult
day laborer in the same line of industry of that locality, the yearly wage
shall be reckoned as three hundred times the average daily local wages
of the average wage earner in that particular kind or class of work; or
if information of that class is not obtainable, then of the class or kindred
or similarity in the same general employment in the same neighborhood.
Seasonal
em- (j) As to employees employed in a business or enterprise which cuspioyments.
tomarily shuts down and ceases operation during a season of each year,
the number of working days which it is the custom of such business or
enterprise to operate each year shall be used instead of three hundred
as a basis for computing the annual earnings: Provided, The minimum
number of days which shall be used as a basis for the year’s work shall
not be less than two hundred.
Overtime, etc.
(g) Earnings, for the purpose of this section, shall be based on the
earnings for the number of hours commonly regarded as a day’s work
for that employment, and shall exclude overtime earnings. The
earnings shall not include any sum which the employer has been
accustomed to pay the employee to cover any special expense entailed
on him by the nature of the employment.
Secondinjuries. (h) In computing the compensation to be paid to any employee who,
before the accident for which he claims compensation, was disabled
and drawing compensation under the terms of this act, the compensa
tion for eacn subsequent injury shall be apportioned according to the
proportion of incapacity and disability caused by the respective in
juries which he may have suffered.
Definitions.
Sec. 2477-ml6 (as amended by ch. 270, acts of 1917). In this
act unless the context otherwise requires:
^ (a) “ Employer” includes and applies to any person, firm, associa
tion or corporation, and includes State, counties, municipal corpora
tions, cities under special charter and under commission form of
government and shall include school districts and the legal representa-

TEXT OF LAWS----IOWA.

477

tives of a deceased employer. Whenever necessary to give effect to
section 7 of this act, it includes a principal or intermediate contractor.
(6)
“ Workman” is used synonymously with “ employee,” and
means any person who has entered into the employment of, or works
under contract of service, express or implied, or apprenticeship for an
employer, except a person whose employment is puiely casual or not
for the purpose of the employer’s trade or business or those engaged in
clerical work only, but clerical work shall not include one who may be
subjected to the hazards of the business, or one holding an official
position or standing in a representative capacity of the employer, or
an official elected or appointed by the State, county, school district,
municipal corporation, cities under special charter and commission
form of government: Provided, That one who sustains the relation of
contractor with any person, firm, association^ corporation or the State,
county, school district, municipal corporation, cities under special
charter or commission form of government, shall not be considered an
employee thereof.
The term “ workman ” shall include the singular and plural of both
sexes. Any reference to a workman who has been injured shall, where
the workman is dead, include a reference to his dependents as herein
defined, legal representatives or where the workman is a minor or in
competent to his guardian or next friend.
(c)
The following shall be conclusively presumed to be wholly Dependents.
dependent upon a deceased employee:
(1) The surviving spouse, unless it be shown that the survivor will
fully deserted deceased without fault upon the part of the deceased,
and if it be shown that the survivor deserted deceased without fault
upon the part of deceased, the survivor shall not be regarded as a
dependent in any degree. No surviving spouse shall be entitled to
the benefits of this act unless she shall have been married to the
deceased at the time of the injury, and should the deceased employee
leave no dependent children, and should the surviving spouse remarry,
then all compensation payable to her shall terminate on the date of
such remarriage.
(2) A child or children under sixteeen years of age (and over said age
if physically or mentally incapacitated from earning) whether actually
dependent for support or not upon the parent at the time of his of her
death.
(3) A parent of a minor entitled to the earnings of the employee at
the time when the injury occurred, subject to provisions of subdivision
(f), section 10 [nine] hereof.
(4) If the deceased employee leaves dependent surviving spouse,
the full compensation shall be paid to such spouse; but 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. If there be no person or persons wholly
dependent, then payment shall be made to partial dependents.
(5) In all other cases, questions of dependency in whole or in part
shall be determined in accordance with the fact as the fact may be at
the time of the injury; and in such other cases if there is more than
one person wholly dependent, the death benefit shall be equally
divided among them, and persons partially dependent, if any, shall
receive no part thereof. If there is no one wholly dependent and
more than one person partially dependent, the death benefit shall be
divided among them according to the relative extent of their depend
ency: Provided, however, That when a lump sum is paid as contem
plated by this act, the court or commissioner, in making distribution
thereof, shall take into consideration the contingent rights of partial
beneficiaries or the rights of those who may become such after a wholly
dependent child or children become sixteen } ears of age.
(6) Step-parents shall be regarded in this act as parents.
(7) Adopted child or children or stepchild or children shall be
regarded in this act the same as if issue of the body.
(<f) “ Injury” or “ personal injury” includes death resulting from Injury.
injury.
(e)
The words “ personal injury arising out of and in the course of
such employment ” shall include injuries to employees whose services

478

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

are being performed on, in or about the premises which are occupied,
used or controlled by the employer, and also injuries to those who are
engaged elsewhere in places where their employer’s business requires
their presence and subjects them to dangers incident to the business.
( / ) The words“ injury ” and “ personal injury ” shall not include injury
caused by the willful act of a third person directed against an employee
for reasons personal to such employee or because of his employment.
Disease.
(^)They shall not include a disease except as it shall result from the
injury.
'(h) The word “ court” whenever used in this act, unless the context
shows otherwise, shall be taken to mean the district court.
Employees’
S e c . 2477-ml7. (a) Any contract of employment, relief benefit or
contributions.
insurance or other device whereby the employee is required to pay
any premium or premiums for insurance against the compensation
provided for in this act shall be null and void; and any employer
withholding from the wages of any employee any amount for the pur
pose of paying any such premium shall be guilty of a misdemeanor
and punishable by a fine not less than ten dollars nor more than fifty
dollars for each offense, in the discretion of the court.
No employee or beneficiary shall have power to waive any of the
provisions of this act in regard to the amount of compensation which
may be payable to such employee or bereficiary hereunder to whom
the act applies.
Agreements
Sec. 2477-ml8. Any contract or agreement made by any employer
withm 12 days.
or ^
agen£ or attorney with any employee or any other beneficiary of
any claim under the provisions of this act within twelve days after the
injury shall be presumed to be fraudulent.
S e c . 2477-ml9. [Repealed.]
Attorneys’ fees.
S e c . 2477-m20. N o claim of an attorney at law for services in securing
a recovery under this act shall be an enforceable lien thereon unless the
amount of the same be approved in writing by a judge of a court of
record or the Iowa industrial commissioner, which approval may be
made in term time or vacation.
Commerce.
S e c . 2477-m21. The provisions of this act shall apply to employers
and employees as defined in this act engaged in intrastate commerce and
also to those engaged in interstate or foreign commerce for whom a rule
or method of compensation has been or may be established by the Con
gress of the United States, only to the extent that their mutual connec
tion with intrastate work or foreign commerce shall be clearly separable
and distinguishable from interstate or foreign commerce: Provided,
That any such employer and workman of such employer working only
in this State may, subject to the approval of the Iowa industrial com
missioner, and so far as not forbidden by any act of Congress or per
mitted, voluntarily by written^ agreement, accept and become bound
by the provisions of this act in like manner and with the same force and
effect in every respect as by this act provided for other employers and
employees.
P a r t II.
Industrial comS e c t i o n 2477-m22 (as amended
missioner.
hereby created the office of Iowa

Salary, etc.

by ch. 272, acts of 1919). There is
industrial commissioner, to be ap
pointed by the governor, by and with the consent of the senate. The
term of office of the commissioner shall be six years. An appointment
may be made to fill a vacancy or otherwise when the senate is not in
session, but shall be acted upon at the next session thereof.
The Iowa industrial commissioner shall appoint a deputy, for whose
acts he shall be held responsible, who shall hold office during the pleas
ure of said industrial commissioner. Such appointment shall be made
in writing, and must be approved by the executive council of the State
of Iowa. The deputy, in the absence or disability of the Iowa indus
trial commissioner, shall have all the powers ana perform all of the
duties of the industrial commissioner pertaining to his office, and shall
receive an annual salary of twenty-four hundred dollars, payable in
equal monthly installments, out of the State treasury and in the same
manner as are the salaries of other State officials.
S e c . 2477-m23. The salary and actual necessary expenses of the c o m
missioner shall be paid by the State, and he shall be provided with

TEXT OF LAWS----IOWA.

479

adequate and necessary office rooms, furniture, equipment, supplies,
and other necessaries in the transaction of the business. The annual
salary of the commissioner shall be thirty-three hundred dollars. The
commissioner, by and with the consent of the executive council, may
fix the salary and appoint a secretary and other assistants and clerical
help as may be required and needed: Provided, That the salary of the
secretary shall not exceed eighteen hundred dollars per annum. The
salary and actual personal expense account of the commissioner shall be
itemized and sworn to and filed as other current bills as provided by
statute, and warrant therefor shall be issued by the auditor upon the
treasurer of the State for the payment thereof at the end of each calendar
month: Provided, however, That the expense account may be audited,
allowed, and paid at the end of each week. The commissioner shall Seal,
provide himself with a seal, which shall be used to authenticate his
orders, decisions, and other proceedings deemed necessary, upon which
shall be inscribed the words, “ Iowa Industrial Commissioner’s Seal”
and the date of organization. All other accounts made by, through, or Accounts.
under the commissioner for salaries (and) expenditures, unless other
wise by this act provided, shall be itemized and sworn to by the parties
entitled thereto, audited by. the commissioner, attested by the secre
tary, filed as other bills are required by statute; and a warrant shall
issue therefor by the auditor of State upon the treasurer, who shall pay
the same out of the funds appropriated for the use of the commissioner
as by this act provided. The salaries of all persons under the commis
sioner shall be audited, allowed, and paid at the end of each month, and
expense accounts may be audited, allowed, and paid at the end of each
week. The commissioner shall have the power to remove the secretary
or any other person appointed to an office by him at any time the com
missioner may see fit.
It shall be unlawful for any appointee by the commissioner to espouse Political aetiv*
the election or appointment of any candidate for or to any political1
office, or to contribute to the campaign fund of any political party, or
to the campaign fund of any person who is a candidate for election or
appointment to any political office, and any person performing the
duties as an appointee under the commissioner violating the provisions
of this act shall be sufficient cause for dismissal and removal from office.
Before entering upon his duties the commissioner shall qualify by Oath.
taking the oath of his office, that he will support the Constitution of the
United States and of the State of Iowa, and will faithfully and impar
tially, without fraud, fear, or favor, discharge the duties of his office
incumbent upon him, as provided by the law of the State of Iowa, to
the best of his ability and understanding.
There is hereby appropriated out of any money not otherwise appro- Appropriations
priated for the use of the commissioner, as contemplated within the
terms of this act or acts amendatory thereof, or other statutes relating to
the commissioner, his duties and responsibilities empowered by law,
the sum of twenty thousand dollars annually, and in addition thereto
the executive council shall provide and furnish the commissioner with
such printing as may be necessary in the transaction of the business
within the contemplation of law.
S e c . 2477-m24 (as amended by chs. 188, 270, 409, acts of 1917). The Regulations,
commissioner may make rules and regulations not inconsistent with this
act for carrying out the provisions of the act. The employer shall fur
nish upon request^ of an injured employee or dependent or any legal
representative acting for such person, a statement of the earnings, wages,
or salary and other matters relating to such earnings, wages, or
salary during the year or part of the year that such employee was in the
employment of such employer for the year preceding the injury: Pro
vided, however, That not more than one report shall be required for each
on account of any one injury. Process and procedure under this act Procedure,
shall be as summary as reasonably may be. While sitting as an arbitra
tion committee, or when conducting a hearing upon review, or in the
making of any investigation or inquiry, neither the commissioner nor th e
arbitration committee shall be bound by common law or statutory rules
of evidence, or by technical or formal rules of procedure, but may hold
such arbitrations or conduct such hearings and make such investigations
and inquiries in the manner best suited to ascertain the substantial rights

480

WORKMEN^ COMPENSATION LAWS OF THE UNITED STATES

of the parties. The commissioner shall have the power to subpoena wit
nesses, administer oaths and to examine such books and records of the
parties to a proceeding or investigation as relate to questions in dispute
Fees.
or under investigation. The fees for attending as a witness before the
industrial commissioner shall be one dollar and fifty cents per diem; for
attending before an arbitration committee, one dollar per diem; in both
cases five cents per mile for traveling to and from the place of hearing.
The district court is hereby empowered to enforce by proper proceed
ings the provisions of this section relating to the attendance and testi
mony of witnesses and the examination of books and records. The de
position of any witness may be taken and used as evidence in any hearing
pending before a board of arbitration in workmen’s compensation pro
ceeding in connection herewith. Such deposition shall be taken in
the same manner as provided for the taking of depositions in the dis
trict court, and when so taken shall be admissible in evidence in such
hearings in the same manner subject to the same rules governing the
admission of evidence in the district court. Application for permis
sion to take depositions in such case shall be filed in the district court
of the county wherein the case for arbitration shall be heard. The com
missioner shall make biennial reports to the governor, who shall trans
mit the same to the general assembly, in which, among other things,
the commissioner shall recommend such changes in the law covered by
this act as he may deem necessary.
Memoranda of
S e c . 2477-m25 (as amended by ch. 270, acts of 1917). If the emagreements.
ployer and the employee reach an agreement in regard to the compen
sation under this act, a memorandum thereof shall be filed with the
Iowa industrial commissioner by the employer or employee, and unless
the commissioner shall, within twenty days, notify the employer and
employee of his disapproval of the agreement by registered letter sent to
their addresses as given on the memorandum filed, the agreement shall
stand as approved and be enforceable for all purposes under the pro
visions of this act. In case the injured employee is a minor, either he
or the trustee provided for in section twenty-four hundred seventyseven-m-13 (2477-m-13), supplement to the code, 1913, may execute
the memorandum of agreement provided for herein, and may give a
valid and binding release for the compensation paid on his account under
the terms of this act. Such agreement shall be approved by said com
missioner only when the terms conform to the provisions of this act.
Arbitrations.
S e c . 2477-m26. If the employer and the injured employee or repre
sentatives or dependents fail to reach an agreement in regard to com
pensation under this act, either party may notify the industrial com
missioner, who shall thereupon call for the formation of a committee of
arbitration. The arbitration committee shall consist of three persons,
one of whom shall be the industrial commissioner, who shall act as
chairman. The other two shall be named, respectively, by the two
parties. If a vacancy occurs it shall be filled by the party whose rep
resentative is unable to act.
Oath of arbiS e c . 2477-m27. The arbitrators appointed by the parties shall be
trators.
sworn by the chairman to take the following oath :
I y------------------- 1 d0 solemnly swear (or affirm) that I will faithfully
perform my duties as arbitrator and will not be influenced in my deci
sion by any feeling of friendship or partiality toward either party.
(Signed)
Committee.
S e c . 2477-m28. It shall be the duty of the industrial commissioner,
upon notification that the parties have failed to reach an agreement,
to request both parties to appoint their respective representatives on
the committee of arbitration. The commissioner shall act as chair
man, and, if either party does not appoint its member on this com
mittee within seven days after notification as above provided, or
after a vacancy has occurred, the commissioner shall fill the vacancy
and notify the parties to that effect.
Powers.
S e c . 2477-m29 (as amended by ch. 220, acts of 1919). The com
mittee of arbitration shall make such inquiries and investigations as it
shall deem necessary. The hearings of the committee shall be in the
city, town, or place where the injury occurred, if within the State. If
the injury occurred outside this State the hearings of the committee
shall be held in the county seat of this State which is nearest to the
Oaths.

TEXT OF LAWS----IOWA.
where the injury occurred unless the interested parties and the
?lace
owa industrial commissioner mutually agree by written stipulation

481

that the same may be held at some other place: The decision of the
committee, together with the statement of evidence submitted
before it, its findings of fact, rulings of law, and any other matters per
tinent to questions arising before it, shall be filed with the industrial
commissioner. Unless a claim for review is filed by either party
within five days from the date of filing the decision with said com
missioner, such decision shall be enforceable under the provisions of
this chapter.
S e c . 2477-m30. The industrial commissioner may appoint a duly
Medical examiqualified impartial physician to examine the injured employee and natlonmake report. The fee for this service shall be five dollars, to be paid
by the industrial commissioner, together with traveling expenses,
but the commissioner may allow additional reasonable amounts in
extraordinary cases. Any physician so examining any injured em
ploye shall not be prohibited from testifying before the Iowa industrial
commissioner or any other person, commission, or court, as to the
results of his examination or the condition of the injured employee.
S e c . 2477-m31. The arbitrators named by or for the parties "to the
Arbitrators’
dispute shall each receive five dollars as a fee for his services, but the
industrial commissioner may allow additional reasonable amounts in
extraordinary cases. The fees shall be paid by the employer, who
may deduct an amount equal to one-half of the sum from any com
pensation found due the employee. And all other costs incurred in
the hearing before the board of arbitration shall be taxed to the losing
party, or an equitable apportionment made thereof by the com
mittee according to the facts.
S e c . 2477-m32. If a claim for review is filed, the industrial commisReview,
sioner shall hear the parties and may hear evidence in regard to any
or all matters pertinent thereto and may revise the decision of the
committee in whole or in part, or may refer the matter back to the
committee for further findings of fact, and shall file its decision with
the records of the proceedings and notify the parties thereof. No
party shall as a matter of right be entitled to a second hearing upon
any question of fact.
S e c . 2477-m33 (as amended by ch. 270, acts of 1917). Any party in
Filing orders in
interest may present a certified copy of an order or decision of the courtcommissioner, or an award of an arbitration committee from which
no claim for review has been filed within the time allowed therefor,
or a memorandum of agreement approved by the commissioner, and
all papers in connection therewith, to the district court of the county
in which the injury occurred, whereupon said court shall render a
decree in accordance therewith and notify the parties. Such decree,
in the absence of an appeal from the decision of the industrial com
missioner, shall have the same effect, and in all proceedings in relation
thereto shall thereafter be the same as though rendered in a suit duly
heard and determined by said court. Upon the presentation to the
court of a certified copy of a decision of the industrial commissioner,
ending, diminishing, or increasing a weekly payment under the
provisions of this act, the court shall revoke or modify the decree to
conform to such decision.
No order or award of an arbitration committee is appealable direct to Review,
the courts, but if any party in interest is aggrieved thereby he may,
within five (5) days from the date thereof, apply to the industrial
commissioner for a review of the same by such industrial commissioner
in the manner as hereinbefore provided. If any such party is aggrieved
by reason of an order or decree of the Iowa industrial commissioner,
such party may appeal therefrom to the district court of Iowa, only
in the manner and upon the grounds following:
Within thirty (30) days from the date of such order or decree of Appeals,
the industrial commissioner, the party aggrieved may file an appli
cation in writing with the Iowa industrial commissioner asking for
an appeal from such order or decree, stating generally the grounds
upon which such appeal is sought. In the event such application is
filed as hereinbefore provided, the industrial commissioner shall,
177982°— 21— Bull. 272------ 31

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p e n

s a t io

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o f

t h

i t e

s t a t e s

within thirty days from the filing ofsame, cause certified copies of all
documents and papers then on file in his office in the matter, and a
transcript of all testimony taken therein, to be transmitted with his
findings and order or decree to the clerk of the district court of Iowa in
and for that county wherein the injury occurred. The application
for such appeal may thereupon be brought on for hearing before said
district court upon such record by either party on ten (10) days’
written notice to the other; subject, however, to the provisions"of
law for a change of the place of trial or the calling of another judge.
The findings of fact made by the industrial commissioner within his
powers shall, in the absence of fraud, be conclusive, but upon such
hearing the court may confirm or set aside such order or decree of the
industrial commissioner, if he finds:
(1) That the industrial commissioner acted without or in excess of
his powers; or
(2) That the order or decree was procured by fraud; or
(3) That the facts found by the industrial commissioner do not
support the order or decree.
(4) That there is not sufficient competent evidence in the record
to warrant the industrial commissioner in making the order or decree
complained of.
No order or decree of the industrial commissioner shall be set aside
by the court upon other than the grounds just stated,
er hear- "Upon the setting aside of any such order or decree, the court may
recommit the controversy to the industrial commissioner for further
hearing or proceedings, or it may enter the proper judgment upon
the findings, as the nature of the case may demand. Such decree
shall have the same effect and in all proceedings in relation thereto
shall thereafter be the same as though rendered in a suit duly heard
and determined by said court. An abstract of the judgment entered
by the trial court upon the appeal from any order or decree shall be
made by the clerk thereof upon the docket entry of any judgment
which may hereinbefore have been rendered upon it. Such order
or decree and transcript of such abstract may thereupon be obtained for
like entry upon the dockets of the courts of other counties within the
State.
Any party in interest who is aggrieved by a judgment entered by the
district court upon the appeal of an order or decree, may appeal there
from within the time and in the manner provided for in appeal from
the orders, judgments, and decrees of the district court of Iowa; but all
such appeals shall be placed on the calendar of the supreme court and
brought to a hearing in the same manner as criminal causes on such
calendar.
No fee shall be charged by the clerk of any district court for the per
formance of any official service required by this act, except for the dock
eting of judgments and for certified copies or transcripts thereof. In
proceeding on appeal from an order or decree, costs as between the
parties shall be allowed or not, in the discretion of the court,
le w o f S e c . 2477-m34 (as amended by ch. 270, acts of 1917). (a) Any
payment required to be made under this act, which has not been com
muted, may be reviewed by the industrial commissioner at the request
of the employer or of the employee, and if on such review the commis
sioner finds the condition of the employee warrants such action, he may
end, diminish, or increase the compensation, subject to the maximum or
minimum amounts provided for in this act. All hearings upon review
of the Iowa industrial commissioner under the provisions of this section,
or under section twenty-four hundred seventy-seven-m-32 (2477-m-32),
supplement to the code, 1913, shall be held at DesMoines, Iowa, unless
the interested parties and the Iowa industrial commissioner mutually
agree by written stipulation that the same may be held at some other
place.
Upon the presentation to the court of a certified copy of a decision of
the industrial commissioner ending, diminishing, or increasing a weekly
payment under the provisions of this act, the court shall revoke or
modify any judgment or decree then on record in his court to conform
to such decision.

TEXT OF LAWS----IOWA.

483

(b)
Any notice to be given by the commissioner or court provided for
in this act shall be in writing, but service thereof shall be sufficient if
registered and deposited in the mail, addressed to the last known
address of the parties.
S e c . 2477-m35. Fees of attorneys and physicians for services under
Fees to be ap*
this act shall be subject to the approval of the industrial commissioner Provedunless otherwise provided in this act.
S e c . 2477-m36 (as amended by ch. 270, acts of 1917). Every emReports of acci«
ployer shall hereafter keep a record of all injuries, fatal or otherwise, dentssustained by his employees in the course of their employment and
resulting in incapacity for a longer period than one day. Within fortyeight hours, not counting Sundays and legal holidays, after the em
ployer has knowledge of the occurrence of an accident resulting in per
sonal injury, causing incapacity for a longer period than one day, a
report shall be made in writing by the employer to the industrial com
missioner on blanks to be procured from the commissioner for that
purpose.
Upon the termination of the disability of the injured employee, or if
such disability extends beyond a period of sixty days, at the expiration
of such period the employer shall make a supplemental report on blanks
to be procured from the commissioner for that purpose. The said re
ports shall contain the name and nature of the business of the employer,
the location of the establishment, the name, age, sex, and occupation of
the injured employee, and shall state the date and hour of the accident,
the nature and cause of the injury, and such other information as may
be required by the commissioner. Any employer who refuses or neg
lects to make the report required by this section shall be punished by a
fine of not more than fifty dollars for each offense.
All books, records, and pay rolls of the employers, coming under this Access to books,
act showing or reflecting in any way upon the amount of wage expenditure of such employer, shall always be open for inspection by the indus
trial commissioner, or any of his representatives presenting a certificate
of authority from said commissioner for the purpose of ascertaining the
correctness of the wage expenditure, the number of men employed and
such other information as may be necessary for the uses and purposes of
the commissioner in his administration of the law. But information
obtained within the contemplation of this act shall be used for no other
purpose than the information of the commissioner or insurance associa
tion with reference to the duties imposed upon such commissioner. A
refusal on the part of the employer to submit his books, records, or pay
rolls for the inspection of the commissioner, or his authorized represen
tative presenting written authority from the commissioner, shall sub
ject the employer to a penalty of one hundred dollars for each such
offense, to be collected by civil action in the name of the State, and
paid into the State treasury.
S e c . 2477-m37. It shall be unlawful for the commissioner, during his Political activ*
term of office, to serve upon any committee of any political party or 1 y*
espouse the election or appointment of any person for any political
office or contribute to any campaign fund of any political party, or to
the campaign fund of any person who is a candidate for election or ap
pointed to any political office. A violation of this section shall be
deemed a misdemeanor and upon conviction shall be fined one hundred
dollars.
S e c . 2477-m38. It shall be unlawful for any person who is a candidate Pledges,
for the appointment as commissioner to make any promise to another,
expressed or implied, in consideration of any assistance or influence
given or recommendation made that the candidate will, if appointed as
commissioner, vote to appoint such person or one whom he may recom
mend to an office within the power of the commissioner to appoint. A
violation thereof shall be deemed a misdemeanor and upon conviction
thereof shall be fined one hundred dollars.
S e c . 2477-m39. All recommendations made by any person to the
Reeommenda*
commissioner asking the appointment of another as commissioner shall 10ns‘
be reduced to writing signed by the person presenting the same, which
shall be filed by the governor in his office and open at all reasonable
times for public inspection, and all recommendations made by any per
son to the commissioner for the appointment of another within the

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power of the commissioner to appoint, shall be reduced to writing,
signed by the person presenting the same, and filed by the commissioner
and open for public inspection at all reasonable times and hours. If
any person recommending the appointment of another within the con
templation of this act refuse to reduce the same to writing, it shall be
the duty of the person to whom the recommendation is made, to make
a brief memorandum thereof, stating the name of the person recom
mended and the name of the person who made the same, which shall be
Business inter- filed as by this act in other cases provided. It shall be unlawful for the
estscommissioner to be financially interested in any business enterprise
coming under or affected by this act during his term of office, and
any member offending this statute, it shall be sufficient grounds [sic]
for his removal from office, and in such case the governor shall at
once declare the office vacant and appoint another to fill the vacancy.
Removal from
gEC 2477-m40. The governor shall remove from office the commis0 ce‘
sioner on the grounds of inefficiency, neglect of duty, or malfeasance in
office, upon written charges having been filed with the executive coun
cil and sustained by proofs; but written notice of such charges, to
gether with a copy thereof, shall be served upon the accused ten (10) days
before the time fixed for hearing. The executive council shall have
jurisdiction to hear the case, and shall make such finding in accordance
with justice and the law. The finding shall be reduced to writing, and
report and finding filed with the governor.
Part

III.

S e c t io n 2477-m41 (as amended by ch. 270, acts of 1917).
Every
employer, subject to the provisions of this act shall insure his liability
thereunder in some corporation, association, or organization approved
by the State department of insurance. Every such employer shall
within thirty days after this act goes into effect exhibit on demand of
the State insurance department evidence of his compliance with this
section; and if such employer refuses or neglects to comply with this
section, he shall be liable in case of injury to any workman in his em
ploy under the common law as modified by statute, and in the same
manner and to the same extent as though such employer had legally
exercised his right to reject the compensation provisions of chapter
eight (8)-A, title X II, supplement to the code, 1913.
Any employer who fails to insure his liability as required herein shall
post and keep posted a sign of sufficient size and so placed as to be easily
seen by his employees in the immediate vicinity where working, which
sign shall read as follows:

Insurance.

NOTICE TO EM PLOYEES.

Notice of
insurance.

non-

You are hereby notified that the undersigned employer has failed
liability to pay compensation as required by law, and that
because of such failure he is liable to his employees in damages for per
sonal injuries sustained by his employees in the same manner and to
the same extent as though he had legally exercised his right to reject
the compensation provisions of chapter eight-a (8-A), title XII, supple
ment to the code, 1913.
( S i g n e d ) ------------------- .
Any employer coming under the provisions of this act who fails to
comply with this section or to post and keep posted the above notice
in the manner and form herein required shall be guilty of a misde
meanor.
Mutual
com- S e c . 2477-m42. For the purpose of complying with the foregoing
panies.
section, groups of employers by themselves or in an association with
any or all of their workmen, may form insurance associations as hereafter
provided, subject to such reasonable conditions and restrictions as may
be fixed by the State insurance department and membership in such
mutual insurance organization as approved, together with evidence of
the payment of premiums due, shall be evidence of compliance with the
preceding section.
Approved
gEc. 2477-m43. Subject to the approval of the Iowa industrial comschemes.*
missioner, any employer or group of employers may enter into or con-

.£0 i nsure

TEXT OF LAWS----IOWA.

485

tinue an agreement with his or their workmen to provide a scheme of
compensation, benefit or insurance in lieu of the compensation and
insurance provided by this act; but such scheme shall in no instance
provide less than the benefits here secured, nor vary the period of
compensation provided for disability or for death, or the provisions of
this act with respect to periodic payments, or the percentage that such
payments shall bear to weekly wages, except that the sums required
may be increased: Provided, further, That the approval of the Iowa
industrial commissioner shall be granted, if the scheme provides for
contribution by workmen, only when it confers benefits in addition to
those required by this act commensurate with such contributions.
S e c . 2477-m44. Whenever such scheme or plan is approved by the
Certificates.
Iowa industrial commissioner, he shall issue a certificate to that effect,
whereupon it shall be legal for such employer, or group of employers,
to contract with any or all of his or their workmen to substitute such
scheme or plan for the provisions of this act during a period of time
fixed by said department.
S e c . 2477-m45. Such scheme or plan may be terminated by the
Termination.
Iowa industrial commissioner on reasonable notice to the interested
parties if it shall appear that the same is not fairly administered, or if
its operation shall disclose latent defects threatening its solvency, or
if for any substantial reason it fails to accomplish the purpose of this
act, but from any such order of said Iowa industrial commissioner the
parties affected, whether employer or workmen, may, upon the giving
of proper bond to protect the interests involved, appeal for equitable
relief to the district court of this State.
Sec. 2477-m46. No insurer of any obligation under this act shall Commission-for
either by himself or through another, either directly or indirectly, remsunngcharge or accept as a commission or compensation for placing or renew
ing any insurance under this act more than fifteen per cent of the pre
mium charged.
Sec. 2477-m47. Every policy issued by any insurance corporation, Provisions 01
association or organization to assure the payment of compensation p ies%
under this act shall contain a clause providing that between any em
ployer and the insurer, notice to and knowledge of the occurrence of
injury or death on the part of the insured shall be notice and knowledge
on the part of the insurer; and jurisdiction of the insured for the pur
pose of this act shall be ju risd ictio n of the insurer an d the in surer shall
be bound by every agreement, adjudgment, award or judgment ren
dered against the insured.
S e c . 2477-m48. No policy of insurance issued under this act shall Insolvency of
contain any provision relieving the insurer from payment if the insured emp yer*
becomes insolvent or discharged in bankruptcy during the period that
the policy is in operation, or the compensation, or any part of it, is due
and unpaid. Every policy shall provide that the workman shall have a
first lien upon any amount becoming due on account of such policy to
the insured from the insurer, and that in case of the legal incapacity,
inability or disability of the insured to receive the amount due and
pay it over to the insured workman, or his dependents, said insurer shall
pay the same directly to such workman, his agent, or to a trustee for him
or his dependents, to the extent of discharging any obligation of the
injured to said workman or his dependents.
S e c . 2477-m49. When an employer coming under this act furnishes Insurance not
proofs to the insurance department satisfactory to the insurance dewhen,
partment and Iowa industrial commissioner, of such employer’s sol
vency and financial ability to pay the compensation and benefits as by
this act provided and to make such payments to the parties when en
titled thereto, or when such employer deposits to such insurance de>artment security satisfactory to such insurance department and the
owa industrial commissioner as will secure the payment of such com
pensation, such employer shall be relieved of the provision of section
forty-two of this act: Provided, That such employer shall from time to
time, as may be required by such insurance department and Iowa
industrial commissioner, furnish such additional proof of solvency and
financial ability to pay as by this section of this act provided.
The insurance department and Iowa industrial commissioner may,
at any time, upon reasonable notice to such employer and upon hearing

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revoke for cause any order or approval theretofore made, as by this act
provided and within the contemplation of this section.
ACTS OF 1917.
Ch a p t e r

Payment
claims.

Mode.

Approval
required.

67.— Compensation payments to State employees.

S e c t i o n 1. All valid claims now due or which may hereafter become
due employees of the State of Iowa under the provisions of [the Iowa
workmen’s-compensation statute], chapter 8-A, Title X II, Supplement
to the Code, 1913, shall be paid out of any funds in the State treasury
not otherwise appropriated.
S e c . 2 . The auditor of State is hereby authorized and directed to
draw warrants on the State treasury for any and all amounts due such
employees under the Iowa workmen’s compensation act, upon there
being filed in his office, either a memorandum of settlement approved
by the commissioner, or of an award made by an arbitration committee,
for which no review is pending, or an order of the industrial commis
sioner from which no appeal has been taken, or a judgment of any
court of the State, accompanied by a certificate of the Iowa industrial
commissioner setting forth the amount of compensation due and the
statutory provisions under which the same should be paid,
not
S e c . 3. The provisions found in section one hundred seventy-s
(170-s), Supplemental Supplement to the Code, 1915 [requiring ap
proval of warrants by the State board of audit], shall not apply to the
compensation claims referred to herein.
Approved March 23, 1917.
o f

KANSAS.
GENERAL STATUTES—1915.
Compensation of workmen for injuries.
S e c t i o n 5896 (as amended by chapter 226, acts of 1917).
If in Compensation
any employment to which this act applies, personal injury by acci- payable, when,
dent arising out of and in the course of employment is caused to a
workman, his employer shall, subject as hereinafter mentioned, be
liable to pay compensation to the workman in accordance with this
act. Save as herein provided no such employer shall be liable for
any injury for which compensation is recoverable under this act:
Provided, That (a) the employer shall not be liable under this act in
respect of any injury which does not disable the workman for a period
of at least one week from earning full wages at the work at which he is
employed; (b) if it is proved that the injury to the workman results
from his deliberate intention to cause such injury, or from his willful
failure to use a guard or protection against accident required pursuant
to any statute and provided for him, or a reasonable and proper guard
and protection voluntarily furnished him by said employer, or solely
from his deliberate breach of statutory regulations affecting safety of
life or limb, or from his intoxication, any compensation in respect to
that injury shall be disallowed.
S e c . 5897. Nothing in this act shall affect the liability of the emF in e s, etc.
ployer or employee to a fine or penalty under any other statute.
Sec. 5898. (a) Where any person (in this section referred to as Contractors,
principal) undertakes to execute any work which is a part of his trade
or business or which he has contracted to perform and contracts with
any other person (in this section referred to as the contractor) for the
execution by or under the contractor of the whole or any part of the
work undertaken by the principal, the principal shall be liable to pay
to any workman employed in the execution of the work any compensa
tion under this act which he would have been liable to pay if that work
man had been immediately employed by him; and where compensa
tion is claimed from or proceedings are taken against the principal,
then, in the application of this act, references to the principal shall be
substituted for references to the employer, except the amount of com
pensation shall be calculated with reference to the earnings of the
workman under the employer by whom he is immediately employed.
(b) Where the principal is liable to pay compensation under this
section, he shall be entitled to indemnity from any person who would
have been liable to pay compensation to the workman independently of
this section, and shall have a cause of action therefor, (c) Nothing
in this section shall be construed as preventing a workman from re
covering compensation under this act from the contractor instead of
the principal, (d) This section shall not apply to any case where the
accident occurred elsewhere than on or in, or about the premises on
which the principal has undertaken to execute work or which are
otherwise under his control or mangement, or on, in, or about the
execution of such work under his control or management, (e) A prin
cipal contractor, when sued by a workman of a subcontractor, shall
have the right to implead the subcontractor, (f) The principal con
tractor who pays compensation voluntarily to a workman of a sub
contractor shall have the right to recover over against the subcon
tractor.
Sec. 5899. Where the injury for which compensation is payable injuries
by
under this act was caused under circumstances creating a legal third parties,
liability against some person other than the employer to pay dam
ages in respect thereof: (a) The workman may take proceedings

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against that person to recover damages and against any person liable
to pay compensation under this act for such compensation, but shall
not be entitled to recover both damages and compensation; and (b)
if the workman has recovered compensation under this act, the person
by whom the compensation was paid, or any person who has been
called on to indemnify him under the section of this act relating to
subcontracting, shall be entitled to indemnity from the person so
liable to pay damages as aforesaid, and shall be subrogated to the rights
of the workman to recover damages therefor.
Scope of law.
S e c . 5900 (as amended by chapter 226, acts of 1917). This act shall
apply only to employment in the course of the employer’s trade or
business on, in or about a railway, factory, mine or quarry, electric,
building or engineering work, laundry, natural gas plant, county and
municipal work, and all employments wherein a process requiring
the use of any dangerous explosive or inflammable materials is carried
on, which is conducted for the purpose of business, trade or gain;
each of which employments is hereby determined to be especially
dangerous, in which from the nature, conditions or means of prosecu
tion of the work therein, extraordinary risk to the life and limb of the
workman engaged therein are inherent, necessary, or substantially
unavoidable, and as to each of which employments it is deemed
necessary to establish a new. system of compensation for injuries to
workmen. This act shall not apply in any case where the accident
occurred before this act takes effect, and all rights which have accured,
by reason of any such accident, at the time of the publication of this
act, shall be saved the remedies now existing therefor and the court
shall have the same power as to them as if this act had not been enacted.
Agricultural pursuits and employments incident thereto are hereby
E xem pt
em- declared to be nonhazardous and exempt from the provisions of this
ployments.
act: Provided, That employers whose work, trade or business is not
such as described and included in this section of this act, and em
ployers commencing or renewing in this State any work, trade or
business, may elect to come within the provisions of this act by filling
with the secretary of state a written statement of election to accept
thereunder, and such election shall be effective when so filed, and
such election shall continue in effect unless and until such employer
thereafter desiring to change his election shall do so by filing a written
declaration thereof with the secretary of state, and the employee of
any such employer so filing such election shall be included herein
unless such employee elects not to come within this act as provided by
section * * * [5939], and if the employee of such employer
elects not to come within the provisions of this act, as herein provided,
such election shall continue in effect unless and until such employee
thereafter desiring to change his election shall do so by filing a
written declaration thereof with the secretary of state.
Interstate comS e c . 5901. This act shall not be construed to apply to business or
merce.
employments which, according to law, are so engaged in interstate
commerce as to be not subject to the legislative power of the State,
nor to persons injured while they are so engaged.
Small em ployS e c . 5902. It is hereby determined that the necessity for this law and
ers.
the reason for its enactment, exist only with regard to employers who
employ a considerable number of persons. This act, therefore, shall
only apply to employers by whom five or more workmen have been
(employed) continuously for more than one month at the time of the
accident: Provided, however, That employers having less than five
workmen may elect to come within the provisions of this act in which
case his employees shall be included herein, as hereinafter provided:
And, provided further, That this act shall apply to mines without re
gard to the number of workmen employed.
Definitions.
S e c . 5903 (as amended by chapter .226, acts of 1917).
In this act,
unless the context otherwise requires: (a) “ Railway” includes
street railways and interurbans; and “ employment on railways” in
cludes work in depots, power houses, roundhouses, machine shops,
yards, and upon the right of way, and in the operation of its engines,
cars and trains, and to employees of express companies while running
on railroad trains, except as provided in section 5901 of General S ta t
u tes of 1915.
(b) “ Factory” means any premises wherein power is

TEXT OF LAWS----KANSAS.
used in manufacturing, making, altering, adapting, ornamenting, fin
ishing, repairing or renovating any article or articles for the purpose
of trade or gain or of the business carried on therein, including ex
pressly any brickyard, meat-packing house, foundry, smelter, oil
refinery, lime-burning plant, steam heating plant, electric lighting
plant, electric power plant, and water power plant, grain elevator,
powder plant, blast furnace, paper mill, printing plant, flour mill,
glass factory, beet sugar factory, cement plant, artificial gas plant,
machine or repair shop, salt plant, and chemical manufacturing plant. *
(c) “ Mine” means any opening in the earth for the purpose of extract
ing any minerals and all underground workings, slopes, shafts, galleries
and tunnels, and other ways, cuts and openings connected therewith,
including those in the course of being opened, sunk or driven; and
includes all the appurtenant structures at or about the openings of the
mine, and any adjoining adjacent work place where the material from
a mine is prepared for use or shipment, (d) “ Quarry” means any
place, not a mine, where stone, slate, clay, sand, gravel, or other solid
material is dug or otherwise extracted from the earth for the purpose
of trade or bargain or of employer’s trade or business, (e) “ Electrical
work” means any kind of work in or directly connected with the con
struction, installation, operation, alteration, removal, or repair of
wires, cables, switchboards or apparatus used for the transmission of
electrical current, or operation of telegraph or telephone lines, (f)
“ Building work” means any work in the erection, construction, ex
tension, decoration, alteration, repair or demolition of any building or
structural appurtenances, (g) “ Engineering work” means any work
in the construction, alteration, extension, repair or demolition of a
railway (as hereinbefore defined), bridge, jetty, dike, dam, reservoir,
underground conduit, pole lines constructed or used for carrying con
ductors, sewer, oil or gas well, oil tank, gas tank, water tower, or water
works (including stand pipes or mains), any caisson work or work in
artificially compressed air, any work in dredging, pile driving, moving
buildings, moving safes, construction and repairing of streets, roads
and highways, or in laying, repairing or removing underground pipes
and connections; the erection, installing, repairing, or removing of
boilers, furnaces, engines and power machinery (including belting and
other connections), and any work in grading or excavating where
shoring is necessary or power machinery or blasting powder, dynamite
or other high explosives are in use (excluding mining and quarrying).
(h) “ Employer” includes any person or body of persons, corporate or
unincorporate, and the legal representatives of a deceased employer or
the receiver or trustee of a person, corporation, association or partner
ship; and when any mine, quarry, factory, or other place, covered by
the provisions of this act in which work is being or to be performed, ia
leased or let to any lessee or lessees under any form of contract or agree
ment other than on a royalty basis, then and in all such cases the
lessee or lessees and the lessor or lessors shall be deemed to be operating
said mine, quarry, factory or other place described above as employers
jointly, (i) “ Workman” means any person Who has entered into the
employment of or works under contract of service or apprenticeship
with an employer, but does not include a person who is employed
otherwise than for the purpose of the employer’s trade or business.
Any reference to a workman who has been injured shall, where the
workman is dead, include a reference to his dependents, as hereinafter
defined, or to his legal representatives, or where he is a minor or in
competent, to his guardian, (j) “ Dependents ” means such members of
the workman’s family as were wholly or in part dependent upon the
workman at the time of the accident. “ Members of a family,’ 9 for
the purpose of this act means only widow or husband, as the case may
be, and children; or if no widow, husband or children, then parents
or grandparents; or if no parents or grandparents, then grandchildren;
or if no grandchildren, then brothers and sisters. In the meaning of
this section parents include stepparents, children include stepchil
dren, and grandchildren include step-grandchildren, and brothers
and sisters include stepbrothers and stepsisters, and children and
parents include that relation by legal adoption. In the meaning of this
section a widow shall not be regarded as a dependent of a deceased

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workman nor as a member of his family, if she shall have for more than
six months willfully or voluntarily deserted or abandoned him prior
to the date of his death; and a husband, whether he be capable of
wage earning or not, shall not, within the meaning of this section, be
regarded as a dependent of his deceased wife, nor as a member of her
family, if he shall have for more than six months willfully or volun
tarily deserted or abandoned her prior to the time of her death, (k)
The words “ arising out of and in the course of employment” as used
*in this act shall not be construed to include injuries to the employee
occurring while he is on his way to assume the duties of his employ
ment or after leaving suofo duties, the approximate cause of which
injury is not the employer’s negligence.
I n c o mp e t e n t
SEC. 5904. In case an injured workman is mentally incompetent
persons.
or a minor> or where death results from the injury, in case any of hia
dependents as herein defined is mentally incompetent or a minor, at
the time when any right, privilege or election accrues to him under
this act, his guardian may, in his behalf, claim and exercise such
right, privilege, or election, and no limitation of time, in this act pro
vided for, shall run, so long as such incompetent or minor has no
guardian.
Medical,
etc.,
S e c . 5905 (as amended by chapter 226, acts of 1917).
The amount of
treatment.
compensation under this act shall be: 1. On demand, the employer
shall pay the cost, not exceeding $150, of a physician and all such
medical, surgical and hospital treatment, including nursing, medi
cines, medical and surgical supplies, crutches and apparatus as may
be reasonably necessary for a period of not longer than 50 days, to cure
and relieve from the effects of the injury, and in case of the refusal
or neglect of the employer to reasonably do so, the employer shall be
liable for the reasonable expenses incurred by or on behalf of the em
ployee in providing the same within the limits as to time and amount
hereinbefore expressed: Provided, That no employer shall be liable
for any medical, surgical, and hospital treatment, including nursing,
medicines, medical and surgical supplies, crutches and apparatus,
nor for any physician’s or surgeon’s fees in excess of the amount here
too m pensation inbef ore set forth. 2. (a) If a workman leaves any dependents
for death.
wholly dependent upon his earnings, a sum equal to three times his
average yearly earnings, computed as provided in section * * *
[5906], but not exceeding thirty-eight hundred dollars ($3800) and
not less than fourteen hundred dollars ($1400): Provided, That any
payment under this act on account of any injury from which death
shall thereafter result, except such payments as may be made under
paragraph 1 of this section, shall be deducted from such sum: And
provided, however, That if the workman does not leave any dependents
citizens of and residing at the time of the accident and injury in the
United States or the Dominion of Canada, the amount of compensation
shall not exceed in any case the sum of seven hundred fifty dollars
($750). (b) If a workman does not leave any such dependents, but
leaves dependents in part dependent on his earnings, such proportion
of the amount payable under the provisions of paragraph 2 (a) of this
section as may be agreed upon or determined to be proportionate to
the degree of dependency of the said dependents, (c) If a workman
does not leave any dependents, the reasonable expense of his burial,
not exceeding one hundred and fifty dollars ($150). (d) Marriage oi
any dependent shall terminate all compensation of such dependent,
but shall not affect the compensation allowed other dependents.
When any minor dependent, not physically or mentally incapable of
wage earning, shall become eighteen (18) years of age, such compen
Permanent to- sation shall cease.
3. (a) Where total permanent disability resulttal disability.
from the injury, no compensation shall be paid during the first week
of disability, except that provided in paragraph 1 of this section, but
after the expiration of said first Week, payment shall be made as pro
vided in section 5907 of the General Statutes of 1915 during such per
manent total disability of a sum equal to sixty per cent (60%) of the
average weekly earnings of the injured workman, computed as pro
vided in section * * * [5906], but in no case less than $6 per (
week nor more than $15 per week. The payment of compensation for
total permanent disability shall not extend over a period exceeding

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LAWS----KANSAS.

491

eight years from the date of injury. Loss of both eyes, both hands,
both arms, both feet or both legs shall, in the absence of proof to the
contrary, constitute total permanent disability. Substantially total
paralysis, or incurable imbecility or insanity, resulting from an injury
independent of all other causes, shall constitute total permanent dis
ability. In all other cases total permanent disability shall be deter
mined in accordance with the facts, (b) Where temporary total dis- Temporary toability results from the injury no compensation shall be paid during tal disability,
the first week of disability, except that provided in paragraph 1 of
this section, but after the expiration of said first week payment shall
be made in accordance with the provisions of section 5907 of the Gen
eral Statutes of 1915, during such temporary total disability, of a sum
equal to sixty per cent of the average weekly earnings of the injured
workman, computed as provided in section * * * [5906], but in
no case less than $6 per week nor more than $15 per week: Provided,
that if such temporary total disability is followed by a permanent par
tial disability resulting from the injury, payment for such permanent
partial disability shall be made as provided in clause (c) of this para
graph of this section, (c) Where disability, partial in character but .
permanent in quality, results from the injury, the injured workman
disability,
shall be entitled to the compensation provided in paragraph 1 of this
section, but shall not be entitled to any other or further compensation
for or during the first week following the injury. Thereafter, com
pensation in a lump sum shall be paid as provided in the following
schedule, the average weekly wages to be computed as provided in
section * * * [5906], and the compensation to be in no case
less than $6 per week nor more than $12 per week.
(1) For the loss of a thumb, 50 per cent of the average weekly wages Schedule,
during 60 weeks.
(2) For the loss of a first finger, commonly called the index finger,
50 per cent of the average weekly wages during 37 weeks.
(3) For the loss of a second finger, 50 per cent of the average weekly
wages during 30 weeks.
(4) For the loss of a third finger, 50 per cent of the average weekly
wages during 20 weeks.
(5) For the loss of a fourth finger, commonly called the little finger,
50 per cent of the average weekly wages during 15 weeks.
(6) The loss of the first phalange of the thumb or of any finger shall
be considered to be equal to the loss of one-half of such thumb or finger,
and the compensation shall be one-half of the amounts specified above.
The loss of the first phalange and any part of the second phalange of
any finger, which includes the loss of any part of the bone of such
second phalange, shall be considered to be equal to the loss of twothirds of such finger, and the compensation shall be two-thirds of the
amount specified above. The loss of the first phalange and any part
of the second phalange of the thumb, which includes the loss of any part
of the bone of such second phalange, shall be considered to be equal
to the loss of the entire thumb. The loss of the first and second phal
anges and any part of the third proximal phalanges of any finger,
which includes loss of any part of the bone of the third or proximal
phalange, shall be considered as the loss of the entire finger.
(7) For the loss of a great toe, 50 per cent of the average weekly
wages during 30 weeks.
(8) For the loss of any other toe than the great toe, 50 per cent of the
average weekly wages during 10 weeks.
(9) The loss of the first phalange of any toe shall be considered to be
equal to the loss of one-half of such toe, and the compensation shall be
one-half of the amounts above specified.
(10) The loss of more than one phalange of a toe shall be considered
to be equal to the loss of the entire toe.
(11) For the loss of a hand, 50 per cent of the average weekly wages
during 150 weeks.
(12) For the loss of an arm, 50 per cent of the average weekly wages
during 210 weeks.
(13) For the loss of a foot, 50 per cent of the average weekly wages
during 125 weeks.

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(14) For the loss of a leg, 50 per cent of the average weekly wages
during 200 weeks.
(15) For the loss of an eye, or the complete loss of the sight thereof, 50
per cent of the average weekly wages during 110 weeks.
(16) Amputation or severance between elbow and wrist shall be
considered as the loss of a hand. Amputation at or above the elbow
shall be considered as the loss of ail arm. Amputation between knee
and ankle shall be considered as the loss of a foot. Amputation at or
above the knee shall be considered as the loss of a leg.
(17) For the complete loss of hearing of both ears. 50 per cent of the
average weekly wages during 100 weeks.
(18) For the complete loss of hearing of one ear, 50 per cent of the
average weekly wages during 25 weeks.
In ju rie s not
( 19) Should the employer and employee be unable to agree upon the
covere .
amount of compensation to be paid in any case of injury not covered
by the schedule, the amount of compensation shall be settled according
to the provisions of this act as in other cases of disagreement: Provided,
however, In case of partial disability not covered by schedule the work
man shall receive during such period of partial disability not exceeding
eight ( 8) years, 60 per cent of the difference between the amount he
was earning prior to said injury as in this act provided and the amount
he is able to earn after such injury.
Death
(20) If a workman has received an injury for which compensation is
sation° compe * being paid him, and his death is caused by other and independent
causes, any payments of compensation already due him at the time of
his death and then unpaid, shall be paid to his dependents direct, or
to his legal representatives if he left no dependents, but the liability
of the employer for payments of compensation not yet due and payable
at the time of the death of such workman shall cease and be abrogated
by his death.
Second injuries.
^1) If a workman has suffered a previous disability and receives a
later injury, the effects of which together with the previous disability
shall result in total permanent disability, then and in that event the
compensation due said workman shall be the difference between the
amount provided in the schedule of this section for his prior injury and
the total sum which would be due said employee for such total disa
bility computed as provided in section * * * [5906], but in no case
less than $6 per week nor more than $15 per week.
Loss of use.
(22) Permanent loss of the use of a hand, arm, foot, leg, or eye, as a
direct result of an injury, shall be considered as the equivalent of the
loss of such hand, arm, foot, leg or eye.
Schedule ben
(23) The compensation for the foregoing specific injuries shall be in
efits exclusive.
lieu of all other compensation, except the benefits provided in paraMmors.
graph 1 of this section. Where the said minor or his dependents are
entitled to compensation under the provisions of this act, such compen
sation shall be exclusive of all other remedies or causes of action for such
injury or death, and no claim or cause of action shall inure or accrue to, or
exist in favor of the parent or parents of such minor employee on account
of any damage resulting to such parent or parents on account of the loss
of earnings or loss of service of such minor employee resulting from or
growing out of the injury to or death of such minor employee. In any
Females.
case of injury to or death of a female employee, where the said female
employee or her dependents are entitled to compensation under the
provisions of this act, such compensation shall be exclusive of all other
remedies or causes of action for such injury or death, and no claim of
action shall inure or accrue to or exist in favor of the surviving husband
or any relative or next of kin of such female employee on account of
any damage resulting to such surviving husband or any relative or
next of kin on account of the loss of earnings, services or society of
such female employee or on any other account resulting from or grow
ing out of the injury or death of such female employee.
iSdnihnw
^E0, ^906 (as amended by chapter 226, acts of 1917). The average
puted,
how. COrn’
nw
annual earnings of a workman shall, for the purpose of the provisions
of this act, be computed as follows: (a) Where the workman has been
continuously employed by the same employer for one year or longer,
the actual amount of money paid by the employer to the employee as
wages or remuneration for his services during the year immediately

493

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preceding the injury, undiminished by loss due to absence from work on
account of illness or other unavoidable cause. (b) Where the workman
has been employed less than one year by the employer in whose employ
he received the injury, 52 times the average weekly amount which,
during the twelve months immediately preceding the accident, was
being earned by a person in the same grade employed at the same work
by the same employer, undiminished by loss due to absence from work
on account of illness or other unavoidable cause; and if there is no person
in the same grade employed at the same work by the same employer,
then 52 times the average weekly earnings of a person in the same grade
employed by the same or other employer in the same district at the
same or similar work- or employment, (c) Where the workman had
entered into concurrent contracts of service with two or more employers
under which he worked at one time for one such employer and at
another time for another such employer, his average annual earnings
shall be computed as if his earnings under all such contracts were
earnings in the employment of the employer for whom he was working
at the time of the injury, (d) Where the employer has been accus
tomed to pay to the workman a sum to cover any special expenses
entailed upon him by the nature of his employment, the sums so paid
shall not be reckoned as part of the earnings of the workman; nor shall
tips or gratuities received from the employer or other persons be con
sidered or included as part of the workman’s earnings, but reasonable
value of board, rent, housing, lodging, fuel or other similar advantages
received from the employer as a part of remuneration of the employee
and the value of which can be estimated in money, shall be considered
and included as a part of the workman’s earnings, (e) If arbitration
or litigation is necessary to establish the amount of compensation,
credit shall be given to the employer by the arbitrator, arbitration com
mittee or court for any amounts paid under this act prior to the date of
the award or prior to the trial and judgment.
2 . The average weekly wages of a workman shall be one fifty-second
part of his average annual earnings computed as provided by para
graph 1 of this section.
3. In computing average earnings of a workman under the preceding
paragraphs of this section regard shall be had to the earnings for what
is commonly regarded as a day’s work or a week’s work for the employ
ment on which the average earnings are calculated.
4. If a workman has suffered a previous disability and receives a later
injury, his average earnings used as a basis for the compensation for such
later injury shall be such amount as will reasonably represent his
earning capacity at the time of the later injury in the employment at
which he was working at such time.
S e c . 5907. The payments shall be made at the same time, place and
in the same manner as the wages of the workman were payable at the
time of the accident, but a judge of any district court having jurisdic
tion upon the application of either party may modify such regulation
in a particular case as to him may seem just.
S e c . 5908. Where death results from the injury and the dependents
of the deceased workman, as herein defined, have agreed to accept
compensation, and the amount of such compensation and the appor
tionment thereof between them has been agreed to or otherwise deter
mined, the employer may pay such compensation to them accordingly
(or to an administrator if one be appointed) and thereupon be discharged
from all further liability for the injury. Where only the apportionment
of the agreed compensation between the dependents is not agreed to,
the employer may pay the amount into any district having jurisdiction,
or to the administrator of the deceased workman, with the same effect.
Where the compensation has been so paid into court or to an administra
tor, the proper court, upon the petition of such administrator or any of
such dependents, and upon such notice and proof as it may order shall
determine the distribution thereof among such dependents. Where
there are no dependents, medical and funeral expenses may be paid
and distributed in like manner.
S e c . 5909 (as amended by chapter 226, acts of 1917). No claim for
compensation, or compensation agreed upon, awarded, adjudged, or
paid, shall be assignable or subject to levy, execution, attachment,

Payments,

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Payments

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garnishment, or any other remedy or procedure for the recovery or
collection of a debt, and this exemption can not be waived.
S e c . 5910. [Repealed by chapter 226, acts of 1917.]
Medical exami>
S e c . 5911 (as amended by chapter 226, acts of 1917). (a) After an
nations.
injury to an employee, he shall, upon request of the employer, submit
himself for examination at some reasonable time and place, to a repu
table physician or surgeon selected by the employer, and shall so sub
mit himself for examination thereafter at intervals during the pendency
of his claim for compensation and during the receipt by him of pay
ments under this act, upon request of the employer, but he shall not be
required to submit himself for examination oftener than once in four
weeks unless in accordance with such orders as may be made by the
judge of the district court wherein proceedings may be had for the
determination or collection oi his compensation. Either party may
upon demand require a report of any examination made by the physi
cian or surgeon selected by the other party, upon payment of a fee of $1
therefor, but the employee shall not be liable for any fees or charge of
any physician or surgeon selected by the employer for making any
examination of the employee, (b) If the employee requests he shall
be entitled to have a puysician or surgeon of his own selection present
at the time to participate in such examination, (c) Unless there be a
reasonable opportunity thereafter for such physician selected by the
• employee to participate in the examination in the presence of the
physician selected by the employer, the physician selected by the
employer shall not be permitted afterwards to give evidence of the con
dition of the employee in a dispute as to the injury, (d) Except
as provided herein, there shall be no other disqualification or privilege
preventing the testimony of a physician who actually makes an exam
ination.
Special exami- S e c . 5912. In case of a dispute as to the injury, the committee,
nations.
or arbitrator as hereinafter provided, or the judge of the district court
shall have the power to employ a neutral physician of good standing
and ability, whose duty it shall be, at the expense of the parties to
make an examination of the injured person, as the court may direct,
on the petition of either or both the employer and employee or depend
ents.
Evidence not
S e c . 5913 (as amended by chapter 226, acts of 1917). If the employer
admitted, when. or
employee has a physician or surgeon make such examination
and no reasonable opportunity is given to the other party to have his
physician or surgeon make examination, then, in case of a dispute as
to the injury, the physician of the party making such examination
shall not give evidence before the court in any action for compensation.
Refusing medi- S e c . 5914 (as amended by chapter 226, acts of 1917). If the employee
eal examination, refuses to submit himself for examination upon request of the employer
as provided for in section * * * [5911], or if the employee or his
physician or surgeon unnecessarily obstructs or prevents such exami
nation by the physician or surgeon of the employer, the employee’s
right to payment of compensation shall be and remain suspended until
he shall submit to examination and until such examination shall have
taken place, and no compensation shall be payable under this act
during the period of suspension.
Sec. 5915 (as amended by chapter 226, acts of 1917). No report of
Certificates not
evidence, when. any examination of any employee by a physician or surgeon, as herein
before in this act provided for, nor any certificate issued or given by
the physician or surgeon making such examination, shall be competent
evidence in any court proceeding for the determining or collection of
compensation unless supported by the testimony of such physician or
surgeon, if his testimony is admissible, nor competent evidence in any
case where the testimony of such physician or surgeon is not admissible.
Not ic e and
S e c . 5916. Proceedings for the recovery of compensation under this
claim.
act shall not be maintainable unless written notice of the accident,
stating the time, place and particulars thereof, and the name and
address of the person injured, has been given within ten days after the
accident, and unless a claim for compensation has been made within
three months after the accident or in case of death, within six months
from the date thereof. Such notice shall be delivered by registered
mail, or by delivery to the employer. The want of, or any defect in

TEXT OF LAW S---- KANSAS.

495

such notice, or in its service, shall not be a bar unless the employer
proves that he has, in fact, been thereby prejudiced, or if such want
or defect was occasioned by mistake, physical or mental incapacity or
other reasonable cause, and the failure to make a claim within the
period above specified shall be a bar: Pro vided, however, That in case of
incapacity of an injured employee the limitation herein shall not run
during such incapacity.
Sec. 5917 (as amended by chapter 226, acts of 1917). Compensation Agreements.
due under this act may be settled by agreement.
Arbitration.
S e c . 5918 (as amended by chapter 226, acts of 1917). If compensation
be not so settled by agreement: (a) If any committee representative
of the employer and the workman exists, organized for the purpose of
settling disputes under this act, said committee shall have the power
to adopt rules governing its procedure and action, and the matter shall
unless either party objects by notice in writing delivered or sent by
registered mail to the other party before the committee meets to con
sider the matter, be settled in accordance with said rules by such
committee or by an arbitrator selected by it. (b) If either party
objects or there is no such committee, or the committee or the arbitrator
to whom it refers the matter fails to settle it within sixty days from the
date of the claim, the matter shall be settled by a single arbitrator
agreed on by the parties, or appointed by any judge of a court where
an action might be maintained upon the written application of either
party to said court. The consent to arbitration shall be in writing and
signed by the parties, and may limit the fees of the arbitrator and the
time within which the award must be made, and unless such consent
or order of appointment expressly refers other questions, only the ques
tion of the amount of compensation shall be deemed to be in issue, but
either party shall have the right to require that the arbitrator shall also
find the character and quality of the disability and the period for which
payments of compensation shall continue in accordance with the pro
visions of this act.
Sec. 5919 (as amended by chapter 226, acts of 1917). The committee Procedure
or arbitrator shall not be bound by technical rules of procedure or
evidence but shall give the parties reasonable opportunitity to be heard
and to present evidence, and shall act reasonably and without partiality
and shall make and file an award, with the consent to arbitration or the
order of the court appointing the arbitrator attached, in the office of the
clerk of the proper district court within sixty days after the committee
meets to consider the claim or after the selection of the arbitrator, and
shall give notice of such filing to the parties by mail. The parties may
agree in writing to extend the time for filing the award, and if so, the
award shall be filed within such extended time as is so agreed upon. If
any committee or arbitrator to whom a claim for compensation shall
have been submitted shall fail or neglect to file its or his award within
the time fixed by this section, the court shall, upon the application of
either party, order such committee or arbitrator to file such award
within such time as the court shall by such order fix, which time shall
in no case be greater than ten days from the date of such order.
Fees.
S e c . 5920. The arbitrator’s fees shall be fixed by the consent to
arbitration or be agreed to by the parties before the arbitration and if
not so fixed or agreed to, they shall not exceed ten dollars per day, for
not to exceed ten days, and disbursements for expense. The arbitrator
shall tax or apportion the costs of such fees in his discretion and shall
add the amount taxed or apportioned against the employer to the first
payment made under the award, and he shall note the amount of his
fees on the award and shall have a lien therefor on the first payments
due under the award.
Sec. 5921 (as amended by chapter 226, acts of 1917). Every award Awards to be
of compensation made by any committee representing the employer in writing.
and workman, or by any arbitrator selected by such committee, or by
any arbitrator selected by the employer and the employee, or appointed
by order of court, shall be in writing, signed and acknowledged by the
arbitrator or by the secretary of the committee hereinbefore referred
to, and shall specify the amount due and unpaid by the employer to the
workman up to the date of the award, and, if any, the amount of the
payments thereafter to be paid by the employer to the workman and

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the length of time such payment shall continue. No award shall be
or provide for payment of compensation in a lump sum, except as to
such portion of the compensation as shall be found to be due and unpaid
at the time of the award, and credit shall be given to the employer in
such award for any amount or amounts paid by him to the employee
as compensation prior to the date of the award.
Modification.
Sec. 5922 (as amended by chapter 226, acts of 1917). Any award of
compensation may be modified by subsequent written agreement of
the parties, but no such agreement modifying an award shall be valid
as against the workman unless such agreement or a verified copy
thereof be filed by the employer in the office of the clerk of the district
court in the county in which the accident occurred, within sixty days
after the execution of such agreement.
Final receipts. At the time of making any final payment of compensation, the em
ployer shall be entitled to a final receipt for compensation, executed
and acknowledged or verified by the workman, which final receipt may
be in form a release of liability under this act, and every such final
receipt for compensation or release of liability or a duly verified
copy thereof shall be filed by the employer in the office of the clerk
of the district court wherein the accident occurred, within sixty days
after the date of execution of such final receipt or release of liability,
and if the employer shall fail or neglect to so file such final receipt or
release of liability, same shall be void as against the workman. The
said clerk of the district court shall accept, receipt for, and file every
award, agreement modifying an award, final receipt for compensation
or release of liability or verified copy thereof, without fee, and record
and index same in a book kept for that purpose. All records and
books necessary for the clerk of the district court in order to carry out
all of the provisions of this law, shall be furnished to said clerk upon re
quest, by the board of county commissioners.
Review,etc.
S e c . 5923 (as amended by chapter 226, acts of 1917). At any time
before the final payment has been made under or pursuant to any
award or modification thereof agreed upon by the parties, it may be
reviewed by the judge of the district court having jurisdiction, upon
the application of either party, and in connection with such review
the court may appoint a physician or surgeon or two physicians or sur
geons to examine the workman and report to the court, and the court
shall hear all competent evidence offered, and if the court shall find
that the award has been obtained by fraud or undue influence or that
the committee or arbitrator making the award acted without authority
or was guilty of serious misconduct or that the award is grossly excessive
or grossly inadequate, or that the incapacity or disability of the workman
has increased or diminished, the court may modify such award, upon
such terms as may be just, by increasing or diminishing the compensa
tion, subject to the limitations hereinbefore provided in this act; and,
if the court shall find that the workman has returned to work for the
same employer in whose employ he was injured or for another em
ployer and is earning the same or higher wages than he did at the
time of the accident or injury, or is gaining an income from any trade
or employment which is equal to or greater than the wages he was
earning at the time of the accident of injury, or shall find that the work
man has absented himself and continues to absent himself so that a
reasonable examination can not be made of him by a physician or
surgeon selected by the employer, or has departed beyond the bounda
ries of the United States or Dominion of Canada, the court may cancel
the award and end the compensation: Provided, That the provisions of
this section shall not apply to awards of compensation provided for in
the schedule of specific injuries in section * * * [5905].
S e c . 5924. [Repealed by chapter 226, acts of 1917.]
Judgments for Sec. 5925 (as amended by chapter 226, acts of 1917). At any time
ump sum.
before final payment of compensation has been made under or pursuant
to any award, or agreement of the parties modifying same, the work
man may, upon notice to the eimployer, apply to the said district court
for judgment against the employer for a lump sum equal to 80 per cent
of the amount of payments due and unpaid and prospectively due
under said award; and unless the proceedings be stayed as hereinafter
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TEXT OF LAW S---- KANSAS.

497

as provided in section * * * [5923], or the liability thereunder re
deemed as provided in section * * * [5927], the court shall hear
all competent evidence offered, and if satisfied that the “workman’s
application for judgment is made because of doubt as to the security
of his compensation, shall ^compute the sum and enter judgment
accordingly, as if in an action: Provided, That if the employer shall
give a good and sufficient bond, approved by the court, no execution
shall issue on such judgment so long as the employer continues to
make payments in accordance with the original award undiminished
by the discount.
In any proceeding upon the application of a workman for a judgment stay,
against his employer upon an award, as provided in section * * *
[5925], and before judgment has been granted, the employer may stay
the proceedings upon such application by filing in the office of the
clerk of the district court wherein the proceedings are pending: (a) A
certificate of a licensed or authorized insurance company, or reciprocal
or interinsurer’s exchange or association that the amount of the compen
sation to the workman is insured by it ; or (b) a proper bond undertaking
to secure the payment of the compensation. Such certificate or bond
shall first be approved by the judge of the said district court.
S e c . 5926. [Repealed by chapter 226, acts of 1917.]
Sec. 5927 (as amended by chapter 226, acts of 1917). Where pay- Lump - s u m
ments under an award have been made for not less than six months, the ^months. & ^
liability under such award may be redeemed by the employer at his
option by the payment to the workman of a lump sum equal to 80 per
cent of the amount of payments due and unpaid and prospectively due
under the award, such amount to be determined by agreement, or, in
default thereof, upon application of either party, upon notice to the
other party by the judge of the district court having jurisdiction.
Upon paying such amount, the employer shall be discharged of and
from all further liability under said award.

Sec. 5928. Where the payment of compensation to the workman Insurer's rights
is insured, by a policy or policies, at the expense of the employer, the and duties,
insurer shall be subrogated to the rights and duties under this act of
the employer, so far as appropriate.
S e c . 5929. All references hereinbefore to a district court of the State Courts,
of Kansas having jurisdiction of a civil action between the parties
shall be construed as relating to the then existing code of civil proce
dure. Such court shall make all rules necessary and appropriate to
carry out the provisions of this act.
# S e c . 5930 (as amended by chapter 226, acts of 1917). A workman’s Legal enforceright to compensation under this act may, in default of agreement or if mentthe employer shall have refused to consent to an arbitration of the
workman’s claim for compensation, #be determined and enforced by
action in any court of competent jurisdiction, but no such action shall
be maintained until and unless the Workman shall have consented to
an arbitration or applied to the court as hereinbefore provided for an
arbitrator. In every such action the right to trial by jury shall be
deemed waived and the case tried by the court without a jury, unless
either party shall within ten days after issues are joined demand a jury
trial. The judgment in the action, if in favor of the plaintiff, shail be
for a lump sum equal to the amount of the payments then due under this
act, with interest on the payments overdue, or, in the discretion of the
trial judge, for periodical payments, as in an award: Provided, In
no case shall a lump-sum judgment be rendered for any injury not
ascertainable by objective examination, but in such cases the court
may order periodical payments during incapacity of such sums as may
be due under the provisions of section * * * [5906] and such
judgment may be reviewed at any time after the expiration of six
months upon the application of either party and the amount allowed
by the court reduced or raised in accordance with the evidence intro
duced at the time of such review. Where death results from injury,
the action shall be brought by the dependent or the dependents
entitled to the compensation or by the legal representative of the de
ceased for the benefit of the dependents as herein defined; and in such
action the judgment may provide for the proportion of the compensation
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to be distributed to or between the several dependents: otherwise
euch proportion shall be determined by the proper probate court.
An action to set aside a release or other discharge of liability on the
ground of fraud or mental incompetency may be joined with an action
for compensation under this act. No action or proceeding provided
for in this act shall be brought or maintained outside of the State of
Kansas, and notice thereof may be given by publication against non
residents of the State in the manner now provided by article 6 of
chapter 93, General Statutes of Kansas of 1915, so far as the same may
be applicable, and by service of a true copy of the first publication
within twenty-one days after the date of the said first publication unless
excused by the court upon proper showing that such sendee can not be
made.

Rights accrue, SEc. 5931 (as amended by chapter 226. acts of 1917). The cause of
w ien'
action shall be deemed in every case, including a case where death
results from the injury, to have accrued to the injured workman or his
dependents or legal representatives at the time of the accident; and the
time limit in which to commence an action for compensation therefor
shall run as against him, his legal representatives and dependents from
the date of the accident.
Attorneys, fees. Sec. 5932 (as amended by chapter 226. acts of 1917). No claim of any
attorney at law for services rendered in or about securing any compen
sation or agreement, award or judgment for compensation shall be an
enforceable lien thereon unless the services were rendered pursuant to
and under the terms of a written contract between such attorney at law
and the workman or the guardian of the workman, if the latter be a
minor or incompetent, nor unless such written contract be approved in
writing by the judge of the court where the action brought by the work
man be tried, or, if no trial is had, then by the judge of the district court
in the county where the workman resided at the time of the injury, to
which judge the matter may be regularly submitted on due notice to the
party or parties in interest of such submission.
Cer t i f i ed
Sec. 5933. If the superintendent of insurance by and with the advice
sciemes.
ancj wr[^en approval of the attorney general certifies that any scheme
of compensation, benefit or insurance for the workman of an employer
in any employment to which this act applies, whether or not such
scheme includes other employers and their workmen, provides scales of
compensation not less favorable to the workmen and their dependents
than the corresponding scales contained in this act, and that, where the
scheme provides for contributions by the workman, the scheme confers
benefits at least equivalent to those contributions, in addition to the
benefits to which the workmen would have been entitled under this act
or their equivalents, the employer may, while the certificate is in force,
contract with any of his workmen that the provisions of the scheme shall
be substituted for the provisions of this act; and thereupon the employee
shall be liable only in accordance with that scheme; but, save as afore
said, this act shall not apply notwithstanding any contract to the con
trary made after this act becomes a law.
Provisions to be s Ec. 5931. No scheme shall be so certified which does not contain
equ
suitable provisions for the equitable distribution of any moneys or
securities held for the purpose of the scheme, after due provision has
been made to discharge the liabilities already accrued, if and when such
certificate is revoked or the scheme otherwise terminated.
Certificate may
S e c . 5935. Tf at any time the scheme no longer fulfills the requiree revo e .
ments of this article, or is not fairly administered, or other valid and
substantial reasons therefor exist, the superintendent of insurance by
and with the attorney general shall revoke the certificate and the scheme
shall thereby be terminated.
Reports.
g Ec. 5936. Where a certified scheme is in effect the employer shall
answer all such inq uiries and furnish all such accounts in regard thereto
as may be required by the superintendent.
Rules.
gEo# 5937. The superintendent of insurance may make all rules and
regulations necessary to carry out the purposes of the four preceding
sections.
Election by emSEc. 5938 (as amended by chapter 226 acts of 1917). Every employer
poyers,
entitled to come within the provisions of this act. as defined and pro
vided by this act, shall be presumed to have done so, except such em-

T E X T

L A W S ----K A N S A S .

499

ployer privileged to elect to come within the provisions of this act, as
provided in section * * * 15900] and section 5902 of the General
Statutes of 1915, unless such employer shall file with the secretary ol
state at Topeka, Kansas, a written statement that he elects not to accept
thereunder, and thereafter any such employer desiring to change his
election shall only do so by filing a written declaration thereof with the
secretary of state. Notice of such election shall be forthwith posted by
such employer in conspicuous places in and about his place of business.
Sec. 5939 (as amended by chapter 226, acts of 1917). Every employee By employees,
entitled to come within the provisions of this act shall be presumed to
have done so unless such employee shall file with the secretary of state,
before injury, a written declaration that he elects not to accept there
under and at the same time file a duplicate of said election with his em
ployer, and thereafter any such employee desiring to change his election
shall only do so by filing a written declaration thereof with the secretary
of state, and a duplicate of same with his employer. Any contract
wherein an employer requires of an employee as a condition of employ
ment that he shall elect not to come within the provisions of this act
shall be void.
S e c . 5940 (as amended by chapter 226, acts of 1917). In any action Abrogation of
to recover damages for a personal injury sustained within this State by
ses*
an employee (entitled to come within the provisions of this act) while
engaged in the line of his duty as such or for death resulting from per
sonal injury so sustained, in which recovery is sought upon the ground
of want of due care of the employer, or of any officer, agent or servant
of the employer, where such employer is within the provisions hereof,
it shall not be a defense to any employer (as herein in this act defined)
who shall have elected, as hereinbefore provided, not to come within the
provisions of this act: (a) That the employee either expressly or im
pliedly assumed the risk of the hazard complained of. (b) That the
injury or death was caused in whole or in part by the want of due care cf
a fellow servant, (c) That such employee was guilty of contributory
negligence.
S e c . 5941 (as amended by chapter 226, acts of 1917). In an action to
D®,fe?,ses aI*
recover damages for a personal injury sustained within this State by an lowed>w&en.
employee (entitled to come within the provisions of this act) while en
gaged in the line of his duty as such, or for death resulting from personal
injury so sustained in which recovery Is sought upon the ground of want
of due care of the employer or of any officer, agent or servant of the em
ployer, and where such employer at the time of the injury is operating
under the provisions of this act and has not filed his election not to
accept thereunder, it shall be a defense for such employer in all cases
where said employee has elected not to come within the provisions of
this act: (a) that the employee either expressly or impliedly assumed
the risk of the hazard complained of; (b) that the injury or death was
caused in whole or in part by the want of due care of the fellow servant;
(c) that the said employee was due of contributory negligence: Provided,
hoioever. That none of these defenses shall be available where the injury
was caused by the willful negligence of such employer or of any manag
ing officer, or of managing agent of said employer.
S e c . 5912. Nothing in this act shall be construed to amend or repeal Construction of
section 6999 of the General Statutes of Kansas of 1909 or house bill No. s a u e’
240 of the session of 1911, the same being “ An act relating to the liability
of common carriers by railroads to their employees in certain cases, and
repealing all acts and parts of acts so far as the same are in conflict here
with.”
ACTS OF 1919.
C h a p te r

222.— Waiver of compensation or damages by blind persons.

S e c t io n 1 . It shall hereafter be lawful for any blind person over the
ve r per*
age of 18 years to agree to and with his or her employer to waive his or mi e *
her right "to damages or compensation for any personal in jury arising
out of or in the course of his or her employment, for which injury such
blindness was the direct cause, and any such agreement shall be valid
and binding upon the parties thereto.
Approved March 22, 1919.

KENTUCKY.
ACTS OF 1916.
C h a p te r

Scope.

33.— Compensation for injuries to workmen.

S e c t i o n 1 (as amended by ch. 176, acts of 1918). This act shall apply
to all employers having three or more employees regularly engaged* in
the same occupation or business and to their employees, except that
it shall not apply to domestic employment, agriculture, steam railways,
or such common carriers, other than steam railways, for which a rule of
liability is provided by the laws of the United States. It shall affect
the liability of the employers subject thereto to their employees for
personal injuries sustained by the employee by accident arising out of
and in the course of his employment or for death resulting from such
accidental injury: Provided, however, That personal injury by accident
as herein defined shall not include diseases except where the disease is
the natural and direct result of a traumatic injury by accident, nor shall
they include the results of a preexisting disease.
Joint applica
Any employers and employees who are, by the provisions of this
tion.
section, excepted from the provisions of this act may subject themselves
thereto by joint voluntary application to the board, in writing, for such
period as may be stated in the application, which shall be irrevocable
during such period and effective thereafter until a written revocation
be filed with the board or the employment be terminated.
Public employ S e c . 2 . The term “ employer” as used in this act shall be construed
ments.
to include municipal corporations and any political subdivision or cor
poration thereof, and any election with reference to this act shall be
exercised by the lawmaking or other governing body thereof: Provided,
however, That nothing contained in this act shall be construed as amend
ing or repealing any statute or ordinance relating to associations or funds
for the relief, pensioning, retirement, or other benefit of any employees
of such municipal employer, or of the widows, children, or dependents
of such employees, or as in any manner interfering with the same as now
or hereafter established.
Act exclusive.
Sec. 3 . Whereas at the time of the injury, both employer and em
ployee have elected to furnish or accept compensation under the pro
visions of this act for a personal injury, received by an employee by
accident and arising out of and in the course of his employment, or for
death resulting from such injury, within two years thereafter, the em
ployer shall be liable to provide and pay compensation under the pro
visions of this act and shall be released from all other liability whatso
Intentional in ever: Provided, however, That if injury or death result to an employee
juries.
through the deliberate intention of his employer to produce such injury
or death, the employee or his dependent as herein defined shall receive
the amount provided in this act in a lump sum to be used, if they so
desire to prosecute the employer, and said dependents shall be per
mitted to bring suit against said employer for any amount they may
desire, that if injury or death results to an employee through the delib
erate intention of his employer to produce such injury or death, the
employee or his dependents as herein defined shall have the privilege
to take under this act, or in lieu thereof, to have a cause of action at
law against such employer as if this act had not been passed for such
damages so sustained by the employee, his dependents or personal rep
resentatives as may be recoverable at law. If a suit is brought under
this section, all right to compensation under the provisions of this act
shall thereby be waived and void as to all persons, and if a claim is
made for the payment of compensation or any other benefit provided
by this act, all rights to sue the employer for damages on account of
such injury or death shall thereby be waived and void as to all persons.
Willful miscon Notwithstanding anything hereinbefore or hereafter contained no
duct.
employee or dependent of any employee shall be entitled to receive
500

TEXT OF LAW S---- K E N T U C K Y .

501

compensation on account of any injury to or death of an employee
caused by a willful self-inflicted injury, willful misconduct, or intoxi
cation of such employee.
Sec. 4. In addition to all other compensation herein provided, such Medical, etc.,
medical, surgical, and hospital treatment, including nursing, medicaltreatment*
and surgical supplies and appliances as may reasonably be required at
the time of the injury and thereafter during disability, but not exceed
ing 90 days unless the board shall, by order made within that time,
otherwise direct, not exceeding a total expense to the employer of more
than $100 on account of the benefits provided by this section, to cure
and relieve from the effects of the injury shall be furnished by the em
ployer, and, in case of his refusal or neglect reasonably to do so, the
employer shall be liable for the reasonable expense, within the limits
of this section, incurred by or on behalf of the employee in providing
the same.
In the event of an emergency, the employee shall have the right to
call in any available physician or surgeon to administer such first aid
as may be reasonably necessary at the expense of the employer within
the limits of this sextion.
S e c . 4a. In all claims for hernia resulting from injury received in Hernia,
the course of and resulting from the employee’s employment, it must be
definitely proved to the satisfaction of the board:
First. That there was an injury resulting in hernia.
Second. That the hernia appeared suddenly and immediately fol
lowed the injury.
Fourth. That the hernia did not exist in any degree prior to the
injury for which compensation is claimed.
In all such cases where liability for compensation exists, the em
ployer shall provide competent surgical treatment by radical opera
tion, the limits of benefits payable under section 4 hereof being in
creased to $200 in such cases, if the operation is performed. In case
the injured employee refuses to submit to the operation, the employer
shall have the right to a medical examination as provided in section 37
hereof. If it be shown by such examination that the employee has any
chronic disease or is otherwise in such physical condition as to render
it more than ordinarily unsafe to submit to such operation, he shall, if
unwilling to submit to the operation, be entitled to compensation for
disability under the general provisions of this act. If the examination
does not disclose the existence of disease or other physical condition
rendering the operation more than ordinarily unsafe and the employee,
with knowledge of the result of such examination, thereafter refuses to
submit to such operation, he shall be entitled to compensation for disa
bility under the general provisions of this act for not exceeding one year.
If the employee submits to the operation he shall, in addition to the
surgical benefits herein provided for, be entitled to compensation for
26 weeks. If the hernia result in death within one year after it is sus
tained, or the operation result in death, such death shall be deemed
a result of the injury causing such hernia and compensated accordingly
under the provisions of this act. This paragraph shall not apply where
the employee has refused to submit to an operation which has been
found by the examination herein provided for not to be more than
ordinarily unsafe.
Sec. 5. If it be shown that the employer is furnishing the require- .Change o/phyments provided by section 4 hereof in such manner that there is rea-sician*
sonable ground for believing that the life, health, or recovery of the
employee is being endangered or impaired thereby, the board may
order a change in the physician or other requirement, and if the em
ployer fail promptly to comply with such order after receiving it, may
permit the employee or some one for him to provide the same at the
expense of the employer under such reasonable regulations as may be
provided by the board.
No action shall be brought against any employer subject to this act
by any employee or other person to recover damages for malpractice or
improper treatment received by such employee from any physician,
hospital, or attendant thereof.

Sec. 6 . All fees and charges under sections 4 and 5 shall be fair and Medical, etc.,
reasonable, shall be subject to regulation by the board, and shall be ees m c,ar£es-

502

o r k m

e n ’s

c o m

p e n s a t io n

la w

t h

u n i t e d

s t a t e s .

limited to such charges as are reasonable for similar treatment of
injured persons of a like standard of living in. the same community
and where such treatment is paid for by the injured person himself.
In determining what fees are reasonable, the board may alsoconsider the
increased security of payment afforded by this act.
Where such requirements are furnished by a public hospital or
other institution, payment thereof shall be made to the proper authori
ties conducting same. No compensation shall be payable for the
death or disability of an employee if his death is caused, or if and in so
far as his disability may be aggravated, caused, or continued by an
Refusing treat unreasonable refusal, failure, or neglect to submit to or follow any
ment.
competent surgical treatment or medical aid or advice.
S e c . 7 (as amended by ch. 170. acts of 1918). Except as provided in
Waiting time. sections 4 and 5 hereof, 110 compensation shall be payable for the first
seven days of disability, and all compensation shall be payable on the
regular pay day of the employer, commencing with the first regular
pay day after seven days after the injury, with interest at the rate of
6 per cent per annum on each installment from the time it is due until
paid.
S e c . 8 . Employers who hire employees within this State to work
Work outside
in whole or in part without this State may agree in writing with such
State.
employees to exempt from the operation of this act injuries received
outside of this State; in the absence of such an agreement the remedies
provided by this act shall be exclusive as regards injuries received
outside this State upon the same terms and conditions as if received
within the State.
S e c . 8a. No contract or agreement, written or implied, no rule,
Waivers.
regulation, or other device shall in any manner operate to relieve any
any employer in whole or in part of any obligation created by this act
except as herein provided.
S e c . 9. Whenever an injury foi^ which compensation is' payable
Liability
of
under this act shall have been sustained under circumstances creating
third parties.
in some other person than the employer a legal liability to pay damages
in respect thereto, the injured employee may at his option either
claim compensation or proceed at law by civil action against such
other person to recover damages, or proceed both against the employer
for compensation and such other person to recover damages, but he
shall not collect from both, and if compensation is awarded under
this act the employer having paid the compensation or having become
liable therefor shall have the right to recover in his own name or that
of the injured employee from the other person in whom legal liability
for damages exists not to exceed the indemnity paid and payable to
the injured employee.
S e c . 10. A principal contractor, intermediate, or subcontractor shall
Employees of
be liable for compensation to any employee injured while in the
contractors.
employ of any one in [ofj his intermediate or subcontractors and
engaged upon the subject matter of the contract, to the same extent as
as the immediate employer. Any principal, intermediate, or subcon
tractor who shall pay compensation under the foregoing provision may
recover the amount paid from any subordinate contractor through
whom he may have been rendered liable under this section.
Every claim to compensation under this section shall in the first
instance be presented to and instituted against the immediate em
ployer, but such proceeding shall not ^constitute a waiver of the
employee’s rights to recover compensation under this act from the
principal or intermediate contractor: Provided. That the collection
of full compensation from one employer shall bar recovery by the
employee against any others, nor shall he collect from all a total com
pensation in excess of the amount for which his immediate employer
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 under his control otherwise
or management.
S e c . 11. A minor, except where employed in willful violation of
Status of mi
nors.
any law of this State regulating the employment of minors, shall be

TEXT OF LAW S---- K E N T U C K Y .

508

deemed sui juris for the purposes of this act, and 110 other person shall
have cause of action or right to compensation for an injury to or death
of such minor employee or loss of service on account thereof, by reason
of the minority of such employee. In the event of the award of a
lump sum of compensation to such minor employee, payment shall be
made to the guardian of such minor.
Sec. 12. If death results within, two years from an accident for Compensation
which compensation is payable under this act, the employer or his
deathinsurer shall pay to the persons entitled to compensation, or, if none,
then to the personal representative of the deceased employee reasonable Funeral
ex
burial expenses of a person of the standard of living of the deceased, penses.
not to exceed the sum of $75, and shall also pay to or for the following
persons compensation as follows, to wit:
(1) If there^ are no dependents, as herein defined, there shall be Nodependents,
paid, in addition to the burial expenses and medical expenses, if any
otherwise provided for herein, the further sum of $100, payment to be
made to the personal representative of the deceased employee.
(2) If there are one or more wholly dependent persons, 65 per cent Persons wholly
of the average weekly earnings of the deceased employee, but not to pen
exceed $12 nor less than $5 per week, shall be payable, all such pay
ments to be made for the period between the date of death and 335
weeks after the date of accident to the employee, or until the inter
vening termination of dependency, but in no case to exceed the
maximum sum of $4,000.
(3) If there are partly dependent persons, the payments shall be Partial dependsuch part of what would be payable for total dependency as the partial eilts*
dependency existing at the time of the accident to the employee may
be proportionate to total dependency, all such payments to be made
for the period between the date of death and 335 weeks after the date
of the accident to the deceased employee or until the intervening
termination of dependency, but in no case to exceed in the aggregate
of compensation on account of such death the maximum sum of $4,000.
Partial dependency shall be determined by the proportion of the
earnings of the employee which have been contributed to such partial
dependent during one year next preceding the date of injury; if the
relation of partial dependency shall not have existed for one year
next preceding the date of injury, the board shall consider all the facts
and circumstances and fix such proportion as may be fair and reasonable
thereunder.
(4) All relations of dependency herein referred to shall be construed
to mean dependency existing at the time of accident to the employee.
Sec. 13. The following persons shall be presumed to be wholly Who are de
dependent upon a deceased employee: (a) A wife upon a husband Pendents*
whom she has not voluntarily abandoned at the time of the accident;
(b) a husband incapacitated from wage earning, upon a wife whom he
has not voluntarily abandoned at the time of the accident to the wife;
(c) a child or children under the age of 16 years or over 16 years if
incapacitated from wage earning, upon the parent with whom such
child or children are living or by whom actually supported at the time
of the accident. In all other cases the relation of dependency in whole
or in part shall be determined in accordance with the facts of each
case existing at the time of the accident, but 110 person shall be con
sidered a dependent in any degree unless he be living in the household
of the employee at the time of the accident or unless such person
bears to the employee the relation of father, mother, husband, or wife,
father-in-law or mother-in-law, grandfather or grandmother, child or
grandchild, or brother or sister of the whole or half blood.
Compensation to any dependent shall cease at the death or legal or Cessation
of
common-law marriage of such dependent and upon the cessation of com- Paymen^*
pensation to or on account of any person, the compensation of the re
maining persons entitled to compensation shall, for the unexpired
period during which their compensation is payable, be that which such
persons would have received during such unexpired period if they had
been the only persons entitled to compensation at the time of the
accident.

504

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.

Sec. 14. As used in this act, the term “ child ” includes stepchildren,
legally adopted children, posthumous children, and recognized illegiti
mate children, but does not include married children unless actually
dependent.
The terms “ brother” and “ sister” include stepbrothers, stepsisters,
and brothers and sisters of the half blood or by adoption, but excludes
married brothers ojr sisters unless actually dependent. The term
4‘grandchild” includes children of adopted children and children of
stepchildren, but excludes stepchildren of children or of adopted chil
dren and married children. The term “ parent ” includes step-parents
and parents by adoption. The words “ adopted” and “ adoption” as
herein used include cases where the persons are legally adopted.
Payments a reS e c . 15. Payment of death benefits, in good faith, to a supposed deleasependent or to a dependent subsequent in right to another or other
dependents shall protect and discharge the employer and insurer unless
and until the lawful dependent or dependents prior in right shall have
given the employer or insurer written notice of his or their claim. In
case the employer or insurer is in doubt as to who are dependents or as
to their respective rights, the board shall, on application, decide and
direct to whom payment shall be made, and payment m%de under such
direction shall release the employer and insurer from all liability: Pro
vided, however, That if an appeal be taken from the order of the board
directing payment, persons receiving payment under such order shall
be required to furnish bond for the protection of adverse claimants pend
ing the outcome of the proceedings.
In case death occurs as a result of the injury, after a period of total
or partial disability, the period of disability shall be deducted from the
total period of compensation and the benefits paid thereunder from the
maximum allowed for the death respectively stated in section 12 hereof.
Total disabil- Sec. 16 (as amended by ch. 176, acts of 1918). Where the injury causes
ity*
total disability for work, the employer, during such disability, except
the first seven days thereof, shall pay the employee so injured a weekly
compensation equal to 65 per cent of his average weekly earnings, not
to exceed $12 nor less than $5 per week, such payments to be made
during the period of total disability but not longer than eight years after
the date of the injury, nor in any case to exceed the maximum sum of
$5,000. In case the period of total disability begins after the period of
partial disability, the period of partial disability shall be deducted
from the total period of eight years during which compensation for total
disability may be payable, and the payments made on account of such
partial disability shall be deducted from the maximum of $5,000.
In case of the following injuries, the disability shall be deemed total
and permanent, to wit:
( 1) The total and permanent loss of sight in both eyes.
( 2) The loss of both feet at or above the ankle.
(3) The loss of both hands at or above the wrist.
(4) A similar loss of one hand and one foot.
(5) An injury to the spine resulting in permanent and complete
paralysis of both arms or both legs or of one arm and one leg.
( 6) An injury to the skull resulting in incurable insanity or imbe
cility.
The above enumeration is not to be taken as exclusive, but in all
other cases the burden of proof shall be on the claimant to prove that
his injuries have resulted in permanent total disability.
Partial disa*
Sec. 17 (as amended by ch. 176, acts of 1918). In case of an injury
11 y*
resulting in temporary partial disability, the employee shall receive
during such disability, except the first seven days thereof, a weekly
compensation equal to 65 per cent of the difference between his average
weekly earnings before the injury and the average weekly earnings
which he earns or is able to earn in some suitable employment after the
injury and during such disability, not to exceed 335 weeks from the
date of injury nor exceeding the sum of $ 1 2 per week nor the maximum
sum of $4,000. In case partial disability follows a period of total disa
bility, such period of total disability shall be deducted from the maxi
mum period allowed for partial disability and the benefits paid on ac
count thereof from the maximum allowed for partial disability.
Definitions.

TEXT OF LAW S— K E N T U C K Y .
S e c . 18. For injuries enumerated in the following schedule, the em
ployee shall receive in lieu of all other compensation, except such as
may be payable under sections 4 and 5 hereof, a weekly compensation
equal to 65 per cent of his average weekly earnings, but not less than
$5 per week nor exceeding $12 per week, for the respective periods
stated thereon, to wit:
For the loss of a thumb, 65 per cent of the average weekly wages dur
ing 60 weeks.
For the loss of a first finger, commonly called the index finger, 65 per
cent of the average weekly wages during 45 weeks.
For the loss of a second finger, 65 per cent of the average wages during
30 weeks.
For the loss of a third finger, 65 per cent of the average weekly wages
during 20 weeks.
For the loss of a fourth finger, commonly known as the little finger,
65 per cent of the average weekly wages during 15 weeks.
The loss of the second, or distal, phalange of the thumb shall be con
sidered to be equal to the loss of one-half of such thumb; the loss of
more than one-half of such thumb shall be considered to be equal to the
loss of the whole thumb.
The loss of the third, or distal, phalange of any finger shall be con
sidered to be equal to the loss of one-third of such finger.
The loss of the middle, or second, phalange of any finger shall be con
sidered to be equal to the loss of two-thirds of such finger.
The loss of more than the middle and distal phalanges of any finger
shall be considered to be equal to the loss of the whole finger: Pro
vided, hotvever, That in no case will the amount received for more than
one finger exceed the amount provided in this schedule for the loss of a
hand.
For the loss of a metacarpal bone (bone of palm) for the corresponding
thumb, finger, or fingers above, add 10 weeks to the number of weeks
as above.
For ankylosis (total stiffness of) or contractures (due to sears or inju
ries) which makes the fingers more than useless, the same number of
weeks apply to such finger or fingers (not thumb) as given above.
For the loss of a hand, 65 per cent of the average weekly wages during
150 weeks.
For the loss of an arm, 65 per cent of the average weekly wages during
200 weeks.
For the loss of one of the toes, other than the great toe, 65 per cent
of the average weekly wrages during 10 weeks.
For the loss of the great toe, 65 per cent of the average weekly wages
during 30 weeks.
The loss of more than two-thirds of any toe shall be considered equal
to the loss of the whole toe.
The loss of less than two-thirds of any toe shall be considered to be
equal to the loss of one-half toe. For the loss of a foot, 65 per cent
of the average weekly wages during 125 weeks.
For the loss of a leg, 65 per cent of the average weekly wages during
200 weeks, or the total and permanent loss of the sight of an eye, 65
per cent of the average weekly wages during 100 weeks.
In all other cases of permanent partial disability, including any
-disfigurement which will impair the future usefulness or occupa
tional opportunities of the injured employee, compensation shall be
determined according to the percentage of disability, taking into
account, among other things, any previous disability, the nature of
the physical injury or disfigurement, the occupation of the injured
employee and age at the time of injury; the compensation paid therefor
shall be 65 per cent of the average weekly earnings of the employee,
but not less than $5 nor more than $12, multiplied by the percentage
of disability caused by the injury, for such period as the board may
determine, not exceeding 335 weeks nor a maximum sum of $4,000.
Whenever the weekly payments under this paragraph wTould be less
than $3 per week, the period may be shortened and the payments
correspondingly increased to that amount. Where compensation,
except as provided in sections 4 and 5 of this act, is paid under any
other provision of this act the period during which such other com pen -

ScheduJ

506

W O R K M E N ’ S COMPENSATION LAW S OF TH E CN ITED STATES.

Refusal

work.

sation is paid and the amount thereof shall be deducted respectively
from the maximum period and maximum amount which may be paicl
under this paragraph.
t*o Sec. 19. If an injured employee refuses employment reasonably
suited to his capacity and physical condition procured for him, he
shall not be entitled to compensation during the period of such refusal
unless, in the opinion of the board, such refusal was justifiable.
S e c . 20. If a p re v io u sly in ju re d e m p lo y e e su sta in s a s u b se q u e n t
in ju r y w h ic h resu lts in a c o n d itio n to w h ic h b o th in ju rie s, or th eir
effects, c o n tr ib u te , t h e e m p lo y e r in w hose e m p lo y m e n t t h e su b se
q u e n t in ju r y is su sta in ed sh a ll b e lia b le o n ly for t h e c o m p e n sa tio n to
w h ic h su c h re su ltin g c o n d itio n e n title d th e e m p lo y e e , less a ll co m
p e n sa tio n w h ic h t h e provisions- of th is la w w o u ld h a v e afford ed on
a c c o u n t o f th e prior in ju ry or in ju rie s h a d th e y b e e n com p e n sate d
for th e re u n d e r.
of
S e c . 21. Upon its own motion or upon the application of any party

Second injuries,

Review
awards.

Alien
ents.

Notice.

interested and a showing of change of conditions, mistake, or fraud
the board may at any time review any award or order, ending, dimin
ishing, or increasing the compensation previously awarded, within
the maximum and minimum provided in this act, or change or revoke
its previous order, sending immediately to the parties a copy of ita
subsequent order or award. Review under fhis section shall be had
upon notice to the parties interested and shall not affect the previous
order or award as to any sums already paid thereunder.
S e c . 22. Compensation under this act to alien dependent widows
and children, not residents of the United States, shall be one-hall
of the amount provided in each case for residents; and the employer
may at any time commute all future installments of compensation
to alien dependents the then value thereof. Alien widowers; parents,
brothers, and sisters, not residents of the United States, shall not be
entitled to any compensation.

Sec. 23. Any notice required to be given under this act shall be
deemed to have been properly given and served when deposited in
the mail in a registered letter or package properly stamped and ad
dressed to the person to whom notice is to be given at his last-known
address and in time to reach him in due time to act thereon. Notice
may also be given and served in like manner as are notices in civil
actions.
Any notice, given and served as provided in this section, to the
consular representative of the nation of which any nonresident depend
ent of a deceased employee is a citizen or subject, or to the authorized
agent or representative of any such official residing in this State,
shall be deemed to have been properly given and served upon such
dependent.

C om p u tin g
wages.

Advances.

Lump sums.

Sec. 24. Compensation shall be computed at the average weekly
wage earned by employee at time of injury, reckoning wages as earnea
while working at full time.
(a)
If the employee at the time of the injury is regularly employed
in a higher grade of work or occupation than formerly during the year
and with larger regular wages, only such higher grade of work or
occupation, if the same be not seasonal, shall be taken into consideration in computing his average weekly wages.

S ec. 25. Any payments made, or the value of supplies furnished
by the employer or his insurer during the period of disability, to
the employee or his dependents which by the terms of this act were
not due or payable when made or furnished may, with the approval
of the board, be deducted from the amount payable as compensation.
The board may, on the application of either party, in its discretion
and having regard both to the welfare of the employee and the con
venience and financial ability of the employer, authorize compensation
to be paid monthly or quarterly.
S e c . 26. Whenever compensation has been paid for not less than
six months, thereafter, on the application of either party and upon
notice to the other party, in any case where the board rnav determine
that it will be for the best interests of either party and will not subject
the employer or his insurer to an undue risk o f overpayment, future
payments of compensation or any part thereof may be commuted to a

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lump sum of an amount which will equal the total sum of the probable
future payments so commuted, discounted at 5 per cent per annum on
each payment. Upon payment of such lump sum all liability for the
payments therein commuted shall cease.
Sec. 27. Whenever for any reason the board may deem it expedient, Payment to
any lump sum which is paid as provided in section 26 hereof shall be trusteespaid to any suitable person or corporation appointed by the judge of
the county court of the county of the residence of the injured employee
or of his dependents as trustee to administer or apply the same for the
benefit of the person or persons entitled thereto, The receipt of such
trustee for the amount so paid to him or it shall discharge the employer
and his insurer. Except as otherwise herein specifically provided,
the manner of qualification and the rights, duties, and liabilities of
such trustee shall be determined by the general laws of this State.
Sec. 28. The benefits in case of death shall be paid to such one To whom pay
or more dependents of the deceased employee, for the benefit of all ments made,
the dependents entitled thereto, as may be determined by the board.
The dependents to whom payments are made shall apply the same to
the use of the several persons thereto entitled under this act accord
ing to their respective claims on the deceased for support. The com
pensation of an insane person shall be paid to his or her committee.
In cases where the dependents are a widow, or other head of a
family of minor children, and one or more minor children, it shall be
sufficient for the widow or head of such family to make application
for compensation on behalf of all, and in cases where the dependents
are mentally incapacitated or are minors the head of whose family
is not a dependent, the application may be made by the committee,
guardian, or next friend of such dependents.
S e c . 29. Where an accident is caused in any degree by the inten- failure to comtional failure of the employer to comply with any specific statute or statutes.
lawful regulations made thereunder, communicated to such employer, "
and relative to installation or maintenance of safety appliances or
methods, the compensation for which the employer would otherwise
have been liable under this act, shall be increased 15 per cent in the
amount of each payment; where the accident is caused in any degree
by the intentional failure of the employee to use any safety appliance
furnished by the employer, or to obey any lawful and reasonable
rule, order, or regulation of the board or the employer for the safety
of employees or the public, the compensation for which the employer
would otherwise have been liable under this act, shall be decreased
15 per cent in the amount of each payment: Provided, however, That
nothing in this section shall be construed to conflict with or impair
any of the provisions of section 3 of this act.
S e c . 30. In case any minor employee' who is injured or killed is,
Minors unlawat the time of such injury, employed in willful and known violation
y emP*°y€d*
by the employer of any law of this State regulating the employment
of minors, his statutory guardian, or personal representative of the
minor so killed, may claim compensation under the terms of this act
or may sue to recover damages as if this act had not been passed. If
a claim to compensation be made under this section, the making of
such claim shall be a waiver and bar to all rights of action on account
of said injury or death of said minor as to all persons, and the institu
tion of an action to recover damages on account of such injury or death
shall be a waiver and bar of all rights to compensation under this act.
Sec. 31. All rights of compensation granted by this act shall have Claims
pre»
the same preference or priority for the whole thereof against the assets er *
of the employer as is allowed by law for any unpaid wages for labor.
S e c . 32. No claim for compensation under this act shall be assign- Assignments,
able, and all compensation and claims therefor shall be exempt frometc*
all claims of creditors.
S e c . 33 . No proceeding under this act for compensation for an injury Notice,
or death shall be maintained unless a notice of the accident shall have
been given to the employer as soon as practicable after the happening
thereof, and unless a claim for compensation with respect to such in- Claims
jury shall have been made within one year after the date of the accident,
or, in case of death, within one year after such death, whether or not a
claim has been made by the employee himself for compensation. Such

508

’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 .

notice and such claim may be given or made by any person claiming to
be entitled to compensation or by some one in his behalf. If payments
of compensation, as such, have been made voluntarily, the making of a
claim within such period shall not be required, but shall become requi
site following the suspension of such voluntary payments.
Form.
Sec. 34. Such notice and such claim shall be in writing, and the
notice shall contain the name and address of the employee, and shall
state in ordinary language the time, place of occurrence, nature and
cause of the accident, with names of witnesses, the nature and extent
of the injury sustained, and the work or employment in which the em
ployee was at the time engaged, and shall be assigned by him or a per
son on his behalf, or, in the event of his death, by any one or more of
his dependents or a person on their behalf. The notice may include
the claim.
To whom given.
S e c . 35. Any such notice or claim shall be given to the employer, or,
if the employer be a partnership, then to any one of the partners. If
the employer be a corporation, then the notice may be given to any
agent of the corporation upon whom process may be served or to any
officer of the corporation or agent of the corporation in charge of the
business at the place where the injury occurred. Such notice or claim
may be given by delivery to any of such persons or in the manner pro
vided in section 23 hereof.
Inaccuracy.
Sec. 36. Such notice shall not be held invalid or insufficient by
reason of any inaccuracy in complying with section 34 hereof, unless it
be shown that the employer w^as in fact misled to his injury thereby.
Want of notice or delay in giving notice shall not be a bar to proceed
ings under this act if it be shown that the employer, his agent, or repre
sentative had knowledge of the injury, or that such delay or failure to
give notice was occasioned by mistake or other reasonable cause.
Medical exam Sec. 37. After an injury and so long as compensation is claimed, the
nations.
workman, if so requested by his employer or the board, shall submit
himself to examination, at reasonable time and places, to a duly quali
fied physician or surgeon designated and paid by the employer. The
employee shall have the right to have a duly qualified physician or
surgeon designated and paid by himself present at such examination,
which right, however, shall not be construed to deny to the employer’s
physician or purgeon the right to visit the injured employee at all
reasonable times and under all reasonable conditionss. If an employee
refuses to submit himself to or in any way obstructs such examination,
his right to take or prosecute any proceedings under this act shall be
suspended until such refusal or obstruction ceases, and no compensation
shall be payable for the period during which said refusal or obstruction
continues.
Incompetents.
Sec. ‘38. No limitation of time provided in this act shall run against
any person wTho is mentally incompetent or who is a minor dependent,
so long as he has no committee, guardian, or next friend.
W orkm en's
Sec. 39. A board is hereby created, to be known as the “ Workmen’s
boarcl6ns a^10 33Compensation Board, ” which shall consist of three members appointed
by the governor. Each member of the board shall hold office for four
years and until his successor shall have been appointed and qualified,
except that when the board is first created one member shall be ap
pointed for two years, one for three years, and one for four years. There
after, upon the expiration of the term of any member, his successor
shall be appointed for a full term of four years. Of the board as first
constituted, the member appointed for two years shall be chairman
during his term, the member appointed for three years during the
third year, and the member appointed for four years during the fourth
year. Thereafter the senior member in length of service on the board
in his current term in any given year shall be chairman during that year.
Vacancies on the board shall be filled by appointment for the remain
der of the unexpired term, but no vacancy shall impair the rights of the
remaining members to exercise all the powers of the board nor shall
relieve such members from discharging all the duties of the board during
such vacancy. In the event of a vacancy, the appointee for the unex
pired term shall not succeed his predecessor in the chairmanship of the
board; such other member as would, but for the vacancy, have been
chairman shall at once succeed to the unoxpired chairmanship, when

510

w o r k m e n ’s c o m p e n s a tio n la w s o f t h e

u n ite d s t a t e s .

State treasury. The board shall provide necessary supplies, books,
periodicals, and maps, and shall provide itself with a seal for the
authentication of its orders, awards, or proceedings on which shall be
inserted the words “ Workmen’s Compensation Board, State of Ken
tucky. Official seal.” The board may hold sessions at any place
within the State where necessary and shall have power to sue or insti
tute legal proceedings in any court of the Commonwealth under exist
ing laws as to jurisdiction of actions; unless consented to by the board,
all actions or proceedings against it or a member thereof in his official
capacity as such shall be brought in the courts of the county of Franklin.
Meetings.
gE€. 44. The board shall fix and adopt at least one day of the week
on which regular meetings shall be held biweekly for the transaction
of all business, a quorum of the board to be present at its main offices
not later than eleven a. m.. and remaining at the office, or available
thereto, until 5 p. m. of such day. When necessary, the chairman
shall call the board together at any time during business hours on
any other day to consider and transact any business which may be
before it. All proceedings of the board shall be recorded in a book for
that purpose by the secretary, which shall constitute a public record
and shall contain an entry of each case, claim, or proceeding considered,
heard, or passed upon by the board or a member thereof, with the
award, finding, or decision made thereon.
Districts.
Sec. 45 (as amended by chapter 176, acts of 1918). The place of
residence of each member shall be shown upon the official stationery
used by the said board.
Quorum.
S e c . 46. A majority of the board shall constitute a quorum for the
transaction of business, and vacancies shall not impair the right of
the remaining; members to exercise all the powers of the full board, so
long as a majority remains. Any investigation, inquiry, or hearing
which the board is authorized to hold or undertake may be held or
undertaken by or before any one member of the board, or a referee
acting for him, under authorization of the board. All investigations,
inquiries, hearings, and decisions of the board, and every order made
by a member thereof, when approved by a majority of the members,
and so shown on a record of its proceedings, shall be deemed to be the
order of the board.
Rules.
S ec. 47. The board may make rules not inconsistent with this
Procedure.
act for carrying out the provisions of this act. Processes and pro
cedure under this act shall be as summary and simple as reasonably
may be. The board or any member thereof shall have the power
for the purpose of this act to subpoena witnesses, administer or cause
to have administered oaths, and to examine or cause to haA e examined
such parts of the books and records of the parties to a proceeding as
relate to question in dispute.
.The county sheriff shall serve all subpoenas of the board and shall
receive the same fees as now provided by law for like service in civil
actions; each witness who appears in obedience to such subpoena of the
board shall receive for attendance the fees and mileage for witnesses
in civil cases in the courts.
The circuit court shall, on application of the hoard, or any member
thereof, enforce, by proper proceedings the attendance and testimony
of witnesses and the production and examination of books, papers, and
records.
S e c . 48. If the employee and employer reach an agreement, con
Agreements.
forming to the provisions of this act, in regard to compensation, a
memorandum of the agreement shall be filed with the board, and,
if approved by it, shall be enforceable in like manner as is herein
provided for the enforcement of awards of the board. Nothing herein
shall prevent the voluntary payment of compensation in the amounts
and for the periods herein prescribed without formal agreement,
but nothing shall operate as a final settlement except a memorandum
of agreement filed with and approved by the board in accordance with
this section, or the expiration ox the time limit hereinbefore pre
scribed in section 33.
Applicationsfor SEc. 49. If the parties fail to reach an agreement in regard to comheanngs.
pensation under this act, or if they have previously filed such an
agreement with the board and compensation has been paid or is

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509

a vacancy occurs therein, in addition to the year’s chairmanship to
which he would otherwise have been entitled.
S e c . 40. No person shall be eligible to appointment as a member of .Q n a 1if I e a»
the board unless he shall be at least thirty years of age, a resident of tions‘
Kentucky not less than three years consecutively next preceding his
appointment, and of good moral character.
No person accepting appointment as a member of the board and
qualifying as such shall be eligible to election or appointment to any
public office during any calender year which shall include any part of
the term of membership on the board for which he may have been ap
pointed and qualified and in which such election shall be held or ap
pointment made. Resignation from membership on the board shall
not relieve such member from any of the provisions of this section and
the acceptance of appointment and qualification as a member of the
board shall constitute a valid waiver of any and all statutory or con
stitutional rights to or eligibility for holding any other public office
during such time.
Sec. 41. The governor may, at any time, remove any member of the Removals,
board for inefficiency, neglect of duty, misconduct in office, or political
activity, or if he become ineligible as defined in section 40, giving him
in advance a copy of the charges preferred and an opportunity of being
publicly heard, in person or by counsel, upon not less than ten days’
notice. A representative of the attorney general’s office shall attend
such proceedings, and, upon the governor’s request, shall advise or
assist him therein. Either party may procure the attendance of wit
nesses and their testimony as is now provided by the Civil Code in
ordinary actions.
If such member be removed, the governor shall file in the office of
the secretary of state a complete statement of all charges made against
such member and his findings thereon, together with a complete record
of the proceedings had and transcript of testimony heard, the same to
constitute a public record of the Commonwealth. Any member of the
board may also be removed by the senate by impeachment under the
same procedure as is now provided by law.
Sec. 42. The salary and expenses of the board with their assistants Salaries, etc.
and employees shall be paid out of the maintenance fund provided for
in section 85 hereof; the annual salary of each member shall be $3,500.
The board may appoint a secretary at a salary of not more than $2,500
a year and a medical director and such other assistants and employees
as are necessary to the proper administration of this act at salaries to be
fixed by the board and approved by the governor: Provided, however,
That such salaries shall in no case exceed $75 per month to any ste
nographer, $100 per month to any clerical employee, $150 per month to
any other employee or assistant, or $3,000 per year to the medical
director, who shall be a reputable licensed and practicing physician
and surgeon of the professional education, training, or qualification
required by law for admission to practice in this State. The board
may at any time remove any of its appointees upon filing with the
secretary of state a full written statement of its reasons for such removal.
Sec. 42a. Members of the “ Workmen’s compensation board” shall Oath,
be considered as officers, and shall take the oath prescidbed by the con
stitution and laws of Kentucky, and shall give bond in the sum of
$10,000 of a surety company authorized to do business in the State,
for the faithful performance of their duties, which bonds shall be
approved by the governor and kept on file in the office of the secretary
of state, and any action on said bonds for breach thereof shall be insti Bonds.
tuted by special counsel employed by the governor and shall be in the
name of the Commonwealth. The premium upon said bonds shall be
paid out of the maintenance fund.
Sec. 42b. The board and their employees or authorized representa Expenses.
tives shall for such traveling as is necessitated by the discharge of their
official duties, be allowed transportation actually paid for, not exceed
ing the regular fare over the most direct route, and meals and lodging
actually paid for, not exceeding S3 per day.
Sec. 43. The board shall keep and maintain its main offices in Offices.
Frankfort, Ky., using suitable rooms and offices belonging to the State,
and shall be provided necessary office furniture to be paid for out of the

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due in accordance therewith and the parties thereafter disagree,
either party may make written application to the board for a hearing
in regard to the matter at issue and for a ruling thereon. Such applica
tion for a hearing must be tiled as soon as is practicable after disagree
ment, or after the cessation of voluntary payments, if any have been
made.
As soon as possible after such application has been received the
board shall set the date for a hearing, to be held as soon as is prac
ticable in view of the matter involved, and shall notify the parties
at issue of the time and place of such hearing.
Unless otherwise agreed to by the parties and authorized by the
board, the hearing shall be held at or convenient to the place where
the injury was sustained or the ground for disagreement occurred.
I n a d v a n c e of d ire ctin g a hearing, th e board, or a m e m b e r thereof,
or referee au th orized b y th e board, m a y confer in fo rm a lly w ith th e
p arties at issu e in an a tte m p t to assist in a d ju stin g th e ir d ifferences,
b u t m a y n o t d e la y th e granting of a h earing, o v er th e o b je c tio n of eith er
p arty, for such purpose.
S e c . 50. The board, or any of its members, shall hear the parties

at issue and their representatives and witnesses and shall determine
the dispute in a summary manner. The award, together with a state
ment of the findings of fact, rulings of law, and any other matters
pertinent to the question at issue, shall be filed with the record of
proceedings, and a copy of the award shall immediately be sent to the
parties in dispute.
S e c . 51. If an application for review is made to the board within seven days from the date of the award, the full board, if the first
hearing was not held before the full board, shall review the evidence,
or if deemed advisable, as soon as practicable hear the parties at
issue, their representatives and witnesses, and shall make and award
and file the same in like manner as specified in the foregoing section.
If a party introduce at a hearing before the full board a witness
whose testimony at the original hearing appears in the transcript
of evidence taken thereat, the costs accruing through the attend
ance of such witness and the transcribing of his testimony at the
second hearing shall be borne by the party introducing him, at such
hearing, regardless of the outcome of the controversy.

Hearings,

Reviews,

S e c . 52. A n aw ard, or order of th e board, as p ro v id e d in se c tio n
Awards
con50, if a p p lic a tio n for re v ie w b e n o t filed as th e re in p ro v id e d , or an clusive*
aw ard or order of th e board u p o n re v ie w as p ro v id e d in se c tio n 51,
sh a ll b e c o n c lu siv e an d b in d in g as to a ll q u e stio n s of fact, b u t e ith er
p a rty m a y , w ith in 2 0 d a y s after th e re n d itio n of su ch final order or
aw ard of th e board, b y p e titio n a p p e a l to th e c irc u it court th a t w o u ld
A p p e a l s to
h a v e ju risd ictio n to try an a c tio n for d am ages for said in ju rie s if th is courtsac t had n o t p assed, for th e re v ie w of such order or aw ard, th e board and the
ad v erse p arty b e in g m a d e resp o n d en ts. S u c h p e tit io n s h a ll state
f u lly th e grounds u p o n w h ic h a re v ie w is sou ght, assign a ll errors r e lied
on , an d sh a ll b e verified b y th e p e titio n e r, w h o sh a ll fu rnish c op ies of
th e p e titio n to th e re sp o n d en ts a t th e t im e of filin g sam e .

Summons shall issue upon the petition, directing the adverse party
to file answer within 15 days after service thereof and directing the board
to certify its complete record of the case to the court, or, in lieu thereof,
and if consented to by the petitioner and adverse party, an abstract of
the record prepared in the same manner as hereinafter provided for ap
peals to the court of appeals.
No new or additional evidence may be introduced in the circuit court,
except as to the fraud or misconduct of some person engaged in the ad
ministration of this act, and affecting the order, ruling, or award, but
the court shall otherwise hear the cause upon the record or abstract
thereof as certified by the board, and shall dispose of the cause in sum
mary manner, its review being limited to determining whether or not:
( 1) The board acted without or in excess of its powers
( 2) The order, decision, or award was procured by fraud.
(3) The order, decision, or award is not in conformity to the pro
visions of this act.
(4) If findings of fact are in issue, whether such findings of fact sup
port the order, decision, or award.

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u n ite d s ta te s .

The board and each party shall have the right to appear in such re
view proceedings; the court shall enter judgment affirming, modifying,
or setting aside the order, decision, or award, or in its discretion remand
ing the cause to the board for further proceedings in conformity with
the direction of the court. The court may, in advance of judgment and
upon a sufficient showing of fact, remand the cause to the board.
Court of apS e c . 53. Where an amount sufficient under existing laws to authorize
peals*
an appeal to the court of appeals is involved, the judgment of the cir
cuit court shall be subject to appeal to the court of appeals, the scope
of whose review shall include all matters herein made the subject of
review by the circuit court and also errors of law arising in the circuit
court and upon appeal made reviewable by the Civil Code of Procedure
where not in conflict with the provisions of this act. The procedure as
to appeal to the court of appeals shall be the same as in civil actions, so
far as the same may be applicable to and not in conflict with the pro
visions of this act, except as follows:
(1) Only so much of the evidence shall be embraced in a bill of excep
tions as may be necessary to present clearly the questions of law involved
in the rulings to which exceptions are reserved, and such evidence as is
embraced therein shall be set forth in condensed and narrative form,
save as a proper understanding of the questions presented may require
that parts of it be set forth otherwise.
(2) In order to carry out the provisions of subsection 1 and further to
reduce the size of the record on appeal, it shall be the duty of the appel
lant to file with the clerk of the circuit court, together with proof or ac
knowledgment of service of a copy on the appellee or his counsel, a
schedule which shall indicate the portions of the record to be incorpo
rated into the transcript of the record on such appeal. Should the ap
pellee or his counsel desire additional portions of the record incorpo
rated into the record to be filed in the court of appeals, he may file with
the clerk of the circuit court his schedule also, within ten days there
after (unless the term be extended by order of the circuit court or of the
court of appeals), indicating such additional portions of the record de
sired by him.
The clerk of the circuit court shall transmit to the court of appeals as
the transcript of the record only those portions of the record in the lower
court which are designated by the parties as above provided. The par
ties, or their counsel, may, however, agree by written stipulation to be
filed with the clerk of the circuit court, the portions of the record which
shall constitute the transcript of record on appeal, and the clerk in such
case shall transmit only the papers designated in such stipulation.
U nnecessary
S e c . 54. If the court of appeals shall find that portions of the record
transcripts.
unnecessary to a proper presentation of the case have been incorporated
into the transcript by either party, the court may order that the whole
or any part of the clerk’s fee for preparing the transcript shall be paid
by the offending party.
S a f e t y of
Whenever it shall be necessary or proper, in the opinion of the judge
papers.
0f the circuit court, that original papers of any kind should be inspected
by the court of appeals, such judge may make such rule or order for the
safe-keeping, transporting, and return of such original papers as to him
may aeem proper, and the court of appeals will receive and consider
such original papers in connection with the transcript of the record.
Award in effect.
S e c . 55. Upon motion of either party and a sufficient showing of
reason or necessity therefor, the court to which an appeal is taken may
continue in force the award, judgment, or order appealed from, pending
its decision of such appeal.
Judgment on S e c . 56. Any party in interest may file in the circuit court of the
agreemen .
county in which the injury occurred a certified copy of a memorandum
of agreement approved by the board or of an order or decision of the
board, or of an award of the board unappealed from, or of an award of
the board rendered upon an appeal, whereupon said court shall render
judgment in accordance therewith and notify the parties. Such judg
ment shall have the same effect and all proceedings in relation thereto
shall thereafter be the same as though said judgment had been rendered
in a suit duly heard and determined by said court.
Any such judgment of said circuit court unappealed from or affirmed
on appeal or modified in obedience to the mandate of the appellate

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court, shall be modified to conform to any decision of the board, ending,
diminishing, or increasing any weekly payment under the provisions
of section 21 of this act, upon a presentation to it of a certified copy of
such decision.
S e c . 57. If the board or any court before whom any proceedings are Costs,
brought under this act shall determine that such proceedings have been
brought, prosecuted, or defended without reasonable ground, it may
assess the whole cost of the proceedings upon the party who has so
brought, prosecuted, or defended them.
Sec. 58. The board, or any member thereof, may, upon the applica- Medical
tion of either party, or upon its own motion, appoint a disinterested and nationsduly qualified physician or surgeon to make any necessary medical ex
amination of the employee and to testify in respect thereto. Said physi
cian or surgeon shall be allowed traveling expenses and a reasonable fee
to be fixed by the board, but not exceeding $10 for each examination
and report, but the board may allow additional reasonable amounts in
extraordinary cases.
The fees and expenses of such physician or surgeon shall be paid out
of the maintenance fund.
Sec. 59. All fees of attorneys and physicians and charges of hospitals Fees,
under this act shall be subject to the approval of the board. No attor
ney’s fees shall be allowed or approved against any party or parties not
represented by such attorney, nor exceeding an amount equal to 15 per
cent of the amount of the first $1,000 or fraction thereof recovered, or 10
per cent of the excess of such recovery, if any, over $1,000. The board
may deny or reduce an attorney’s fee upon proof of solicitation of em
ployment.
S e c . 60. All questions arising under this act, if not settled by agree- Disputes
ment of the parties interested therein, with the approval of the board,
shall be determined by the board except as otherwise herein provided for.
S e c . 61. Every employer subject to this act shall hereafter keep Injuri£s
a record of all injuries, fatal or otherwise, received by his em- repor e ’
ployees in the course of their employment. Within one week after
the occurrence and knowledge thereof, as provided in sections 33
to 36, of an injury to an employee, causing his absence from work
for more than one day, a report thereof shall be made in writing
and mailed to the board on blanks to be procured from the board for the
purpose.
Upon the termination of the disability of the injured employee, or if
the disability extends beyond a period of 60 days, then also at the ex
piration of such period the employer shall make a supplementary re
port to the board on blanks to be procured from the board for the
purpose.
The said report shall contain the name, nature, and location of the
business of the employer, and the name, age, sex, wages, and occupation
of the injured employee, and shall state the date and hour of the acci
dent causing the injury, the nature and cause of the injury, and such
other information as may be required by the board.
Any employer subject to this act who refuses or willfully neglects to
make the report required by this section shall be liable for a fine of not
more than $25 for each such refusal or neglect.
S e c . 62. Any person who shall knowingly file, cause to be filed, or
False
permit to be filed, any false or fraudulent claim on his behalf to com*
pensation or other benefits under this act, or who shall by fraud, deceit,
or misrepresentation procure or cause to be made or shall receive any
payments of compensation or other benefits under this act to which the
recipient is not lawfully entitled, or shall conspire with, aid, or abet
another so to do, shall be guilty of a misdemeanor.
Any person who shall by deceit or misrepresentation and with intent
to defraud, cause or procure or conspire with, aid or abet another in so
causing or procuring any person entitled to compensation or other
benefits under this act to omit to file claim thereto or to accept the pay
ment of a less sum than that to which he may be lawfully entitled to
thereunder shall be guilty of a misdemeanor.
Any person guilty of a misdemeanor as defined in this section shall,
upon conviction, be punishable by a fine of not less than $50 nor more
J77982°—21— Bull. 272 ------33

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than $500, or imprisonment of not less than 10 nor more than 90 days,
in the discretion of the jury.
Insurance.
S e c . 63. Every employer under this act shall either insure and k e e p
insured his liability for compensation hereunder in some corporation,
association, or organization authorized to transact the business of work
men’s compensation insurance in this State, or shall furnish to the
board satisfactory proof of his financial ability to pay direct the com
pensation in the amount and manner and when due as provided for in
this act. In the latter case the board shall require the deposit of an
acceptable security, indemnity, or bond to secure to such an extent as
the board may direct the payment of compensation liabilities as they
are incurred.
Every employer accepting the provisions of this act shall at the time
of such acceptance file with the board in substantially the form pre
scribed by it, and annually thereafter, or as often as may be neces
sary, evidence of his compliance with the provisions of this section and
all others relating thereto. Until these provisions are complied with
the employer shall, from the date of his acceptance of the act, be liable
to an employee either for compensation under this act or at law in
the same manner as if the employer had refused to accept the pro
visions of this act. Claim of compensation in such cases shall be
deemed a waiver of the right to proceed at law and the institution of an
action at law shall be deemed a waiver of all claim to compensation.
Self-insurers.
S e c . 64. Whenever an employer has complied with the provisions of
section 63 relating to self-insurance, the board shall issue to such em
ployer a certificate which shall remain in force for a period fixed by the
board, but the board may upon at least 60 days’ notice and a hearing to
the employer, revoke the certificate upon satisfactory evidence for such
revocation having been presented. The board may thereafter, upon
upon petition of the employer and a hearing, grant a new certificate,
but the employer shall not, as a matter of right, be entitled to a hearing
for this purpose sooner than six months after a previous revocation of
his certificate.
Authorization to make payments of compensation direct may be
granted either as to the employer’s entire risk or as to such part or
class thereof as the board may direct in its certificate. In the latter
case the board shall determine the extent to which and the manner
in which the remainder of his said risk shall be insured. ^ Any em
ployer authorized to make payments of compensation direct may,
for his own protection, independently insure the whole or any part or
character of such payments.
Mutual insur- S e c . 65. For the purposes of complying with the provisions of section
ance*
63, groups of employers are hereby authorized to form either among
themselves or with employers in other States mutual insurance asso
ciations or reciprocal or interinsurance exchanges, subject to the general
laws of this State relating to such mutual insurance associations or
reciprocal or interinsurance exchanges and such reasonable conditions
and restrictions, not inconsistent therewith, as may be fixed by the
board. Membership in such mutual insurance associations or recipro
cal or interinsurance exchanges so approved, together with evidence
of the payment of premiums due, shall be evidence of compliance
with section 63.
The board shall have power in any case to require any mutual
insurance association or reciprocal or interinsurance exchange to
purchase an annuity or to effect reinsurance with a company authorized
to transact insurance in this State or to make such deposit with a bank
or trust company of this State as shall in either case be approved by
said board for the purpose of fully securing the payment of all deferred
installments upon any claim for compensation. *
Any unreasonable failure or delay in securing the payment of any
deferred installments of compensation after request has been made by
such board as provided in this action [section], shall, when reported to
the insurance commissioner, constitute grounds for suspension or revo
cation of the insurer’s license to do business in this State.
B e n e f i t
sc emes.

S e c . 66. S u b je c t to th e ap p rova l of th e b oard , a n y e m p lo y e r m a y
en ter in to or co n tin u e a n y a g reem en t w ith his e m p lo y e e to p ro v id e a
sy ste m of com p e n sation , b en e fit, or in suran ce in lie u of th e c o m p e n sa -

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tion and insurance provided by this act. No such substitute system
shall be approved unless it confers benefits upon injured employees at
least equivalent to the benefits provided by this act, nor if it requires
contributions from the employees, unless it confers benefits in addition
to those provided under this act at least commensurate with such con
tributions.
Such substitute system may be terminated by the board on reasona
ble notice and hearing to the interested parties if it shall appear that
the same is not fairly administered, or if its operation shall disclose
latent defects threatening its solvency, or if for any substantial reason
it fails to accomplish the purpose of this act; and in this case the board
shall determine upon the proper distribution of all remaining assets, if
any, subject to the right of any party in interest to take an appeal to
the courts.
S e c . 67. All policies insuring the payment of compensation under Provisions of
this act must contain a clause to the effect that as between the em- P°llcies*
plover and the insurer the notice to or knowledge of the occurrence of
the injury on the part of the insured shall be deemed notice or knowl
edge, as the case may be, on the part of the insurer; that jurisdiction
of the insured for the purpose of this act shall be jurisdiction of the
insurer; and that the insurer shall in all things be bound by and subject
to the awards, judgments, or decrees rendered against such insured.
^Sec. 6 8 . No policy of insurance against liability for compensa- Same,
tion arising under this act shall be issued unless it contains the
agreement of the insurer that it will promptly pay to the person
entitled to same all benefits conferred by this act, and all install
ments of the compensation that may be awarded or agreed upon,
and that the obligation shall not be affected by any default in the giving
of any notice required by such policy, or otherwise. Such agreement
shall be construed to be a direct promise by the insurer to person en
titled to compensation enforceable in his name.
S e c . 69. Every policy for the insurance of the compensation herein Act controls,
provided against liability therefor shall be deemed to be made subject
to the provisions of this act. No corporation, association, or organizaf
tion shall enter into any such policy of insurance unless its form shall
have been approved by the board.
S e c . 70. Every policy or contract of workmen’s compensation insur- Entire liability
ance under this act issued or delivered in this State shall cover the covere •
entire liability of the employer for compensation under this act to each
and all of his employees covered by such policy, except as otherwise
provided in section 64 hereof, regardless of whatever other contingencies
may be insured or provided for by riders attached thereto or indorse
ments made thereon. On the face of every such policy shall be printed
conspicuously the words, “ Insurance under this policy is in class
(designating the same) of the company’s workmen’s compensation
classification manual,” and in the blank thus provided the number or
other designation in said manual under which the said policy is written
shall be placed before the policy is issued. If more than one class of
risk be covered by the same policy, the separate risks and their corre
sponding manual classifications shall be stated in the same manner.
S e c . 71. No such policy of insurance or rider to be used therewith fil^ rms t0 be
shall be issued or delivered until a copy of the form thereof has been e
filed with the commissioner of insurance at least 30 days prior to such
issue or delivery, unless before the expiration of 30 days the said com
missioner shall have approved the form thereof in writing; nor if the Approval,
commissioner of insurance notifies the company in writing that in his
opinion the form of said policy or rider does not comply with the laws of
this commonwealth, specifying fully the reasons for his opinion: Pro
vided, That upon petition of the company the decision of the said
commissioner shall be subject to review by the Franklin circuit court
and to appeal therefrom to the court of appeals.
S e c . 72. The rates charged by all carriers of insurance, including the Rates,
parties to any mutual, interindemnity, interinsurance, reciprocal, or
other plan or scheme, writing insurance against the liability for com
pensation under this act, for insurance against such liability and against
the liability of employers to employees where either or both have not
elected to furnish or accept compensation under this act, shall be fair,

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reasonable, and adequate, with due allowance for merit rating, and all
risks of the same kind and degree of hazard shall be written at the same
rate by the same carrier. No policy of insurance against liability for
compensation under this act shall be valid until the rate thereof has
been approved by the board, not shall any such carrier of insurance
write any such policy or contract until its basic and merit rating
schedule have been filed with, approved, and not subsequently disap
proved by the board. Each such insurance carrier shall report to the
board [sic] State insurance commissioner in accordance with such
reasonable rules as the State insurance commissioner may at any time
prescribe, for the purpose of determining the solvency of the carrier,
and the adequacy of its rates; for such purposes the board or State
insurance commissioner may inspect the books and records of such
insurance carrier, and examine its officers, agents, and directors under
oath.
Election—
S e c . 73. Election to operate under the provisions of this act shall be
effected by the employer by filing with the board the following notice,
to wit:
By employer;
<i (Name of employer) elects to operate under the provisions of chapter
33, acts of 1916, commonly known as the Workmen’s Compensation Act,
this election being effective as of the day o f ------------------ and covering
(here insert name of industry, business, or operation on which election
is made.)”
In addition to the name of each industry, business, or operation as to
which such election is filed, there shall also be stated in the notice with
reference thereto ( 1) its location and address of chief office, ( 2 ) average
number of employees during preceding 12 months, (3) kind of business
being conducted, (4) method of securing payments of compensation to
employees which the employer elects to adopt.
Such notice shall be in writing and signed by the employer, if an
individual, by any partner if a partnership, or by the chief officer or
agent within this State if a corporation.
S e c . 74. Election to operate under the provisions of this act shall be
effected by the employee by signing the following notice, to wit:
By employees.
“ I hereby agree with (name of employer) to accept the provisions of
chapter 33, acts of 1916, commonly known as the Kentucky Workmen’s
Compensation A ct.”
The election shall be effective from and including the date of signing,
which shall be inserted opposite the employer’s signature, In case an
employee be unable to write, his mark shall be witnessed by a third
person, who shall at the time read the notice to the employee. Any
number of employees may sign the same notice: Provided, That there be
conspicuously written or printed at the top of each page thereof on which
signatures appear a copy of the above form of notice. If the employ
ment be intermittent or be temporarily suspended, the original accept
ance of the employee shall continue effective in subsequent employ
ment under the same employer.
Identification of such signature or mark of the employee shall con
stitute conclusive proof of his election to operate under the provisions
of this act in any hearing or proceeding in which such election may be
material or in issue.
Notices to be
s EC. 75. All such notices of election by employees shall, when executed, be preserved by the employer during the continuation of the
employment of those employees whose names are subscribed thereto.
Any person who shall, with fraudulent intent, willfully destroy, con
vert, or secrete any such notice, or willfully deprive the owner or his
agent thereof, or erase or obliterate any part thereof, shall be guilty of a
misdemeanor and upon conviction be punishable by a fine of not less than
$50 nor more than $200, or imprisonment of not less than 10 days nor
more than 90 days, in the discretion of the jury.
Withdrawal.
S e c . 76. At any time after electing to operate under the provisions
of this act either party may withdraw such election, the employer by
filing written notice with the board stating the date when such with
drawal is effective and the industry, business, or operation covered
thereby, by personal written notice to the employee or posting in con
spicuous places about such place of business not less than one week
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copies of such notice of withdrawal; the employee desiring to with
draw such election shall file with the employer a written notice of
withdrawal, stating the date when such withdrawal is to become
effective. Following the filing or giving of such notices, the status of
the party withdrawing shall become the same as if his former election
had not been made: Provided, however, That withdrawal shall not be
effective as to an injury sustained less than one week after the filing
thereof.
An employer, while operating under the provisions of this act, shall Acceptance to
at all times keep posted in conspicuous places about his place of busiP°stedness notices to that effect, in such form as may be prescribed by the
board.
S e c . 76a. Every employer affected by the provisions of this act who
Defenses abrodoes not elect to operate thereunder shall not, in any suit at law by an gatedemployee or his representative to recover damages for personal injury
or death by accident arising out of and in the course of his employment,
be permitted to defend any such suit at law upon any or all of the
following grounds:
\
(1) That the employee was guilty of contributory negligence.
(2 ) That the injury wTas caused by the negligence of a fellow servant
of the injured employee.
(3) That the employee has assumed the risk of injury.
Sec. 76b. Every employee affected by the provisions of this act Suits at law.
who does not elect to operate thereunder, and his representative
in case of death, shall, in any suit at law to recover damages for per
sonal injury or death by accident arising out of and in the course of
his employment against an employer electing to operate under the
provisions of this act, proceed at law as if this act had not been enacted,
and the employer may avail himself of the defenses of contributory
negligence, negligence of a fellow servant, and assumption of risk as
such defenses now exist at common law.
Sec. 77. No agreement by any employee to pay any portion of the P a y m e n t of
insurance premium paid by his employer shall be valid, and any em- Premminsployer who deducts any portion of such premium from the wages or
salary of any employee entitled to the benefits of this act shall be
guilty of a misdemeanor and upon conviction thereof shall be fined
not mo?e than $ 10 0 for each offense.
S e c . 78. Upon the request of the board, the attorney general, or,
Prosecutions,
under his direction, the Commonwealth’s attorney or county attorney
of any county, shall institute and prosecute the necessary actions or
proceedings for the enforcement of any of the provisions of this act
arising within the county or counties of their respective jurisdictions,
and shall defend in like manner all suits, actions, or proceedings
brought against the board or the members thereof in their official
capacity.
S e c . 79. The board shall prepare and furnish, free of charge, blank
Forms,
forms and provide its rules for their distribution, so that the same may
be readily available, of all notices, claims, reports, proofs, and other
blank forms and literature which it may deem proper and requisite to
the efficient administration of this act. It may authorize the publica
tion and distribution of such blanks by employers and their insurers in
manner and form provided by it.
S e c . 80. Annually on or before the 15th day of December the Annual reports,
board shall make a report to the governor for the preceding fiscal
year, which shall include a statement of the number of awards made
and of claims rejected by it, a general statement of the causes of
accident leading to the injuries for which awards were made or re
jected claims based, and a detailed statement of the disbursements
from, and unpaid expenses chargeable against, the maintenance fund
and its condition, together with any other information which the
board deems proper to call to the attention of the governor, including
any recommendations it may have to make, and it shall be the duty
of the board to publish and distribute among employers and employees
such general information as to the business transacted by the depart
ment as may be useful and necessary: Provided, however, That an abuse
of such right to so publish and distribute information shall constitute
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The annual report shall not exceed 500 copies. All printing of the
department shall be done by the contractor or contractors for public
printing, subject to such provisions of the general laws governing
public printing as may be applicable thereto, and shall be paid for
out of any funds in the State treasury not otherwise appropriated.
Act in effect.
S e c . 81. This act shall become effective on the 1st day of August,
1916, except as to sections 39 to 47, hereof, both inclusive, relating to
the appointment of the board and their rights, powers, and duties, an
emergency is declared to exist, and the same shall become effective on
the 1st day of April, 1916.
Elections by employers and employees and contracts of insurance
entered into m conformity with the provisions of this act, between
April 1 , 1916, and August 1, 1916, to become effective on or after
August 1, 1916, shall be valid and enforceable.
Salaries and exS e c . 82. For the purpose of paying the salaries and expenses of the
penses.
board and its necessary employees in making preparation and putting
this act into operation the sum of $7,500 is hereby appropriated, pay
able out of any funds in the State treasury not otherwise appropriated.
All claims for salaries or expenses, when approved by resolution of the
board, and countersigned by the chairman thereof, shall be presented
to the auditor of public accounts, who shall issue his warrant in pay
ment thereof. All such claims shall show to whom and for what service,
material, or other things or reason such amounts are to be paid and
shall be accompanied by voucher checks or receipts covering the
same except as to items of less than $1 .
Administrative
S e c . 83. For the purpose of paying the salaries and necessary
fund*
expenses of the board and its assistants and employees in administering
and carrying out the provisions of this act an administrative fund shall
be created and maintained in the following manner:
Tax on premS u b s e c t io n 1. Every person, partnership, association, corporation,
tarns.
whether organized under the laws of this or any other State or country,
company, mutual company, or association, the parties to any interin
demnity contract or reciprocal plan or scheme, and every other in
surance carrier, insuring employers in the State against liability for
personal injuries to their employees, or death caused thereby, under
the provisions of this act, shall, as hereinafter provided, pay a tax upon
the premiums received, whether in cash or notes, in this State or on
account of business done in this State, for such insurance in this State,
at the rate of 4 per cent of the amount of such premiums, which tax
shall be in lieu of all other taxes on such premiums, which tax shall be
assessed and collected as hereinafter provided: Provided, however,
That such insurance carriers shall be credited with all canceled or re
turned premiums actually refunded during the year on such insurance,
and with premiums, on reinsurance with companies authorized and
licensed to transact business in Kentucky, which reinsurance shall be
reported by the reinsurer; but no credit shall be allowed for rein
surance in companies not licensed to transact business in Kentucky.
Returns by inS u b s e c . 2. Every such insurance carrier shall, for the six months
surers.
ending October 31, 1916, for the eight months ending June 30, 1917,
and annually thereafter, make a return verified by the affidavit of its
president and secretary, or other chief officers or agents, to the com- j
missioner of insurance, stating the amount of all such premiums and
credits during the period covered by such return. Every insurance
carrier required to make such return shall file the same with the com
missioner of insurance within 30 days after the close of the period
covered thereby and shall at the same time pay into the State treasury
a tax of $4 on each $100 of such premium ascertained as provided in
subsection 1 hereof, less returned premiums on canceled policies and
reinsurance with other companies licensed to transact business in this
State, and upon payment file a statement with the secretary of state.
Upon receiving such payments the State treasurer shall place the whole
thereof to the credit of the fund for the administration of this act.
Failure to pay.
S u b s e c . 3. If any such insurance carrier shall fail or refuse to make
the return required by this act, the said commissioner of insurance
shall assess the tax against such insurance carrier at the rate herein
provided for, on such amount of premiums as he may deem just, and

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the proceedings thereon shall be the same as if the return had been
made.
S u b s e c . 4. If any such insurance carrier shall withdraw from Collection,
business in this State before the tax shall fall due, as herein provided,
or shall fail or neglect to pay such tax, the commissioner of insurance
shall at once proceed to collect the same, and he is hereby empowered
and authorized to employ such legal process as may be necessary for
that purpose, and when so collected he shall pay the same into the
State treasury. The suit may be brought by the commissioner of in
surance, in his official capacity, in any court of this State having
jurisdiction; reasonable attorney’s fees may be taxed as costs therein,
and process may issue to any county of the State, and may be served
as in civil actions, or in cases of unincorporated associations, partner
ships, interindemnity contracts, or other plan or scheme, upon the
principal agent of the parties thereto.
S u b s e c . 5. Any person or persons who shall in this State act or as- Violations,
sume to act as agent for any such insurance carrier whose authority to do
business in this State has been suspended, while such suspension re
mains in force, or shall neglect or refuse to comply with any of the pro
visions of this section obligatory upon such persons or party, or who
shall willfully make a false or fraudulent statement of the business or
condition of any such insurance carrier or false or fraudulent return as
herein provided, shall be deemed guilty of a misdemeanor, and upon
conviction shall be punished by a fine of not less than $100 nor more
than $1,000, or by imprisonment for not less than 10 nor more than 90
days, or both such fine and imprisonment, in the discretion of the
jury.
Notice.
S u b s e c . 6 . Whenever by this act any officer is required to give any
notice to an insurance carrier, the same may be given by delivery or
bv mailing by registered letter properly addressed and stamped, to the
principal office or chief agent of such insurance carrier within this State,
or to its home office, or to the secretary, general agent, or chief officer
thereof in the United States.
S u b s e c . 7. Any insurance carrier liable to pay a tax upon premiums One tax.
under this act shall not be liable to pay any other or further tax upon
such premiums, or on account thereof, under any other law of this
State.
Subsec . 8. Every employer carrying his own risk under the pro Self-insurers.
visions of section 63 shall, under oath, report to the board his pay roll
■subject to the provisions of this act. Such report shall be made in
form prescribed by the board and at the times herein provided for
premium reports by insurer. The board shall assess against such pay
roll a maintenance fund tax computed by taking 4 per cent of the basic
premiums chargeable against the same or most similar industry or
business, taken from the manual insurance rates for compensation then
in force in this State.
S ubsec ; 9. The board shall not be authorized to incur expenses or Limit on exindebtedness during any period, chargeable against the maintenance Pensesfund, in excess of the premium tax payable to such fund for the same
period. If it be ascertained that the tax collected for a given period
exceeds the total expense chargeable against the maintenance fund
under the provisions of this act, the board may authorize a correspond
ing credit upon collections for the succeeding period.
S e c . 84. For the purpose of carrying out the provisions of this act,
Employees inassociaand of affording to employers a method of insuring their liability as
required thereby, the Kentucky Employees’ Insurance Association
is hereby created a body corporate with the powers herein and with all
the general corporate powers incident thereto.
S e c . 85. The board of directors of the association shall consist of 15 Directors,
members thereof, three of whom shall be appointed by the governor,
and 12 of whom shall be elected by ballot of the subscribers, in accord
ance with section 207 of the constitution. Of the original directors
appointed by the governor, one shall be appointed for one year, one
for two years, and one for three years; annually thereafter one director
shall be appointed for a term of three years. Election of directors by
the subscribers shall be held at such times and in such manner as the
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Sec. 8 6 . The appointed directors shall, within 30 days of the sub
scription of 25 employers, call the first meeting of the subscribers by a
notice in writing mailed to each subscriber at his place of business not
less than 10 days before the date fixed for the meeting.
Powers of direcSec. 87. At the first meeting of the subscribers the remaining 12
tors.
directors shall be elected. The board of directors may thereafter exer
cise power as such and may adopt by-laws not inconsistent with the
provisions of this act.
Officers.
Sec. 8 8 . The board of directors shall annually choose by ballot a
president, who shall be a member of the board, a secretary, a treasurer,
and such other officers as the by-laws shall provide.
Quorum.
Sec. 89. Seven or more of the directors shall constitute a quorum
for the transaction of business.
Vacancies in any office may be filled in such manner as the by-laws
shall provide.
Subscribers.
Sec. 90. Any employer in the Commonwealth may become a sub
scriber.
Votes.
Sec. 91. In any meeting of the subscribers each subscriber shall be
entitled to one vote, and if a subscriber has 250 employees to whom the
association is bound to pay compensation he shall be entitled to two
votes, and he shall be entitled to one additional vote for each addi
tional 250 employees to whom the association is bound to pay compen
sation, but no subscriber shall cast by his own right or by the right of
proxy more than 10 votes.
Issue of policies.
Sec. 92. No policy shall be issued by the association until [not] less
than 50 employers have subscribed who have not less than 5,000 em
ployees to whom the association may be bound to pay compensation.
Matter to be
Sec. 93. No policy shall be issued until a list of the subscribers, with
ledthe number of employees of each, together with such other information
as the insurance commissioner may require, shall have been filed at
the insurance department, nor until the president and secretary of the
association shall have certified under oath that every subscription in the
list so filed is genuine and made with an agreement by every subscriber
that he will take the policies subscribed for by him within 30 days of the
granting of a license to the association by the insurance commissioner
to issue policies.
Classification.
Sec . 94. The board of directors shall distribute the subscribers into
groups in accordance with the nature of the business and the degree of
the risk of injury.
Subscribers within each group shall annually pay in cash, or notes'
absolutely payable, such premiums as may be required to pay the
compensation”herein provided for the injuries which may occur in
that year.
Contingent liaSec. 95. The association may in its by-laws and policies fix the contingent mutual liability of the subscribers for the payment of losses
and expenses not provided for by its cash funds; but such contingent
liability of a subscriber shall not be less than an amount equal to and
in addition to the cash premium.
Assessments.
Sec. 96. If the association is not possessed of cash funds above its
unearned premiums sufficient for the payment of incurred losses and
expenses, it shall make an assessment for the amount needed to pay
such losses and expenses upon the subscriber liable to assessment
therefor in proportion to their several liability.
Every subscriber shall pay his proportional part of any assessments
which may be laid by the association, in accordance with law and his
contract, on account of injuries sustained and expenses incurred while
he is a subscriber.
Dividends.
Sec. 97. The board of directors may, from time to time, by vote,
fix and determine the amount to be paid as a dividend upon policies
expiring during each year after retaining sufficient sums to pay all the
compensation which may be payable on account of injuries sustained
and expenses incurred.
All premiums, assessments, and dividends shall be fixed by and for
groups as heretofore provided in accordance with the experience of
each group, but all the funds of the association and the contingent
liability of all the subscribers shall be available for the payment of any
claim against the association.
First

meeting.

COMPENSATION LAWtS OF TH E UNITED STATES.

TEXT OF LAW S---- K E N T U C K Y .

Sec. 98. Any proposed premium, assessment, dividend, or distribution of subscribers shall be filed with the insurance department and
shall not take effect until approved by insurance commissioner after
such investigation as he may deem necessary.
Sec. 99. The board of directors shall make and enforce reasonable
rules and regulations for the prevention of injuries on the premises of
subscribers, and for this purpose the inspectors of the association shall
have free access to all such premises during regular working hours.
Any subscriber or employee aggrieved by any such rule or regulation
may petition the workmen’s compensation board for a review, and it
may affirm, amend, or annul the rule or regulation.
Sec. 1 0 0 . If any officer of the association shall falsely make oath to
any certificate required to be filed with the insurance commissioner
he shall be guilty of perjury.
Sec. 102. The rule of law requiring strict construction of statutes in
derogation of the common law shall not be applicable to the provisions
of this act. If any section or part thereof shall be held invalid, such
partial invalidity shall not affect the act as a whole or any other section
or part thereof.
Approved March 23, 1916.

521
Premiums,etc.;
approved,

Rules,

Perjury,

Construction,

LOUISIANA.
ACTS OF 1914.
No. 20 .— Compensation of workmen for injuries.
S e c t io n 1 . This act shall apply only to the following:
Scope of law.
i. Every person in the service of the State, or of any parish, townPublic employ- ship, incorporated village or city, or other political subdivision, or

ees*

Hazardous
pioyments.

incorporated public board or commission in this State authorized by
law to hold property and to sue and be sued, under any appointment
or contract of hire, express or implied, oral or written, except an
official of the State, or of any parish, township, incorporated village
or city, or other political subdivision, or incorporated public board or
commission in this State authorized by law to hold property and to sue
and be sued; and for such employee and employer the payment of
compensation, according to and under the terms, conditions, and pro
visions hereinafter set out in this act, shall be exclusive, compulsory,
and obligatory: Provided, That one employed by a contractor who has
contracted with the State, parish, township, incorporated village or
city, or other political subdivision, or incorporated public board or
commission in the State, through its proper representative, shall not
be considered an employee of the State, parish, township, incorporated
village or city, or other political subdivision, or incorporated public
board ore ommission.
2.
Every person performing services arising out of and incidental to
his employment in the course of his employer's trade, business or
occupation in the following hazardous trades, businesses, and occupa
tions :
em(«) The operation, construction,, repair, removal, maintenance and
demolition of railways and railroads, vessels, boats, and other water
crafts, terminal docks, street railways, factories, mills, including rice
mills, cotton oil mills, sawmills, shingle mills, planing mills and syrup
mills, power laundries, power bakeries, foundries, forges, smelters,
blast furnaces, machine shops, coke-burning plants, lime-burning
plants, bleaching works, dyeing works, potteries, phosphate and sul
phur works, rendering works, slaughterhouses, meat-packing plants, ice
plants, warehouses, marble or stone cutting or polishing plants, ship
building and ship-repairing plants and yards, mines, mining plants,
quarries, oil, gas, sulphur, salt or other wells, heating plants, lighting
plants, power plants, waterworks, pumping works, coal yards, lumber
yards, building material yards, derricks, bridges, junk yards, malt
houses, breweries, freight or passenger elevators, stockyards, harvest
ing machinery, thrashing machine, cotton gins, cotton compresses,
sugarhouses, sugar and other refineries, sash and door factories, wood
working establishments, printing and photo-engraving establishments,
book binding and general press work, skidders, engineering works;
rigging or coaling of vessels, or loading or unloading the cargoes of
vessels, logging and lumbering, storing ice, paving with asphalt or
other molten material, excavating or grading with power machinery,
or with the use of. an explosive, working in compressed air, dredging,
pile driving, boring, moving safes, chimney sweeping; the construc
tion, installation, operation, alteration, removal or repair of wires,
cables, switchboards or apparatus charged with electrical current;
work in any of the building or metal trades in the erection, construction,
extension, decoration, alteration, repair or demolition of any build
ing or structural appurtenances. Any occupation entailing the man
ufacture, transportation, care of, use of, or regular proximity to danger
ous quantities of gunpowder, dynamite, nitroglycerine and other like
dangerous explosives. The installation, repair, erection, removal or
operation of boilers, furnaces, engines, and other forms of machinery.

TEXT OF LAW S---- LOUISIANA.

“ Factory” means any premises wherein mechanical power is used

523
Definitions.

in manufacturing, making, altering, adapting, ornamenting, finishing,
repairing or renovating any article or articles for the purpose of trade
or gain, or of the business carried on therein.
“ Mine” means any opening into and beneath the surface of the
earth for the purpose of extracting any mineral or minerals, and all
underground workings, slopes, shafts, galleries, and tunnels, and
other ways, cuts and openings connected therewith, including those
in the course of being opened, sunk or driven; and includes also the
appurtenant structures at or about the openings of a mine and any
adjoining work place where the material from a mine is stored or
prepared for use or shipment.
“ Quarry” means any place, not a mine, including a bank or pit,
where shell, stone, slate, clay, sand, gravel, or other material is dug or
otherwise extracted from the earth or ground for the purpose of trade or
barter or of the employer’s trade or business; and includes also the
appurtenant structures at or about the openings of a quarry and any
adjoining work-place where the material from a quarry is stored or pre
pared for use or shipment.
“ Railways” and “ Railroads” also includes work in or about depots,
power houses, roundhouses, cars, locomotives, and all other appurte
nances, and in private yards, terminals, switches, etc., and work on
railroads for express companies.
Employments
3. If there be or arise any hazardous trade, business, or occupation Employments
or work other than these hereinabove enumerated, it shall come under 110 enumeratedthe provisions of this act. The question of whether or not a trade,
business, or occupation not named herein is hazardous may be deter
mined by agreement between the employer and employee or by sub
mission at the instance of either employer or employee to the judge of
the court which shall have jurisdiction over the employer in a civil
case. The decision of the court shall not be retroactive in its effect.
4. An employer and any employee in a trade, business, or occiipation Voluntary connot specified in paragraph 2 of this section and any one engaged in a tractstrade, business, or occupation that may not be determined to be hazard
ous under the operation of paragraph 3 of this section, may, prior to the
accident, voluntarily contract in writing to come under the benefit and
protection of the provisions of this act with the same force and effect as
though they had been specifically included instead of omitted.
S ec . 2 (as amended by act No. 38, acts of 1918). If an employee Compensation
employed as hereinabove set forth in paragraph 1 of section 1 (except Pa5rab e» wlien*
an employee who shall be eliminated from the benefit of this act for the
cause and reasons set forth in section 28 of this act) receives personal
injury by accident arising out of and in the course of such employment
his Employer shall pay compensation in the amounts and to the person
or persons hereinafter specified.
S ec . 3 (as amended by act No. 38, acts of 1918). This act, except Election,
sections 4 and 5, relating to defenses, shall not apply to any employer
or employee engaged in any trade, business, or occupation specified in
paragraph 2 of section 1, or in any that may be determined to be
hazardous under the operation of paragraph 3 of section 1, unless prior
to the injury they shall have so elected by agreement, either expressed
or implied, as hereinafter provided. Such an agreement shall be a
surrender by the parties thereto of their rights as against each other to
anjr method, form, or amount of compensation, or damages, or determi
nation thereof other than as provided in this act, and shall bind the
employee himself, his widow, and relatives, personal representatives,
heirs, and dependents as hereinafter defined, as well as the employer
and those conducting his business during bankruptcy and insolvency.
2 . [Obsolete.]
3. Every contract of hiring, verbal, written, or implied between an Presumptionas
employer or any employee engaged in any trade, business, or occupa- 0 con rac s*
tion specified in paragraph 2 of section 1 , or engaged in any trade, busi
ness, or occupation that may be determined to be hazardous under the
operation of paragraph 3 of section 1, made subsequent to the time pro
vided for this act to take effect, shall be presumed to have been made
subject to the provisions of this act, unless there be as a part of said con
tract an express statement in writing either in the contract itself or by

524

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written notice by either party to the other, that the provisions of this
act other than sections 4 and 5 are not intended to apply, and it shall be
presumed that the parties have elected to be subject to the provisions
of this act and to be bound thereby, unless such election be termi
nated as hereinafter provided.
Termination of
4. Any agreement or election, either express or implied, or presumed
agreements.
under the provisions of paragraph 2 or paragraph 3 of this section,be
tween an employer and any employee engaged in any trade, business,
or occupation specified in paragraph 2 of section 1, or engaged in any
trade, business, or occupation that may be determined to be hazardous
under the operation of paragraph 3 of section 1, for the operation of the
provisions of this act may be terminated by either party to the contract
of hiring giving written notice not less than thirty days prior to the acci
dent to the other party of such contract that the provisions of this act
other than sections 4 and 5 shall no longer apply.
Waiver of elec
5. Either an employee who has given notice to his employer in
tion.
writing as aforesaid or an employer who had given notice to his employee
in writing as aforesaid that he elects not to be subject 1o the provisions
of this act, may waive such election by a notice in writing which shall
take effect immediately.
Minors above
6 . Any employee of the age of eighteen and upwards engaged in
18.
any trade, business or occupation specified in paragraph 2 of section 1,
or engaged in any trade, business or occupation that may be deter
mined to be hazardous under the operation of paragraph 3 of section 1,
shall himself exercise the right of election or termination or waiver
authorized by this section. Such right of election or termination or
waiver shall be exercised on behalf of any employee under the age of
eighteen by either his father, mother, or tutor, or if neither of these
can readily be gotten to act, then by the court: Provided, That this
act shall not apply to employees of less than the minimum age pre
scribed by law for "the employment of minors in the trades, businesses,
or occupations specified in paragraph 2 of section 1, or that may be
determined to be hazardous under the operation of paragraph 3 of
section 1 .
Notice to par
7. Where notice is to be served upon one who is under the age of
ents.
eighteen years, said notice must be served upon either the father,
mother, or tutor of the said individual under the age of eighteen years.
Abrogation of
Sec . 4 (as amended by act No. 38, acts of 1918). If an employee has
defenses.
elected as aforesaid to come under this act and his employer has elected
as aforesaid not to come under this act, then if an action is brought by
the employee or his dependents to recover for personal injury sus
tained by the employee and arising out of and in the course of his
employment, after such election by the employer, it shall not be a
defense:
(a) That the employee assumed the risks inherent to or incidental
to or arising out of his employment, or the risks arising from the failure
of the employer to provide and maintain a reasonably safe place to
work or arising from the failure of the employer to furnish reasonably
safe tools and appliances, or that the employer exercised reasonable
care in selecting reasonably competent employees in the trade, busi
ness, or occupation.
(b) That the injury was caused by the negligence of a fellow em
ployee.
(c) That the employee was negligent.
And it shall be presumed that the injury to the employee was the
direct result and arose out of the negligence of the employer, and that
such negligence was the proximate cause of the injury; and in such
case the burden of proof shall rest upon the employer to rebut the
presumption of negligence, unless before the injury such election shall
have been waived as provided in paragraph 5 of section 3.
Defenses avail
Sec. 5 (as amended by act No. 38, acts of 1918). If an employer has
able, when.
elected as aforesaid to come under this act, and his employee has
elected as aforesaid not to come under this act, then if an action is
brought by the employee or his dependent to recover damages for
personal injury sustained by the employee and arising out of and in
the course of his employment, after such election by the employee,
the employer shall have all the defenses which he would have had if

TEXT OF LAW S— LOUISIANA.

525

this act had not been enacted, unless before the injury such election
shall have [been] waived as provided in paragraph 5 of section 3.
S e c. 6 (as amended by act No. 38, acts of 1918). 1 . Where any person Employees of
(in this section referred to as principal) undertakes to execu te any contractors‘
work, which is a part of his trade, business, or occupation or which he
had contracted to perform, £nd contracts with any other person (in this
section referred to as contractor) for the execution by or under the
contractor of the whole or any part of the work undertaken by the
principal, the principal shall be liable to pay to any employee em
ployed in the execution of the work or his dependent any compensa
tion under this act which he would have been liable to pay if that
employee had been immediately employed by him; and where com
pensation is claimed from or proceedings are taken against the prin
cipal, then, in the application of this act, reference to the principal
shall be substituted for reference to the employer, except that the
amount of compensation shall be calculated with reference to the
earnings of the employee under the employer by whom he is imme
diately employed.
2 . Where the principal is liable to pay compensation under this
section, he shall be entitled to indemnity from any person who would
have been liable to pay compensation to the employee or his depend
ent independently of this section and shall have a cause of action
therefor.
3. Nothing in this section shall be construed as preventing an
employee or his dependent from recovering compensation under this
act from the contractor instead of from the principal.
4. A principal contractor, when sued by an employee of a subcon
tractor or his dependent, shall have the right to call in that subcon
tractor or any intermediate contractor or contractors as defendant or
codefendant.
Sec. 7 (as amended by act No. 38, acts of 1918). When an injury for L i a b i l i t y of
which compensation is payable under this act shall have been suspersons,
tained under circumstances creating in some other person than the
employer a legal liability to pay damages in respect thereto, the injured
employee or his dependent may, at his option, either claim compen
sation under this act or obtain damages from or proceed at law against
such other person to recover damages; and if compensation is claimed
and awarded under this act an employer having paid the compensa
tion or having become liable therefor shall be subrogated to the rights
of the injured employee or his dependent to recover against that per
son, and may compromise the claim therefor in his discretion: Pro
vided, If the employer shall recover from such other person damages
in excess of the compensation already paid or awarded to be paid
under this act then any such excess shall be paid to the injured em
ployee or his dependent less the employer’s legitimate and reason
able expenses and costs of the action, which payment shall be credited
upon the balance of compensation, if any, that may become due
thereafter.
S e c . 8 (as amended by act No. 38, acts of 1918). 1. For injury proCompensation
ducing disability compensation shall be paid under this act to an
injured employee in accordance with the following schedule of pay
ments:
(а) For injury producing temporary total disability to do work of T em porary
any reasonable character, fifty-five per centum of wages during the total disat)i ity;
period of disability, not, however, beyond three hundred weeks.
( б) For the loss of both hands, or both feet, or both eyes, or one hand P er mancnt
and one foot, or any injury producing permanent total disability to do ota <Usa ili y;
work of any reasonable character, fifty-five per centum of wages during
the period of disability, not, however, beyond four hundred weeks.
(c) For injury producing partial disability to do work of any reason- Partial disabilable character, fifty-five per centum of difference between wages at the 1 y*
time of the injury and wages wiiich the injured employee is able to
earn thereafter during the period of disability, not, however, beyond
three hundred weeks.
(d) In the following cases the compensation shall be as follows:
For the loss of a thumb, fifty-five per centum of wages during fifty Schedule,
weeks.

528

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

For the loss of a first finger, commonly called the index finger,
fifty-five per centum of wages during thirty weeks.
For the loss of any other finger, or a great toe, fifty-five per centum
of wages during twenty weeks.
For the loss of any toe other than a great toe, fifty-five per centum of
wages during ten weeks.
*
For the loss of a hand, fifty-five per centum of wages during one
hundred and fifty weeks.
For the loss of an arm, fifty-five per centum of wages during two
hundred weeks.
For the loss of a foot, fifty-five per centum of wages during one
hundred and twenty-five weeks.
For the loss of a leg, fifty-five per centum of wages during one
hundred and seventy-five weeks.
For the loss of an eye, fifty-five per centum of wages during one
hundred weeks.
The loss of the first phalanx of a thumb, or of two phalanges of any
finger, or toe, shall be considered to be equal to the loss of one-half of
such member, and the compensatipn shall be one-half of the amount
above specified.
The loss of more than one phalanx of a thumb or more than two
phalanges of any finger or toe shall be considered as the loss of the
entire member: Provided, however, That in no case shall the amount
received for more than one finger exceed the amount provided in this
schedule for the loss of a hand, or the amount received for the loss of
more than one toe exceed the amount provided in this schedule for
the loss of a foot.
Amputation between the elbow and the wrist shall be considered as
the equivalent of the loss of a hand, and amputation between the
knee and the ankle shall be equivalent to the loss of a foot.
(e) In cases not falling within any of the provisions already made,
Disfigurement, where the employee is seriously permanently disfigured about the
face or head, or where the usefulness of a member or any physical
,
function is seriously permanently impaired, the court may allow
such compensation as is reasonable in proportion to the compensation
hereinabove specifically provided in the cases of specific disabilities
above named, not to exceed fifty-five per centum of wages during one
hundred w eeks.
Death.
2. For injury causing death within one year after the accident
weekly compensation shall be paid under this act for a period of three
hundred weeks to the following persons:
(а) If widow or widower alone, and no children, then to such widow
or widower twenty-five per centum of wages.
( б) If widow or widower and one child, then to such widow or
widower and child for their joint benefit, forty per centum of wages.
(c) If widow or widower and two or more children, then to such
widow or widower and children for their joint benefit, fifty-five per
centum of wages.
(d) If one child alone and no widow or widower, then to such child
twenty-five per centum of wages.
(e) If two children and no widow or widower, then to such children
forty per centum of wages.
( /) If three or more children and no widow or widower, then to such
children fifty-five per centum of wrages.
(g) If there be neither widow or widower nor child, then to the
father or mother of the deceased employee if actually dependent on the
deceased employee to any extent for support at the time of the injury
and death, twenty-five per centum of wages; if in such event both the
father and the mother of the deceased survive and were actually de
pendent on the deceased employee to any extent for support at the
time of the injury and death, fifty-five per centum of wages for their
joint benefit.
(h) If there be neither widow or widower nor children nor dependent
parent surviving the deceased employee entitled to compensation,
then to the brothers and sisters and other members of the family of the
deceased employee not hereinabove specifically provided for, if such
brother or sister or other member of the family not otherwise specifically

TEXT OF LAW S— LOUISIANA.

527

provided for was actually dependent on the deceased employee for sup
port to any extent at the time of the injury and death, twenty-five per
centum of wages for one brother or sister or other dependent member of
the family not otherwise provided for, and ten per centum additional
for each additional brother or sister or other dependent member of the
family not otherwise provided for, subject to a maximum of fifty-five
per centum of wages.
(i)
Whenever under this schedule compensation is due to several
persons in the same class, it shall be equally divided among them; and
where the aggregate of such compensation would exceed fifty-five per
centum of wages were the maximum limit not imposed, the compensa
tion due each individual shall be abated proportionately so as to bring
the total compensation within the limit.
O') Where there is a surviving widow or widower and a child or chil
dren entitled to compensation, the compensation above described shall
be paid entirely to the widow or widower for the common benefit of
such widow or widower and the child or children, and the appointment
of a tutor shall not be necessary. Where there is no surviving parent,
payment shall be made to the duly appointed tutor.
(Jc) Compensation shall be payable under this schedule to or on
account of any child or brother or sister or other dependent member of
the family not otherwise specifically provided for, only if and while
such child, brother, sister, or other dependent member of the family
not otherwise specifically provided for, is under the age of eighteen
years, unless such child, brother, sister or other dependent member of
the family is mentally or physically incapacitated from earning a
living.
(I)
No compensation shall be payable under this schedule to a widow
unless she be living with her deceased husband at the time of injury
and death, or be then actually dependent upon him for support. No
compensation shall be payable under this schedule to a widower unless
he be living with his deceased wife at the time of injury and death or
be at such time incapable of self-support and actually dependent upon
her for support.
(m) The terms “ child” and “ children” shall cover only legitimate
children or acknowledged illegitimate children, but shall include step
children, posthumous children and adopted children. The terms
“ brother” and “ sister” shall include stepbrothers and stepsisters,
and brothers and sisters by adoption.
(n) In all cases provided for in this schedule the relation of depend
ency must exist at the time of the injury and at the time of the death.
(o)
Should any dependent of a deceased employee die, or should the
* wh?n ° * *
widow or widower remarry, or should the widower become capable of
b*
self-support, or should any dependent not physically or mentally inca
pacitated from earning a living pass beyond the age of eighteen years,
the payments of the portion of the compensation theretofore due such
dependent or widow or widower shall cease. If the compensation
payable under this schedule to any person shall, for any cause, cease,
the compensation to the remaining persons entitled hereunder shall
thereafter be the same for the unexpired part of the period during which
their compensation is payable as would have been payable to them had
they been the only persons entitled to compensation at the time of the
death of the deceased employee.
(p) When weekly payments have been made to an employee before
his death, the compensation for dependents as provided for in this
schedule shall begin on the date of the last of such payments, and
shall not continue for more than three hundred weeks from the date of
injury.
3.
The term “ wages” as used in this act is defined to mean the daily Wages,
rate of pay at which the service rendered by the injured employee is
recompensed under the contract of hiring in force at the time of the
injury, and anything herein contained to the contrary notwithstanding,
the maximum compensation to be paid under this act shall be sixteen
dollars per week and the minimum compensation shall be three dollars
per week: Provided, That if at the time of the injury the employee was
receiving wages at the rate of three dollars or less per week, then the
compensation shall be full wages.

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4. No compensation shall be paid for the first week after the injury
is received, nor in any case unless the employer is notified thereof
within the period specified in section 11: Provided, however, That in
cases where disability from injury continues for six weeks or longer
after the injury is received, then after six weeks have elapsed com
pensation for the first week shall be paid.
Medical, etc., 5 . The employer shall in every case furnish the employee reasonable
aidmedical, surgical, and hospital service and medicines not to exceed
one hundred and fifty dollars in value, unless the employee refuses to
allow them to be furnished by the employer, and in every case of
death, the employer shall pay or cause to be paid the reasonable
Burial.
expenses of the burial of the employee, not exceeding one hundred
dollars.
Voluntary
6 . Any voluntary payments made by the employer or his insurer to
payments.
the injured employee, during the period of his disability, or to his
dependents, which, by the terms of this act, were not due and payable
when paid, may, subject to the approval of the court, be deducted from
the amount to be paid as compensation: Provided, That in case of dis
ability such deduction shall be made by shortening the period during
which compensation shall be paid, and not by reducing the amount of
the weekly payments.
Time etc., of
7 . Payments of compensation under this act shall be paid as near as
payments.
may
a|.
game times an(j places as wages were payable to the
injured employee before the accident; but a longer interval may be
substituted by agreement, with the approval of the court.
Lumpsums.
8 . The amounts payable as compensation may be commuted to a
lump-sum settlement at any time by agreement of the parties if ap
proved by the court as solely and clearly in the interest of the employee
or his dependent: Provided, That in making such lump-sum settlement
the payments due the employee or his dependent under this act shall
not be discounted at a rate greater than six per centum per annum. If
such lump-sum settlement be made without the approval of the court,
or at a discount greater than six per centum per annum even if ap
proved by the court, the employee or his dependents shall be at all
times entitled to demand and receive from the employer such addi
tional payments as may be due under this act, but upon the payment
of such lump-sum settlement, discounted at not more than six per
centum per annum and with the approval of the court, the liability
under this act of the employer making such payment shall be fully
satisfied.
Medical examiSec. 9 (as amended by act No. 38, acts of 1918). 1. An injured employee
nations.
shall submit himself to examination by a duly qualified medical prac
titioner provided and paid for by the employer, as soon after the acci
dent as demanded, and from time to time thereafter, as often as may
be reasonably necessary and at reasonable hours a,nd places, during the
pendency of his claim for compensation or during the receipt by him
of payment under this act.
2. It shall be the duty of the employer to cause such examination,
provided for in paragraph 1 of this section, to be made of the injured
employee immediately after knowledge or notice of the accident, and
to serve a copy of the report by his medical practitioner of such exami
nation upon the employee within six days after such examination. If
no such examination be made and report furnished by the employer
within that time, the employee shall furnish a report of the examina
tion made by his medical practitioner to the employer, for which the
employee shall be entitled to receive from the employer the sum of one
dollar. Upon the receipt by either party of such a report from the
other party, the party receiving it, if he "disputes such report or any
statement therein, shall notify the other party of that fact within six
days, otherwise such report shall be prima facie evidence of the facts
therein stated in subsequent proceedings under this act.
3. If there be any dispute thereafter as to the condition of the em
ployee, the court, upon application of either party, shall order an exami
nation of the employee to be made by a medical practitioner appointed
by the court at not to exceed ten dollars, and shall be paid in advance
by the applicant. Such medical examiner shall report his conclusions
from such examination to the court, and such report shall be piima
Waiting time.

TEXT OF LAW S---- LOUISIANA.

529

facie evidence of the facts therein stated in any subsequent proceed
ings under this act.
S ec . 10 (as amended by act No. 38, acts of 1918). If the employee
refuses to submit himself to a medical examination as provided in sec- Refusal to subtion 9, or in anywise obstructs the same, his right to compensation and
to take or prosecute any further proceedings under this act shall be
suspended until such examination takes place. And, when a right to
compensation is suspended no compensation shall be payable in respect
of the period of suspension.
Sec. 11 (as amended by act No. 243, acts of 1916). 1 . No proceeding Notice,
under this act for compensation shall be maintained unless notice of
the injury shall be given to the employer within six months after the
day of injury or death. Such notice may be given or made by any
person claiming to be entitled to compensation, or by some one in his
behalf.
S ec . 12 (as amended by act No. 38, acts of 1918). It shall be the Statement to
duty of the employer to cause to have printed and to keep posted at be posted,
some convenient and conspicuous point about the place of business
a notice reading substantially as follows: “ In case of accidental injury
or death the injured employee or some person claiming to be entitled
to compensation or some one acting in behalf of the injured employee or
person claiming to be entitled to compensation must give notice to
(here shall follow the name and address of the party) within six
months, and unless notice be given to the above party within six
months, no payments will be made under the law for such injury
or death.” In the event of the failure of the employer to keep posted
said notice, the time in which notice of the injury shall be given as
provided in section 11 shall be extended to twelve months from the
date of injury.
S ec . 13 (as amended by act No. 38, acts of 1918). The notice pro- Form of notice,
vided for in section 11 shall be made in writing and shall contain the
name and address of the employee, and shall state in ordinary lan
guage the time, place, nature, and cause of the injury, and shall be
signed by the person giving or making same. The notice may include
the claim.
S e c . 14 (as amended by act No. 38, acts of 1918). Any notice or To whom given,
claim under this act shall be given to the employer. If the employer
be a partnership, then the notice may be given to any one of the
partners. If the employer be a corporation, then the notice may be
given to any agent of the corporation on whom process may be
served, or to any officer of the corporation, or any agent in charge of
the business at the place where the injury occurred. If the em
ployer be a body politic then the notice may be given to the individual
connected with said body politic upon whom process may be served:
Provided, however, That in any case notice of accident may be given
to the person designated in the notice posted in accordance with sec
tion 12. Any such notice shall be given by delivering it or by sending
it by mail by registered letter addressed to the employer or his or its
hereinbefore designated officer or agent at his or its last known resi
dence or place of business.
S ec . 15. A notice given under the provisions of section 11 of this Sufficiency,
act shall not be held invalid or insufficient by reason of any inaccuracy
in stating the time, place, nature, or cause of the injury, or other
wise, unless it is shown that the employer was in fact misled to his
injury thereby. Want of notice or delay in giving notice shall not
be a bar to proceedings under this act if it be shown that the employer,
or his agent or representative, had knowledge of the accident, or that
the employer has not been prejudiced by such delay or want of notice.
Sec. 16 (as amended by act No. 38, acts of 1918). 1. In case an injured Incompetents,
employee is mentally incompetent or a minor or where death results from
the injury, in case any of his dependents as herein defined is mentally
incompetent or a minor, at the time when any right, privilege, or eleC'
tion accrues to him under this act, his duly qualified curator or tutor,
as the case may be, may, in his behalf, claim and exercise such right,
privilege, or election, and no limitation of time, in this act provided
1TT9S20—21— Bull. 272------ 34

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for, shall run, so long as such incompetent or minor has no curator or
tutor as the case may be.
Paym ents
2. Payment of compensation under this section by an employer to
valid.
a dependent subsequent in right to another or other dependents shall
protect and discharge the employer unless and until such dependent or
dependents prior in right shall have given the employer notice of his
or their claim. In case the employer is in doubt as to the respective
rights of rival claimants the employer may apply to the court to
decide between them.
Agreements.
S ec . 17 (as amended by act No. 38, acts of 1918). The interested
parties shall have the right to settle all matters of compensation be
tween themselves. But all agreements of settlement shall be reduced
to writing and shall be substantially in accord with the various pro
visions of this act, and shall be approved by the court. The agree
ment between employer and employee or his dependent shall be pre
sented to the court upon joint petition of employer and employee or
his dependent, which petition must be verified by both parties. The
settlement so approved shall be immediately entered as the judgment
of the court, and such judgment shall have the same force and effect
and may be satisfied as other judgments of the same court.
*j
Reference
to
S ec . 18. 1. In case of a dispute over, or failure to agree upon a claim
court.
for compensation between employer and employee, or the dependents
of the employee, either party may present a verified complaint to
the judge of the court which would have jurisdiction in a civil case, 1
or, where there is more than one judge of said court, then to either or ,
any of said judges of such court, setting forth the names and residences
of the parties and the facts relating to employment at the time of
injury, the character and extent of the injury, the amount of wages
being received at the time of the injury, the knowledge of the em
ployer or notice of the occurrence of said injury, and such other facts
as may be necessary and proper for the information of said judge, and
shall state the matter or matters in dispute and the contention of the
petitioner with reference thereto.
Hearings.
2. Upon the presentation of such complaint it shall be filed with the
clerk of the court and the judge shall fix by order a time and place for
the hearing thereof, not less than three (3) weeks after the date of the
filing of said complaint. A copy of said complaint and order shall be
served as summons in a civil action upon the adverse party within four
(4) days after filing the complaint; within seven (7) days after the
service of such complaint or petition the adverse party shall file an
answer to said petition, which shall admit or deny the substantial aver
ments of the petition, and shall state the contention of the defendant
with reference to the matter in dispute as disclosed by the petition.
The answer shall be verified in like manner as required for a complaint
or petition. The court in its discretion may grant f urther time for filing
the^ answer or hearing the complaint and allow amendments of said
petition and answer at any stage of the proceedings.
Procedure.
3. If the time fixed for filing answer or delay, granted for filing
answer by the respondent, has elapsed without an answer having been
filed, then upon simple request of petitioner the judge of the court
with whom the complaint or petition has been filed shall immediately
enter a judgment in favor of petitioner in accord with the facts set forth
in the verified petition filed by petitioner and the provisions of this act.
4.
If an answer has been filed by the respondent within the delays
allowed by law or granted by the court, or if no judgment has been en
tered as provided in the paragraph immediately above at the time fixed
for hearing, or any adjournment thereof, the said judge shall hear such
witnesses as may be presented by each party. Either party shall [have]
the right to be present at any hearing or to appear through an attorney
or any other agent. The judge shall not be bound by the usual common
law or statutory rules of evidence or by any technical or formal rules of
procedure other than as herein provided. The judge shall decide the
merits of the controversy as equitably, summarily and simply as may be.
Costs may be awarded by said judge in his discretion, and when so
awarded the same costs shall be allowed, taxed, and collected as are
allowed, taxed, and collected for like services and proceedings in civil

TEXT OF LAW S---- LOUISIANA.

531

cases. The judgment rendered by the court shall have the same force
and effect and may be satisfied as other judgments of the same court.
S ec . 19. 1. Either the employer or employee shall have the right to Appeals,
appeal to the proper appellate court from the judgment rendered as
provided in paragraph 3 of section 1, and in section 18. To such an
appeal preference in hearing shall be given by the appellate court such
as is given in causes in which the State is an interested party. Such
appeal may be prosecuted by either employer or employee without the
necessity of furnishing an appeal bond and shall suspend the operation
of the judgment appealed from.
S e c . 20 (as amended by act No. 38, acts of 1918). 1 . A judgment Modification of
of compensation may be modified at any time by subsequent agreement awards,
between- employer and employee or his dependent, with the approval
of the judge of die court that rendered the judgment sought to be modi
fied, or any time after one year after said judgment of compensation
shall have become operative, it may be reviewed by the judge of the
court that rendered the judgment sought to be modified upon the appli
cation of either employer of employee, on the ground that the incapacity
of the injured employee has subsequently diminished or increased,
such increase growing directly out of the injury for which compensation
has been allowed. In such case the provisions of paragraphs 1 and 3 of
section 9 with reference to medical examination shall apply.
Sec. 21 (as amended by act No. 243, acts of 1916). 1. All rights of Preference,
compensation granted by this act shall have the same preference and
priority for the whole thereof against the assets of the employer as is
allowed by law for any unpaid wages of the laborer. If it should be
made to appear to the satisfaction of the court in which a judgment for
compensation has been rendered that there is reasonable room for
uncertainty as to the financial responsibility of an employer against Security of paywhom a judgment of compensation has been finally rendered, and that merits,
such employer has not taken out insurance against his liability under
this act, the court may order such employer to furnish a bond, with
good and solvent surety, conditioned for the faithful payment of the
compensation decreed to be paid. From an order so rendered the
employer may appeal to the proper appellate court as provided in
section 19.
S e c . 22 . 1 . Claims or payments due under this act shall not be assign- Exemptions,
able and shall be exempt from all claims of creditors and from levy or
execution or attachment or garnishment except,under a judgment of
court for alimony in favor of a wife or ascendant or descendant. Fees
of attorneys and physicians for services under this act shall be reasonable
and measured according to the workman’s station and shall be approved
by the court.
Sec. 23. 1. No policy of insurance against liability arising under .Insurance poli*
this act shall be issued unless it contains the agreement of the insurer cies>
that it will promptly pay to the person entitled to compensation all
installments of the compensation that may be awarded or agreed upon,
and that the obligation shall not be affected by any default of the
insured after the injury, or by any default in the giving of any notice
required by such policy, or otherwise. Such agreement shall be
construed to be a direct obligation by the insurer to the person en
titled to compensation, enforceable in his name. No policy of in
surance against liability under this act shall be made unless such
policy shall cover the entire liability of the employer under this act.
S ec . 24. 1. All policies insuring the payment of compensation . Knowledge of
under this act must contain a clause to the effect that as between the msuredemployee and the insurer the notice to the insured or the knowledge
of the occurrence of the injury on the part of the insured shall be
deemed to be notice or knowledge on the part of the insurer, as the
case may bef that the jurisdiction of the insured for the purpose of
this act shall be the jurisdiction of the insurer; and that the insurer
shall in all things be bound by and subject to the awards, judgments,
or decrees rendered against such insured.
S ec . 25. 1. If any employer shall carry insurance against liability Rights of beneunder this act, and said employer shall be or become insolvent, or iciarieb*
any execution upon a judgment for compensation is returned unsatis
fied, an employee of such employer, or the dependents of a deceased em-

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ployee who shall be entitled to payments under this act may enforce
their claim to payments against the insurer of such employer to the
same extent that the employer could have enforced his claim against
such insurer had he made such payments, any provision contained
in any policy or agreement of insurance written after the date of the
approval of this act to the contrary notwithstanding. And the mak
ing of accrued payments to the person entitled thereto, in accordance
with the provisions of this act, shall relieve such insurer from liability.
Policies subject
Sec. 26. 1. Every policy for the insurance of the compensation
t0 Jfctherein provided for, or against liability therefor, shall be deemed to
be made subject to the provisions of this act. No company or asso
ciation shall enter into any such policy of insurance unless its form
shall have been approved by secretary of state of Louisiana.
Additional
Sec. 27 (as amended by act No. 38. acts of 1918). 1. An employer and
benefits.
employee who have elected to come under the provisions of this act
or who may be under the provision of this act as provided for in para
graph 1 , section 1 , may by written agreement between themselves
provide for compensation, in event of injury to an employee, over
and above the compensation to be awarded under the provisions of
this act. Such additional compensation may be provided for by
the employer insuring his liability therefor in any insurance com
pany or association authorized to do business in the State of Louisiana,
and the premium therefor must be paid by the employer.
I n j u r i e s not
Sec. 28. 1. No compensation shall be allowed for an injury caused
compensated.
j njure(j employee’s willful intention to injure himself or
to injure another, or ( 2 ) by the injured employee’s intoxication at the
time of the injury, or (3) by the injured employee’s deliberate failure
to use an adequate guard or protection against accident provided for
him, or (4) by the employee’s deliberate breach of statutory regulations
affecting safety of life or limb.
2 . In determining whether or not an employer shall be exempt
from and relieved of paying compensation because of injury sustained
by an employee for the causes and reasons set forth in this section,
the burden of proofs shall be unon [upon] the employer.
Bondsoftutors,
Sec. 29. 1. Where a judgment has been rendered under the pro•
visions of this act in favor of a minor or interdict, the tutor or curator
shall be required by the court to furnish a bond in favor of the court
for the faithful performance of his duties, and shall be required by the
court to furnish it annually with a report or accounting of the funds
the said tutor or curator may be administering for the said minor or
interdict. This report or accounting of the tutor or curator is not to
be of the nature of the report of the tutor or curator required to be filed
under existing laws, but it is to be a simple verified statement of the
receipts of the tutor or curator with a detailed accounting of the ex
penditures.
Interstate
Sec. 30. 1. This act shall not be construed to apply to any em
ployer acting as a common carrier while engaged in interstate or for
eign commerce by railroad, which employer, by reason of being en
gaged in interstate or foreign commerce by railroad, is not subject
exclusively to the legislative power of the State of Louisiana, or for
which employer and the employee thereof a rule of liability or method
of compensation has been, or may be, established by the Congress of
the United States; nor shall it apply to any employee of such common
carrier injured or killed while so employed; and nothing in this act
shall be construed to apply to any work done by, nor shall any com
pensation be payable under this act to, the master, officers, or any
member of the crew of any vessel used in interstate or foreign com
merce which said vessel is not registered or enrolled in the State of
Louisiana.
2.
Whenever an employee of a common carrier engaged in interstate
or foreign commerce by railroad shall sustain a personal injury by
accident, arising out of and in the course of his employment, resulting
in his disability or death, it shall be presumed prima facie that such
employer was, at the time of the accident, engaged in such commerce.
Limitation of Sec. 31. 1. In case of personal injury (including death resulting
one year.
therefrom) all claims for payments shall be forever barred unless within
one year after the injury or death the parties shall have agreed upon the

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payments to be made under this act, or unless within one year after
injury proceedings have been begun as provided in sections 17 and 18 of
this act. Where, however, such payments have been made in any case,
said limitations shall not take effect until the expiration of one year
from the time making the last payment.
Sec. 32. 1 . In case any employee for whose injury or death pay- Two or more
ments are due under this act shall at the time of the injury be employed emPloyers*
and paid jointly by two or more employers subject to the provisions
of this act, such employers shall contribute to such payments in pro
portion to their several wage liabilities to such employee: Provided,
however, That nothing in this section shall prevent any arrangement
between such employers for different distribution as between them
selves of the ultimate burden of such payments. If one or more, but
not all such employers should be subject to this act, then the liability
of such of them as are so subject shall be to pay that proportion of the
entire payments which their proportionate wage liability bears to the
entire wages of the employee: Provided, however, That such payment
by such employer subject to this act shall not bar the right of recovery
against any other joint employer.
S e c . 33 (as amended by act No. 38, acts of 1918). 1. In the event the . -^a^ure +° pay
employer against whom there has been rendered a judgment of court ms a
n s’
awarding compensation in favor of any employee or his dependent
should become insolvent or fail to pay six successive installments as
they become due, the installments not yet payable under said judg
ment shall immediately become due and exigible and the judgment
shall become executory for the whole amount: Provided, That if the
employee or his dependent is adequately protected by insurance and
and receives payments thereunder this right shall not accrue.
S ec . 34 (as amended by act No. 38, acts of 1918). 1. The rights Remedies exand remedies herein granted to an employee or his dependent on c usiveaccount of a personal injury for which he is entitled to compensation
under this act shall be exclusive of all other rights and remedies of
such employee, his personal representatives, dependents, relations, or
otherwise, on account of such injury.
Sec. 35. 1. Nothing in this act shall affect the liability of the em Other statutes.
ployer to a fine or penalty under any other statute.
S e c . 36. 1. No contract, rule, regulation, or device whatsoever shall Waivers.
operate to relieve the employer, in whole or in part, from any lia
bility created by this act except as herein provided.
Sec. 37. 1. If for the purpose of obtaining or defeating any benefit or Deception,
payment under the provisions of this act, either for himself or any other
person, any person willfully makes a false statement or representation,
he shall be guilty of a misdemeanor, and upon conviction thereof shall
be fined not exceeding five hundred dollars or imprisoned not exceeding
twelve months, or both, in the discretion of the court; and an employee
from and after such conviction shall cease to receive any compensation
under this act.
S e c . 38 (as amended by act No. 38, acts of 1918). 1. The word Definitions,
“ accident as used 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 or violently, with or without
human fault and producing at the time objective symptoms of an
injury. The terms t‘injury” and “ personal injuries” shall include
only injuries by violence to the physical structure of the body and such
diseases or infections as naturally result therefrom. The said terms
shall in no case be construed to include any other form of disease or
derangement, howsoever caused or contracted.
Sec. 39 (as amended by act No. 38, acts of 1918). The word “ depend Same.
ent” as used in this act shall, unless a different meaning is clearly
indicated by the context, be construed to mean the person or per
sons, to whom under the provisions of section 8 compensation shall
be paid upon the death of the injured employee. The word “ court”
as used in section 37 of this act means the criminal court having juris
diction of the person making the false statement or representation,
but wherever else used in this act, the word “ court” shall be con
strued to mean the court which shall have jurisdiction over the em
ployer in a civil case involving more than one hundred dollars, unless

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said court shall not have jurisdiction on account of the amount involved
in which event it shall mean the court having jurisdiction, or where
there is more than one judge of said court, then either or any of said
judges of said court.
Use of words.
gEC# 40 . 1 . Whenever in this act the singular is used, the plural
shall be included; where the masculine gender is used, the feminine
shall be included.
Provisions sev- gECi 41 . i. jf any provision of this act shall be declared unconsti
erable.
tutional or invalid, such unconstitutionality or invalidity shall in no
way affect the validity of any other portion thereof which can be given
reasonable effect without the provision so declared unconstitutional or
invalid.
Approved June 18, 1914.
ACTS OP 1918.
A ct N o . 37.— Commission on compensation insurance.
Appointment.
Duties.

A committee of five, two from the Senate and three from the House
of Representatives, shall be appointed by the presiding officer of each
house, respectively, for the purpose of investigating and taking into
consideration the establishment of an industrial insurance commission
or some similar commission for the purpose of providing for the insur
ance of employees under the workman’s compensation act and other
insurance of a like character; also to consider the advisability of the
State carrying the insurance on all public buildings in the State of
Louisiana and report its findings to the next general assembly.
Said committee shall investigate the laws of other States and the
workings of all such departments, showing a saving, if any, to employ
ers as well as employees and shall have full authority to conduct these
investigations in any way that it sees proper and report its findings
fully as provided for herein.
Approved June 27, 1918.
A ct N o . 39.— Workmen’s compensation insurance—Deductions from

wages.
Deductions for
premiums.

Violations.

S ection 1. It shall be unlawful for any employer, either person,

firm, association, or corporation, or his or its agent or representative,
to collect from any of its employees directly or indirectly either by
way of deduction from such employee’s wages, salary, or compensation,
or otherwise, any amount whatever, or to demand, request, or accept
any amount from any employee, either for the purpose of paying the
premium in whole or in part on any liability or compensation insur
ance of any kind whatever on behalf of any employee or to reimburse
such employer in whole or in part for any such premium or for the
premium on any insurance against any liability whatever to any em
ployee or for the purpose of the employer carrying any such insurance
for the employer’s own account, or to demand 01* request of any em
ployee that such employee make any payment or contribution for any
such purpose to any other person, firm, association or corporation: Pro
vided, That nothing herein shall be construed to prevent any employer
from carrying his or its own insurance towards his or its own employees:
And provided, That nothing herein shall apply to an employer qualified
under the laws of this State to engage in the liability insurance business.
S ec . 2 . Any person, firm, or corporation violating any provision of
this act shall be guilty of a misdemeanor, and on conviction shall be
punished by fine not exceeding five hundred ($500) dollars, or by
imprisonment in the parish prison or jail not exceeding a year, or by
both such fine and imprisonment, at the discretion of the court.
Approved June 27, 1918.

MAINE.
ACTS OF 1919.
Ch apter

238.— Compensation of workmen for injuries.

S e c t io n 1 . The first fifty sections of this chapter [ch. 50 of the
^tie.
Revised Statutes of 1916] shall be known, and may be cited, and
referred to in proceedings and agreements thereunder, as 4‘ The work
men’s compensation act” ; the phrase “ this act,” as used in said sec
tions, refers thereto.
The following words and phrases as used in the first fifty sections of definitions,
this chapter, shall, unless a different meaning is plainly required by
the context, have the following meaning:
I. “ Employer” shall include corporations, partnerships, natural Employer,
persons, the State, counties, water districts and all other quasi
municipal corporations of a similar nature, cities, and also such towns
as vote to accept the provisions of this act; and if employer is insured,
it includes the insurer unless the contrary intent is apparent from
the context or it is inconsistent with the purposes of this act.
I I . “ Employee” shall include every person in the service of another Employee,
under any contract of hire, express or implied, oral or written, except: Exceptions.
(a) farm laborers; (b) domestic servants; (c) masters of and seamen on
vessels engaged in interstate or foreign commerce; (d) person whose
employment is but casual, or is not in the usual course of the trade,
business, profession, or occupation of his employer; (e) officials of the
State, counties, cities, towns or water districts and other quasi municipal
corporations of a similar character. Policemen and firemen shall be Policemen and
deemed employees within the meaning of this act. If, however, any flrem-enpoliceman or fireman claims compensation under this act, there shall
be deducted from such compensation any sum which such policeman,
fireman, or other person may be entitled to receive from any pension
or other benefit fund to which the State or municipal body may con
tribute; (/) except that any town or city may, in lieu of the compensa
tion and insurance provided by this act, continue any member of the
fire department or police force in said town, who may have been
injured in the course of his duties, on the pay roll at full pay, if such
full pay exceeds the maximum compensation provided for employees
under this act. Any reference to an employee who has been injured
shall, when the employee is dead, also include his legal representatives,
dependents, and other persons to whom compensation may be payable.
(g) All persons employed by the State or under the direction and con- Employees of
trol of any department of the State shall be entitled to the benefits of btatechapter fifty of the revised statutes. The governor and council shall
order such compensation as shall be assessed paid from the State con
tingent fund.
III. “ Assenting employer” shall include all employers who have
complied with the provisions of section six hereof, and to whom a cer
tificate authorized by said section has been issued, but only so long as
such certificate remains in force.
IV. “ Commissioner” shall mean the commissioner of labor and
industry of the State of Maine. “ Commission” shall mean the indus
trial accident commission created by section twenty-nine hereof.
V. “ Industrial accident insurance policy” shall mean a policy in
in such form as the insurance commissioner of the State of Maine
approves, issued by any stock or mutual casualty insurance company
that may be now or hereafter authorized to do business in this State,
which in substance and effect guarantees the payment of the com
pensation, medical and hospital services, and expense of sickness and
burial herein provided for, in such installments, at such time or times,
and to such person or persons and upon such conditions as in this act

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provided. Whenever a policy or certificate of renewal thereof is
filed as herein provided, a copy of such policy, certified by the insur
ance commissioner of the State of Maine or his deputy, shall be admis
sible as evidence in any legal proceeding wherein the original would
be admissible.
Y I. “ Insurance company” shall mean any casualty insurance com
pany authorized to do business in the State of Maine, which may issue
policies conforming to the provisions of the paragraph next preceding.
Whenever in this act relating to procedure the words “ insurance com
pany” are used it shall be held to apply only to cases in which the
employer has elected to file such policy, instead of furnishing satis
factory proof of his ability to pay compensations and benefits herein
after provided direct to his employees.
VII. “ Representatives” may include executors, administrators,
and the dependents of deceased employees. Payments may be made
to dependent directly or to executors or administrators. If payments
are made to the latter, they shall forthwith pay the same to the
dependents as the same are hereinafter defined.
Dependents.
VIII. “ Dependents” shall mean members of the employee’s family
or next of kin, who are wholly or partly dependent upon the earnings
of the employee for support at the time of the injury. The following
persons shall be conclusively presumed to be wholly dependent for
support upon a deceased employee:
{a) A wife upon a husband with whom she lives, or from whom she
was living apart for a justifiable cause, or because he had deserted her,
or upon whom she is dependent at the time of the accident.
(b) A husband upon a wife with whom he lives, or upon whom he
is dependent at the time of the accident.
(c) A child or children, including adopted and stepchildren under
the age of eighteen years .(or over said age, but physically or mentally
incapacitated from earning) upon the parent with whom he is or they
are living, or upon whom he is or they are dependent at the time of
the death of said parent, there being no surviving dependent parent.
In case there is more than one child thus dependent, the compensation
shall be divided equally among them.
In all cases questions of entire or partial dependency shall be deter
mined in accordance with the fact, as the fact may have been at the
time of the injury. In such other cases, if there is more than one person
wholly dependent, the compensation shall be divided equally among
them; and persons partly dependent, if any, shall receive no part
thereof during the period in which compensation is paid to persons
wholly dependent. If there is anyone wholly dependent and more
than one person partly dependent, the compensation shall be divided
among them according to the relative extent of their dependency.
If a dependent is an alien residing outside of the United States, or of
the Dominion of Canada, the compensation paid to any such dependent
shall be one-half that hereinafter provided in case of the death of an
employee.
Computing
J X. “ Average weekly wages, earnings, or salary,” of any injured
wagesemployee shall be computed as follows:
(a) if the injured employee has worked in the same employment in
which he was working at the time of the accident, whether for the same
employer or not, during substantially the whole of the year immedi
ately preceding his injury, his “ average weekly wages” shall be
three hundred times the average daily wages, earnings, or salary which
he has earned in such employment during the days when so em
ployed and working the number of hours constituting a full working
day in such employment, divided by fifty-two. But where the em
ployee is employed regularly during the ordinary working hours con
currently by two or more employers, for one of whom he works at one
time and for another he works at another time, his “ average weekly
wages” shall be computed as if the wages, earnings, or salary received
by him from all such employers, were wages, earnings, or salary earned
in the employment of the employer for whom he was working at the
time of the accident.
(b) If the injured employee has not so worked in such employment
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his “ average weekly wages” shall be three hundred times the average
daily wages, earnings, or salary which an employee of the same class
working substantially the whole of such immediately preceding year
in the same or a similar employment in the same or a neighboring
place, has earned in such employment during the days when so em
ployed and working the number of hours constituting a full working
day in such employment, divided by fifty-two.
(c) In cases where the foregoing methods of arriving at the “ average
weekly wages, earnings, or salary” of the injured employee can not rea
sonably and fairly be applied, such ‘‘ average weekly wages” shall be
taken at such sum as, having regard to the previous wages, earnings,
or salary of the injured employee and of other employees of the same
or most similar class, working in the same or most similar employment
in the same or a neighboring locality, shall reasonably represent the
weekly earning capacity of the injured employee at the time of the
accident in the employment in which he was working at such time.
(d) Where the employer has been accustomed to pay to the employee
a sum to cover any special expense incurred by said employee by the
nature of his employment, the sum so paid shall not be reckoned as
part of the employee’s wages, earnings, or salary.
(e) The fact that an employee has suffered a previous injury or Second injuries,
received compensation therefor, shall not preclude compensation for
a later injury or for death; but in determining the compensation for
the later injury or death, his “ average weekly wages” shall be such sum
as will reasonably represent his weekly earning capacity at the time
of the later injury, in the employment in which he was working at
such time, and shall be arrived at according to and subject to the
limitations of the previous provisions of this section.
In the sections of this act relating to notices and procedure, all
powers and rights granted to, or duties and obligations imposed upon,
employers or employees, shall inure to the benefit of and may be
exercised by guardians of minors or other incapacitated persons and
the legal representatives of deceased persons.
(/) The “ average weekly wages, earnings, or salary” of employees S e v e n - d a y
who work seven days per week shall be computed by increasing the ^or ers*
average daily wage the employee was receiving at the time of the
accident by one-sixth and then multiplying by three hundred and
dividing by fifty-two.
S ec . 2. In an action to recover damages for personal injuries sus- Abrogation of
tained by an employee in the course of his employment, or for death, 0 ensesresulting from personal injury so sustained, it shall not be a defense
(a) that the employee was negligent; (b) that the injury was caused
by the negligence of a fellow employee; (c) that the employee had
assumed the risk of the injury.
S ec . 3. The provisions of section two shall not apply to employers who Employers of
employ five or less workmen or operatives regularly in the same busiwo
ness, and in case of the employer being engaged in more than one kind
of business, in one of which he employs five or more workmen or opera
tives regularly, and in another employs five or less workmen or operatives,
the fact that he elects to become subject to the provisions of this act
shall not bring him within the provisions of it as to any such busi
ness in which he employs five or less workmen or operatives, and at
the time of electing to become subject to the provisions of this act,
if engaged in more than one kind of business, he shall specify the
business or businesses in which he is engaged and concerning which
he desires to come under the provisions hereof.
S ec . 4. The provisions of section two shall not apply to actions to Exemptions,
recover damages for personal injuries or for death resulting from
personal injuries sustained by employees engaged in domestic service
or agriculture, or in the work of cutting, hauling, rafting, or driving
logs.
S e c . 5. The provisions of section two shall not apply to actions to Remedy
exrecover damages for personal injuries or for death resulting from per- c usive*
sonal injuries sustained by employees of an employer who has elected to
become subject to this act in the manner provided in section six hereof.
In the case of personal injury sustained by an employee in the course
of his employment or of death resulting from personal injury so sus-

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tained, assenting employers shall be exempt from suits either at
common law or under section nine of chapter ninety-two, or under
sections fifty-one to fifty-eight, both inclusive, of this chapter,
Election.
S e c . 6. I. Any employer desiring to become an assenting employer
as herein provided, may file with the commission at its office in Au
gusta, his written assent in such form as the commission approves, and
also file with said commission a copy of an industrial accident insurance
policy in any stock or mutual insurance company or association au
thorized to do business in the State of Maine, said policy being stamped
with the approval of the insurance commissioner of said State of Maine.
Rates.
The insurance commissioner may require the filing of specific rates for
workmen’s compensation insurance including classification of risks,
experience, or any other rating information from insurance companies,
authorized to transact such insurance in Maine, and may make or cause
to be made such investigations as may be deemed necessary to satisfy
himself that such rates are correct and proper before giving his approval
and permitting such rates to be promulgated for the use of said com
panies.
Policies.
Any insurance company issuing policies covering the payment of
compensation provided for in this act shall file with the insurance com
missioner a copy of the form thereof, and no such policy shall be issued
until said insurance commissioner has approved the same. Every such
insurance company shall file with the insurance department its classi
fication of risks and premiums relating thereto, and any subsequent
proposed classification or premiums, none of which shall take effect
until the insurance commissioner has approved the same as adequate
for the risks to which they respectively apply. The insurance com
missioner may withdraw his approval of any classification of risks or
premium rates relating thereto, and he may at any time approve a
revised classification of risks and premium rates relating thereto.
Such written assent when once filed shall continue in force without
renewal during the life of said original policy or during the life of any
subsequent policy or policies filed in renewal of said original policy
previous to the expiration of any immediately preceding policy, so
that there shall be no interim between policies. In ease there shall be
such an interim, then a new acceptance must be filed with the policy
terminating the interim.
Self-insurers.
II. Any employer desiring to become an assenting employer as herein
provided may file with the commission his written assent in such form
as said commission approves after furnishing satisfactory proof to the
commission of his solvency and financial ability to pay the compensa
tion and benefits herein provided, and upon the deposit of cash, satis
factory securities or a bond, as the commission may determine, such
bond to run to the treasurer of State, and his successor in office, in such
sum as said commission may determine and shall be conditional upon
the faithful performance of all the provisions of this act relating to the
payment of compensations ^and ^benefits to any injured employee.
In case of cash being deposited it shall be placed at interest by the
treasurer of State and the accumulation of interest on said cash or securi
ties so deposited shall be paid to the employer depositing the same:
Provided, however, That the commission may at any time in their dis
cretion deny to an assenting employer the right to continue in the
exercise of the option granted by this paragraph.
Certificates.
III. Upon the filing of such assent and complying with the provisions
of paragraph I or II of this section, the commission shall issue to such
employer a certificate statingthat such employer has conformed to the
provisions of this act, and setting forth th e date on which the policy file<J
under paragraph I expires. The certificate thus issued shall remain in
full force until the date of the expiration of such policy or renewal
thereof or until withdrawn as provided in paragraph II or until the
employer assenting under paragraph II shall notify the commission that
he withdraws his assent, or files an industrial accident policy in place
of the securities so deposited by him.
Existing sys
IV. Subject to the approval of the commission, any employer may
tem.
continue with his employees in lieu of the compensation and insurance
provided by this act the system of compensation, benefit, or insurance
which was used by such employer on the first day of January, nineteen

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hundred and fifteen. No such substitute system shall be approved
unless it confers benefits upon injured employees at least equivalent to
the benefits provided by this act, nor if it requires contributions from
the employees, unless it confers benefitsin addition to those provided
under this act at least commensurate with such contributions. 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 administered, or if its operation shall disclose latent
defects threatening its solvency, or if for any substantial reason it fails
to accomplish the purposes of this act. ^An employer who is author
ized to substitute a plan under the provisions of this section shall give
his employees notice thereof in a form to be prescribed by the commis
sion, and a statement of the plan approved shall be filed with the com
mission.
Y. A notice in such form as the commission approves, stating that Notice to be
the employer has conformed to the provisions of this act, and the date p
of the expiration of the policy filed, together with such further matters
as the commission determines, shall be posted by the employer
and kept posted by him at some place in each of his mills, factories, or
place of business, conspicuous and accessible to his employees. For
willful failure to post such notices, the employer shall be subject to a
penalty of ten dollars per day for every day of such willful neglect, to
be recovered by complaint or indictment. Such failure to so post
notices shall not, however, affect the rights or liabilities of the em
ployer or the employee hereunder.
Sec. 7. An employee of an employer who shall have elected to Presumption as
become subject to the provisions of this act as provided in section six emp yees*
of this act shall be held to have waived his right of action at common
law to recover damages for personal injuries; also under section nine of
chapter ninety-two or under sections fifty-one to fifty-eight, both in
clusive, of this chapter, if he shall not have given his employer at the
time of his contract of hire notice in writing that he claimed such right,
and within ten days thereafter have filed a copy thereof with the com
mission, or, if the contract of hire was made before the employer so
elected, if the employee shall not have given the said notice and filed
the same with said commission within ten days after notice by the
employer^ as above provided, of such election, and such waiver shall
continue in force for the term <of one year, and thereafter without
further act on his part, for successive terms of one year each, unless such
employee shall at least sixty days prior to the expiration of such first
or any succeeding year, file with the said commission a notice in writing
to the effect that he desires to claim his said right of action at common
law and within ten days^ thereafter shall give notice thereof to his
employer. A minor working at an age illegally permitted under the
laws of this state shall be deemed sui juris for the purpose of this act and
no other person shall have any cause of action or right to compensation
for an injury to such minor employee except as expressly provided in
this act; but if said minor shall have a parent living or a guardian, such
parent or guardian, as the case may be, may give the notice and file a
copy of the same as herein provided by this section, and such notice
shall bind the minor in the same manner that adult employees are
bound under the provisions of this act. In case no such notice is given,
such minor shall be held to have waived his right of action at common
law, or under the statutes above referred to, to recover damages for
personal injuries. Any employee, or the parent or guardian of any
minor employee, who has given notice to the employer that he claimed
his right of action at common law, or under the statutes above referred
to, may waive such claim by a notice in writing which shall take effect
five days after the delivery to the employer or his agent.
Sec. 8 . No compensation shall be allowed for the injury or death Willful misconof an employee where it is proved that his injury cr death was occaJ *
sioned by his willful intention to bring about the injury^ or death of
himself or of another, or that the same resulted^ from his intoxication
while on duty. This provision as to intoxication shall not apply, if
the employer knew or in the exercise of ordinary care might have
known that the employee was intoxicated or that he was in the habit
of becoming intoxicated while on duty.

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S ec . 9. No compensation except medical, surgical, and hospital
services, nursing, and medicines and mechanical surgical aids as pro
vided in section 10 of this act shall be paid thereunder during the first
ten days after the accident. If incapacity exists at the expiration of
ten days, compensation shall begin on the eleventh day. If incapacity
arises after ten days, compensation shall begin on the date such inca
pacity begins.
Medical, etc.,
S ec . 10. During the first thirty days after the accident the employer
•
shall promptly furnish reasonable medical, surgical, and hospital serv
ices, nursing and medicines, and mechanical surgical aids when they
are needed. The amount of such medical, surgical, and hospital
services, nursing, medicines, and mechanical surgical aids shall not
exceed one hundred dollars unless a longer period or a greater sum is
allowed by the commission which, in their discretion, they may allow
when the nature of the injury or the process of recovery Requires it. In
case the incapacity does not begin at the time of the accident the thirtyday period shall commence at the time such incapacity begins. When
ever the employer and the employee are unable to agree upon the
amount to be allowed for such medical, surgical, and hospital services,
nursing, medicines, and mechanical surgical aid, the amount shall be
fixed by the commission upon petition of either party setting forth the
facts. In case of emergency or for other justifiable cause the employee
shall have the right to select a physician other than the one provided
by the employer, and the reasonable cost of his services shall be paid
by the employer subject to the approval of the industrial accident com
mission. Such approval shall be granted only when the commission
finds that there was such emergency or justifiable cause and in all cases,
that the services were adequate and necessary and the charges reason
able.
Suits.
S ec . 11. If an employee who has not given notice of his claim of
common law or statutory rights of action, or who has given such notice
and has waived the same, as provided in section seven of this act,
receives a personal injury by accident arising out of and in the
course of his employment, he shall be paid compensation as hereinafter
provided, by the employer who shall have elected to become subject to
the provisions of this act.
Compensation Sec. 12. If death results from the injury, the employer shall pay the
for death.
dependents of the employee, wholly dependent upon his earnings for
support at the time of his injury, a weekly payment equal to three-fifths
his average weekly wages, earnings, or salary, but not more than fifteen
dollars nor less than six dollars a week, for a period of three hundred
weeks from the date of the injury, and in no case to exceed three thou
sand five hundred dollars: Provided, however, That if the dependent of
the employee to whom the compensation shall be payable upon his
death is the widow of such employee, upon her death the compensation
thereafter payable under this act shall be paid to the child or children
of the deceased employee, including adopted and stepchildren, under
the age of eighteen years, or over said age but physically or mentally
incapacitated from earning, who are dependent upon the widow at the
time of her death. In case there is more than one child thus depend
ent, the compensation shall be divided equally among them. If the
employee leaves dependents only partly dependent upon his earnings
for support at the time of his injury the employer shall pay such depend
ents for a period of three hundred Weeks from the date of the injury, a
weekly compensation equal to the same proportion of the weekly pay
ments herein provided for the benefit of persons wholly dependent as
the amount contributed annually by the employee to such partial
dependents bears to the annual earnings of the deceased at the time of
injury. When weekly payments have been made to an injured
employee before his death the compensation to dependents shall begin
from the date of the last of such payments, but shall not continue more
than three hundred weeks from the date of the injury: Provided, how
ever, That if the deceased leaves no dependents at the time of the injury
the employer shall not be liable to pay compensation under this act
except as specifically provided in the following section:
Nodependents. Sec. 13. If the employee dies as a result of the injury, leaving no
dependents at the time of the injury, the employer shall pay, in addiWaiting time.

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tion to any compensation provided for in this act, the reasonable
expense of his last sickness and burial, which shall not exceed two
hundred ^dollars: Provided, however, If dependents appear before the
commission, within one year after the death of the said employee, and
prove that they are entitled to compensation as provided for by this
act, and such compensation is decreed to be paid to the said dependents,
the reasonable expenses of last sickness and burial as aforesaid shall be
deducted from the amount allowed to the said dependents.
S ec . 14. While the incapacity for work resulting from the injury is Total disabiltotal, the employer shall pay the injured employee a weekly compen- 1 y*
sation equal to three-fifths his average weekly wages, earnings, or salary,
but not more than fifteen dollars nor less than six dollars a week; and in
no case shall the period covered by such compensation be greater than
five hundred weeks from the date of incapacity, nor the amount more
than forty-two hundred dollars; and if the employee shall die before
having received compensation to which he is entitled or which he is
receiving as provided in this act, the same shall be payable to the
dependents of the said employee for the specified period, and the said
dependents shall have the same rights and powers under this act as the
said employee would have had if he had lived. In the following cases
it shall, for the purposes of this act, be conclusively presumed that the
injury resulted in permanent total disability, to wit: the total and irre
vocable loss of sight in both eyes, the lo*ss of both feet at or above the
ankle, the loss of both hands at or above the wrist, the loss of one hand
and one foot, an injury to the spine resulting in permanent and com
plete paralysis of the legs or arms, and an injury to the skull resulting
in incurable imbecility or insanity.
S ec . 15. While the incapacity for work resulting from the injury is . Partial disabilpartial, the employer shall pay the injured employee a weekly com- ltj'
pensation equal to three-fifths the difference between his weekly wages,
earnings, or salary, before the injury and the weekly wages, earnings,
or salary which he is able to earn thereafter, but not more than fifteen
dollars a week; and in no case shall the period covered by such com
pensation be greater than three hundred weeks from the date of the
injury. The rate of wages before the injury shall be determined by
dividing the whole amount of wages or salary earned by the injured
employee during the immediately preceding year, whether for the same
employer or not, by the full number of days employed during the same
period, provided the injured employee has worked substantially the
whole of the immediately preceding year at similar work. If the
employee has not so worked, the weekly wages, earnings, or salary of an
employee working substantially the whole of such immediately preced
ing year at similar work shall be used in determining the amount of
partial compensation due the injured employee.
Sec. 16. In cases included in the following schedule the disability Schedule,
in each such case shall be deemed to be total for the period specified
and after such specified period, if there be a partial incapacity for work
resulting from the injury specified, the employee shall receive com
pensation while such partial incapacity continues under the provisions
of section fifteen, but in no case shall compensation continue more than
three hundred weeks after the injury. The compensation to be paid
for the injuries hereinafter specified shall be as follows, to wit:
For the loss of a thumb, three-fifths the average weekly wages during
fifty weeks.
For the loss of the first finger, commonly called the index finger,
three-fifths the average weekly wages during thirty weeks.
For the loss of the second finger, three-fifths the average weekly
wages during twenty-five weeks.
For the loss of the third finger, three-fifths the average weekly wages
during eighteen weeks.
For the loss of the fourth finger, commonly called the little finger,
three-fifths the average weekly wages during fifteen weeks.
The loss of the first phalange of the thumb or pf any finger, shall be
considered to be equal to the loss of one-half of said thumb or finger and
the compensation shall be one-half the amount above specified. The
loss of more than one phalange shall be considered as a loss of the entire
thumb or finger: Provided, however, That in no case shall the amount

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received for the loss of more than one finger exceed the amount specified
in this schedule for the loss of a hand.
For the loss of the great toe, three-fifths the average weekly wages
during twenty-five weeks.
For the loss of one of the toes other than the great toe, three-fifths the
average weekly wages during ten weeks.
The loss of the first phalange of any toe shall be considered to be
equal to the loss of one-half of said toe and the compensation shall be
one-half of the amount above specified.
The loss of more than one phalange shall be considered as the loss of
an entire toe.
For the loss of a hand, three-fifths the average weekly wages during
one hundred twenty-five weeks.
For the loss of an arm, or any part at or above the wrist, three-fifths
the average weekly wages during one hundred fifty weeks.
For the loss of a leg, or any part at or above the ankle, three-fifths the
average weekly wages during one hundred fifty weeks.
For the loss of a foot, three-fifths the average weekly wages for one
hundred twenty-five weeks.
For the loss of an eye or the reduction of the sight of an eye, with
glasses, to one-tenth of the normal vision, three-fifths the average
weekly wages during ^one hundred weeks.
The amounts specified in fhis^ section are all subject to the same
limitations as to maximum and minimum amounts, that is, of not more
than fifteen and not less than six dollars a week, as provided for total or
partial disability.
Loss of use.
I n all cases in this class where the usefulness of a member or any
physical function thereof is permanently impaired, the compensation
shall bear such relation to the amount stated in the above schedule as
the incapacity shall bear to the injuries named in this schedule and the
commission shall determine the extent of the incapacity.
Notice of acci- Sec. 17. No proceedings for compensation for an injury under this
dent.
act shall be maintained unless a notice of the accident shall have been
given to the employer within thirty days after the happening thereof;
and unless the claim for compensation with respect to such injury shall
have been made within one year after the occurrence of the same, or. in
case of his physical or mental incapacity, within one year after death or
the removal of such physical or mental incapacity.
Form.
S e c . 18. Such notice shall be in writing and shall state in ordinary
language the nature, time, place and cause of the injury, and the name
and address of the person injured, and shall be signed b^r the person
injured, or by a person in his behalf, or, in the event of his death, by
his legal representatives, or by a dependent, or by a person in behalf
of either.
Service.
Sec. 19. Such notice shall be served upon the employer, or upon one
employer, if there are more employers than one, or, if the employer is a
corporation, upon any officer or agent upon whom process may be served
or by leaving it at his last known residence or place of business, or by
sending it by registered mail addressed to the person to be served, or
in the case of a corporation, to the corporation itself, at his or its last
known residence or place of business; and such mailing of the notice
shall constitute a completed service.
Validity.
S e c . 20. A n o tic e g iv e n u n d e r th e p ro vision s of th is a c t s h a ll n o t b e
h e ld in v a lid or in su fficie n t b y reason of a n y in a c c u r a c y in s ta tin g th e
n a tu re , tim e , p la c e , or c a u se of th e in ju r y , or t h e n a m e a n d ad dress of
th e person in ju re d , u n le ss i t is sh o w n th a t i t w as th e in te n tio n to m isle a d

and the employer was in fact misled thereby. Want of notice shall not
be a bar to proceedings under this a£t, if it be shown that the employer
or his agent had knowledge of the injury, or that failure to give such
notice was due to accident, mistake, or unforeseen cause.
Medical exami- Sec. 21. The employee shall, after the injury, at all reasonable times
iations.
during the continuance of his disability, if so requested by his employer, submit himself to an examination by a physician or surgeon
authorized to practice medicine under the laws of this State, to be
selected and paid by the employer. The employee shall have the
right to have a physician or surgeon, selected and paid by himself,
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present at such examination of which right the employer shall give him
notice when requesting such examination.
The chairman or associate legal member may^ at any time after the
injury appoint a competent and impartial physician or surgeon to act
as a medical examiner, and the reasonable fees of such medical examiner
shall be fixed and paid by the commission.
Such medical examiner being first duly sworn to the faithful perform
ance of his duties before any justice of the peace, or any clerk of the
supreme judicial court, shall thereupon, and as often as the chairman of
the commission may direct, examine such injured employee in order to
determine^ the nature, extent, and probable duration of the injury.
Such medical examiner shall file a report of every examination made
of such employee in the office of the commission, and a copy thereof
certified by the clerk of said commission may be produced in evidence
in any hearing or proceedings to determine the amount of compensation
due said employee under the provisions of this act. If such employee
refuses to submit himself to examination provided for in this act, or in
any way obstructs any such examination, his rights to compensation
shall be suspended and his compensation during such period of sus
pension may be forfeited.
Sec. 22. No savings or insurance of the injured employee independ- Savings or inent of this act, shall be taken into consideration in determining the com- surancepensation to be paid hereunto, nor shall benefits derived from any other
source than the employer be considered in fixing the compensation
under this act.
Sec. 23. In case an injured employee is mentally incompetent, or, Incompetents,
where death results from the injury, in case any of his dependents en
titled to compensation hereunder are mentally incompetent or minors at
the time when any rights, privilege, or election accrues to him or them
under this act, his guardian, or next friend, or some disinterested per
son designated by the commission may, in his behalf, claim and exercise
suchright, privilege or election, and no limitation of time in this act
provided shall run so long as such incompetent or minor has no guardian.
In case the commission shall have reasonable grounds for believing that
compensation paid under this act, either in weekly installments or in a
lump sum, will be squandered or wasted by the injured employee or his
dependents, the commission may designate in writing some disin
terested person to act as trustee for the said injured employee or said
dependents, and the said trusts shall file an account at least once a year
with the said commission showing the amounts of receipts and ex
penditures in behalf of said injured employee or said dependents.
S ec. 24. No agreement by an employee, except as provided in section Waivers,
thirty, to waive his rights to compensation under this act shall be valid.
No claims for compensation under this act shall be assignable or subject Assignm ents,
to attachment, or liable in any way for debt.
e c*
Sec . 25. Employers Who hire workmen within this State to work out0llt"
side of the State, may agree with such workmen that the remedies under S1 e a e*
this act shall be exclusive as regards injuries received outside this State
by accident arising out of and in the course of such employment; and
all contracts of hiring in this State shall be presumed to include such an
agreement.
Sec. 26. When any injury for which compensation is payable under
of
this act shall have been sustained under circumstances creating in some
p
other person than the employer a legal liablity to pay damages in respect
thereto, the injured employee may, at his option, either claim compen
sation under this act or obtain damages from or proceed at law against
such other person to recover damages; and if compensation is claimed
and awarded under this act, any employer having paid the compensa
tion or having become liable therefor shall be subrogated to the rights
of the injured employee to recover against that person: Provided, If the
employer shall recover from such other person damages in excess of the
compensation already paid or awarded to be paid under this act, then
any such excess shall be paid to the injured employee less the em
ployer’s expenses and costs of action.
S e c . 27. The claim for compensation under this act, and any decree Preferences,
on any such claim, shall be entitled to a preference over the unsecured
debts of the employer hereafter contracted to the same amount as the

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■wages of labor are now preferred by the laws of this State, but nothing
herein shall be construed as impairing any lien which the employee
may have acquired.
■Lumpsums.
g EC> 28. In case payments have continued for not less than six
months either party may, upon due notice to the other party petition
the commission for an order commuting the future payments to a lump
sum. Such petition shall be considered by the commission and may
be summarily granted where it is shown to the satisfaction of the com
mission that the payment of a lump-sum in lieu of future weekly pay
ments will be for the best interest of the person or persons receiving or
dependent upon such compensation, or that the continuance of Weekly
payments will, as compared with lump-sum payments, entail undue
expense or undue hardship upon the employer liable therefor, or that
the person entitled to compensation has removed or is about ro remove
from the United States. Where the commutation is ordered, the com
mission shall fix the lump sum to be paid at an amount which will equal
the total sum of the probable future payments capitalized at their
present value upon the basis of interest calculated at five per centum
per annum with annual rests. Upon payment of such amount the em
ployer shall be discharged from all further liability on account of the
injury or death, and be entitled to a duly executed release, upon filing
which, or other due proof of payment the liability of such employer under
any agreement, award, findings, or decree shall be discharged of record,
and the employee accepting the lump-sum settlement as aforesaid shall
receive no future compensation under the provisions of this act.
Industrial acciS e c . 29. The industrial accident commission of the State of Maine
dent commission. sjia|j consist of four members, two of whom, to be designated as the
chairman and associate legal member, respectively, shall be men learned
in the law and members in good standing of the bar of this State; the
third, the commissioner of labor and industry, and the fourth, the com
missioner of insurance. The chairman and associate legal member shall
be appointed by the governor, the former for the term of four years and
the latter for the term of two years upon the first appointment under
this act, all successive appointments to be for the term of three years.
The chairman and associate legal member shall hold office for the terms
aforesaid, unless removed as herein provided, and until their successors
are appointed and qualified. They shall be sworn and for inefficiency,
willful neglect of duty or for malfeasance in office may after notice and
hearing be removed by the governor and council. In case of a vacancy
occurring through the death, resignation, or removal, the governor shall
appoint a successor for the whole term of three years, subject to removal
as aforesaid.
The chairman shall receive a salary of three thousand five hundred
dollars per annum, beginning January first, nineteen hundred and nine
teen, and the associate legal member shall receive a salary of three
thousand dollars per annum. The commissioner of labor and industry
shall receive the sum of one thousand dollars, in addition to his salary as
commissioner of labor and industry. The commissioner of insurance
shall receive the sum of five hundred dollars, in addition to his salary as
commissioner of insurance. The members of the commission shall also
receive their actual, necessary, cash expenses while away from their
office on official business of the commission.
The commission shall have a clerk appointed and removable by it.
The salary of the clerk of the commission shall be fixed by the governor
and council upon recommendation of the commission.
The associate legal member shall have the same authority, powers,
and duties as the chairman, but shall only exercise said authority,
powers, and duties when requested in writing to do so by the chair
man.
The sum of twenty-eight thousand two hundred dollars shall be
annually appropriated for the payment of salaries, clerical and other
assistance, physicians, witness fees, traveling and other expenses.
The commission shall have a seal bearing the words “ Industrial Acci
dent Commission of Maine. ’ ’ It shall have its office and keep its records
in the statehouse in Augusta, but may hold sessions at any place within
the State. The commission shall have general supervision over the
Powers.
administration of this act, and shall have powers:

TEXT OF LAW S— M A IN E .

545

I. To make rules and regulations not inconsistent with this act or
other laws of the State for the purpose of carrying out the provisions
hereof.
II. To issue subpoenas for witnesses and subpoenas duces tecum to
compel the production of books and papers and photographs relating
to any questions in dispute before it.
III. The chairman or the associate legal member at any hearing
under the provisions of this act may issue subpoenas for witnesses and
subpoenas duces tecum to compel the production of books and papers
relating to any matters involved in the hearing. Witness fees in all
proceedings under this act shall be the same as for witnesses before the
supreme judicial court.
IV. The commission may, when the interests of any of the parties or
when the administration of the provisions of this act demand, appoint
a person in that part of the State where an accident has happened, to
make a full investigation of the circumstances surrounding said acci
dent, and report the same without delay to the office of the said com
mission.
V. Depositions taken for the causes and in the manner hereinafter Depositions
mentioned may be used in all hearings before the industrial accident
commission.
The chairman of the industrial accident commission or the associate
legal member may issue commissions to take depositions to any United
States consul, United States vice consul, any judge of any court
of record in the United States or any foreign country, or to any notary
public or justice of the peace in the State of Maine, for either of the
following causes:
1 . When the deponent resides out of or is absent from the State.
2 . When the deponent is bound to sea or is about to go out of the
State.
3. When the deponent is so aged, infirm, or sick as to be unable to
attend the place of hearing.
Such deposition shall be taken by written interrogatories to be filed
with the chairman, and the adverse party shall have ten days after
written notice of such filing to him or his attorney, in which to file
cross-interrogatories thereto, and if cross-interrogatories are not so filed
within ten days after such notice, the right of cross-examination shall
be considered waived.
The deponent shall be. duly sworn and after his answers have been
written out, the deposition shall be signed and sworn to by the depo
nent before the commissioner authorized to take it, and shall by him
be sealed up and sent to the chairman of the industrial accident com
mission at Augusta.
S e c . 30. If the employer and the employee reach an agreement in
Memoranda of
regard to compensation under this act a memorandum of such agree- agieement'
ment signed by the parties shall be filed in the office of the commission.
If the commissioner finds that such agreement is in conformity with
the provisions of this act, he shall approve the same and the clerk of
the commission shall record it in a book kept for that purpose. In case
the commissioner shall find that any such agreement is not in con
formity with the provisions of this act and shall refuse to approve the
same, or if the employer and employee fail to reach an agreement in Failure to agree,
regard to compensation under this act, either employer or employee,
and when death has resulted from the injury and the dependents of
the deceased employee entitled to compensation are, or the apportion
ment thereof among them is, in dispute, any person in interest, may
file in the office of the commission a petition setting forth the names
and residences of the parties, the facts relating to the employment at
the time of the injury, the cause, extent, and character of the injury
and the knowledge of the employer or notice of the occurrence of the
injury; and, if an agreement had been reached between the parties
which had not been approved by the commissioner, the form of such
agreement and such other facts as may be necessary and proper for
the determination of the matter in dispute, and shall state the mat
ter in dispute and the claims of the petitioner with reference thereto.
177982°— 21— Bull. 272------ 35

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Notice of peti-

S e c . 31. Within four days after the filing of the petition, a copy
thereof attested by the clerk of the commission shall be mailed, postage
prepaid, to the other parties named in the petition, or notice be given
in such other manner as the commission may determine. #
Answers.
S ec . 32. Within ten days after the filing of such petition, all the
other parties interested in opposition to the petition shall file an answer
to said petition and furnish a copy thereof to the petitioner, which
answer shall state the claims of tne opponents with reference to the
matter in dispute as disclosed by the petition. The chairman or asso
ciate legal member may grant further time for filing answer and allow
amendments to said petition and answer at any stage of the proceed
ings. If any party opposing such petition does not file an answer within
the time limited, the hearing shall proceed upon the petition.
If any party be an infant or person under disability, either parent or a
guardian or a guardian ad litem for such infant or person under disa
bility may file the petition or answer required by this section.
Hearings.
S e c . 33. The whole matter shall then be referred to the chairman or
associate legal member of said commission, who shall fix a time for
hearing upon the request of either party, upon three days’ notice
given to the other party. All hearings shall be held in the town where
the accident occurred, unless the claimant shall in writing request that
it be held in some other place.
Procedure.
S e c . 34. If from the petition and answer there appear to be facts in
dispute, the chairman or associate legal member of the commission
shall then hear such witnesses as may be presented, or by agreement
the claims of both parties as to the facts in dispute may be presented
bv affidavits. From the evidence thus furnished the chairman or asso
ciate legal member shall, in a summary manner, decide the merits of
Decision.
the controversy. His decision, findings of fact, and rulings of law,
and any other matters pertinent to the questions raised at the hearing,
shall be filed in the office of the commission, and a copy thereof certi
fied by the clerk of the commission mailed forthwith to all parties
interested. His decision, in the absence of fraud, upon all questions of
fact shall be final.
Enforcement.
Any party in interest may present copies, certified by the clerk of
the commission, of any order or decision of the commission, or of its
chairman or associate legal member, or of any memorandum of agree
ments approved by the commissioner, together with all papers in
connection therewith, to the clerk of courts for the county in which
the injury occurred; whereupon any justice of the supreme judicial
court shall render a decree in accordance therewith and notify all
parties. Such decree shall have the same effect and all proceedings
m relation thereto shall thereafter be the same as though rendered in
a suit in equity duly heard and determined by said court, except
there shall be no appeal therefrom upon questions of fact found by
said commission, or its chairman or associate legal member, or where
the decree is based upon a memorandum of agreement approved by
the commissioner. Upon any appeal therefrom the proceedings shall
be the same as in appeals in equity procedure, and the law court may,
after consideration, reverse or modify any decree made by a justice
based upon an erroneous ruling of finding of law. There shall be no
appeal from a decree based upon any order or decision of the commis
sion or of its chairman or associate legal member, or upon any memo
randum of agreement approved by the commissioner which has not
been certified and presented to the court within twenty days after the
notice of the filing thereof by the commission or its chairman or asso
ciate legal member. Upon the presentation to it of a certified copy
of any decision of the chairman or associate legal member terminating,
diminishing, increasing, or modifying any payments under the pro
visions of section thirty-six, or under any decision of said chairman or
associate legal member, or any agreement approved by the commis
sioner, the court shall revoke or modify its decree, if any has been
based thereon, to conform to such decision.
enttUet°f agree" ,^EC^ nY. agreement between employer and employee filed
m s> cwith the commission and approved by the commissioner or any deci
sion of the chairman or associate legal member of said commission
under the provisions of section thirty-four, shall have the same effect

tion-

TEXT OF LAW S---- M A IN E .

547

as the judgment of a court, and a copy thereof certified to by the clerk
of said commission and filed with the clerk of the court of the county
in which either the employer or employee resides, or where the busi
ness of the employer is located, shall be enforceable by the supreme
judicial court by any suitable process, including execution against the
goods, chattels, and real estate, and including proceedings for con
tempt for willful failure or neglect to obey the orders or decrees of the
court, or in a,ny other manner that decrees in equity may be enforced.
S e c . 36. At any time before the expiration of two years from the
Review,
date of the approval of an agreement by the commissioner, or the entry
of a decree fixing compensation, but not afterwards, and before the
expiration of the period for which compensation has been fixed by
such agreement or decree, but not afterwards, any agreement, award,
findings, or decree may be from time to time reviewed by the chair
man or associate legal member upon the application of either party,
after due notice to the other party, upon the grounds that the inca
pacity of the injured employee has subsequently ended, increased,
or diminished. Upon such review the said chairman or associate
legal member may increase, diminish, or discontinue the compensa
tion from the date of the application for review, in accordance with
the facts, or make such other order as the justice of the case may re
quire, but shall crder no change of the status existing prior to the
application for review. The finding of the said chairman or associate
legal member upon such review shall be served on the parties and
filed with the clerk of the commission and may be certified to the
court in like time and manner and subject to like disposition as in the
case of original decrees: Provided, That an agreement for compensation
may be modified at any time by a subsequent agreement between the
parties approved by the commissioner in the same manner as original
agreements in regard to compensation are required to be approved by
the provisions of section thirty of this act.
Sec. 37. The commission may prescribe forms and make suitable Forms, orders,
orders as to procedure adapted to secure a speedy, efficient, and inex- e c’
pensive disposition of all proceedings under this act; and interpreting
this act it shall construe it liberally and with a view to carrying out its
general purpose. The rule that statutes in derogation of the common
law are to be strictly construed shall have no application to this act.
It may provide blank forms of notice, agreements, and other forms
required under this act.
Sec. 38. No proceedings under this act shall abate because of the Death,
death of the petitioner, but may be prosecuted by his legal repre
sentative or by any person entitled to compensation by reason of said
death, under the provisions of this act.
S e c . 39. An employee’s claim for compensation under this act shall
Limitation,
be barred unless an agreement or a petition as provided in section
thirty shall be filed within two years after the occurrence of the in
jury, or, in case of the death of the employee, or in the event of his
physical or mental incapacity, within two years after the death of the
employee or the removal of such physical or mental incapacity.
S e c . 40. This a c t shall be compulsory as to the State, counties,
Public employcities, water districts, and other quasi municipal corporations of a men s‘
similar nature. The provisions of section six of this act shall not
apply to the State, counties, cities, water districts, and other c[uasimunicipal corporations of a similar nature or to any towns voting to
accept the provisions of this act.
Sec. 41. All assenting employers shall make prompt report to the Reports of accommission of all accidents to their employees in the course of employ- C1 en s’
ment, with the average weekly wages or earnings of such employee,
together with such other particulars as the commission may require,
and shall also report whenever the injured employee shall resume his
employment and the amount of his wages or earnings.
Whenever any final settlement is made with an injured employee, Agreements to
either by the employer or insurance company, a copy of the receipt or e 6 •
final agreement showing the total amount of money paid to such injured
employee, shall be filed with the commission, but shall not be binding
without the approval of the commission, or of its chairman or associate
legal member. Any employer or insurance company that shall will-

548

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states.

fully neglect or refuse to make such reports or file any receipts or
agreements required to be filed under this act shall be liable to a forfei
ture of ten dollars for each day of such willful neglect or refusal, to be
enforced by the commission in an action of debt in the name of the
State. All sums so recovered shall be paid into the State treasury and
credited to the appropriation made for the administration of this act.
insurance coinS e c . 42. Any insurance company insuring employers under this act
panics to report.
out any blanks and answer all questions submitted to them
that may relate to policies, premiums, amount of compensation paid,
and such other information as the commission or the insurance com
missioner may deem important, either for the proper administration
of this act or for statistical purposes. Any insurance company which
shall refuse to fill out such blanks or answer such questions shall be
liable to a forfeiture of ten dollars for each day of such refusal, to be en
forced by the commission in an action of debt in the name of the State.
In case the employer or insurance company liable for any payment under
this act shall fail to make the same within ten days after notification by
the commission that said failure to make such payment is deemed by
said commission to be unreasonable, then for each day after the said ten
days, the said employer or the said insurance company, shall be liable
to a forfeiture of ten dollars each day for such failure or refusal, to be
enforced by the commission in an action of debt in the name of the State.
All moneys so recovered shall be paid into the State treasury and
credited to the appropriation for the administration of this act.
B i e n n i a l reS e c . 43. The commission shall make a report for the biennial period
P°rts*
ending June thirtieth of an even year giving such full statistical in
formation as may be contained in its department in relation to the
administration of this act, particularly with reference to the number of
employees affected, the number injured, the amount of compensations
received, and the cost of the same to the employers.
Interstate comS e c . 4 4 . This act shall affect the liability of employers to employees
merce*
engaged in interstate or foreign commerce or otherwise only so far as
the same is permissible under the laws of the United States.
Payments to
S e c . 45. If an employee receiving a weekly payment under this act
nonresidents.
ghan cease to reside in the State, or, if his residence at the time of the
accident is in an adjoining State, the commission upon application of
either party may, in its discretion, having regard to the welfare of the
employee and the convenience of the employer, order such payments
to be made monthly or quarterly instead of weekly.
Provisions sevgEC> 45 # j f an y par^ 0r section of this act be decided by the courts to
erabie.
unconstitutional or invalid, the same shall not affect the validity of
the act as a whole, or any part thereof, which can be given effect without
the part so decided to be unconstitutional or invalid.
Fal se stateS e c . 47. If for the purpose of obtaining any benefit or payment
mentsunder the provisions of thi§ act, either for himself or for any other
person, any one willfully makes a false statement or representation he
shall be guilty of a misdemeanor and liable to a fine of not exceeding
fifty dollars, and shall forfeit all right to compensation under this act
after conviction for such offense.
Impersonating
S e c . 4 8 . No person other than a member of the commission or its
officials.
duly authorized subordinates and employees shall in any manner
directly or indirectly represent the commission and procure settlement
of any claim arising under this act, or in any manner directly or in
directly hold himself out to any employee, dependent, or other person
interested in his claim to have any authority to act for said commission
for any purpose under this act. Any person violating the provisions
of this section shall be punished by a fine not exceeding two hundred
dollars, or by imprisonment not to exceed sixty days, or by both.
Prior injuries.
S e c . 49. The provisions of this act shall not apply to injuries sus
tained or accidents which' occur prior to the first day of January, A. D.
nineteen hundred sixteen.
Sec. 50. [Repealer of act of 1915 and amendments.]
Approved April 4, 1919

MARYLAND.
PU BLIC G E N E R A L LA W S.
A r t ic l e

101.— Workmen's compensation.

S ection 1. A commission is hereby created which shall be known

industrial accias the State Industrial Accident Commission, to be composed of three dent C0niinissi011*
commissioners. Immediately upon the taking effect of this act the
governor shall appoint such commissioners (not more than two of whom
shall belong to the same political party). One of them shall hold office
for the first two years, another for the first four years, and another for
the first six years following the passage and approval of this article.
Thereafter the terms shall be six years. Each commissioner shall
devote his entire time to the duties of tho office, and shall not hold any
position of trust or engage in any occupation or business interfering or
inconsistent with his duties as such commissioner, or serve on or under
any committee of a political party. Each commissioner shall hold
office until his successor shall be appointed and shall have qualified.
Vacancies shall be filled by the governor for the unexpired term.
A decision on any question arising under this article concurred in by
two of the commissioners shall be the decision of the commission.
The governor may at any time remove any commissioner from office
for inefficiency, neglect of duty, or malfeasance in office. Before such
removal he shall give such commissioner a copy of the charges against
him and shall fix a time when he can be heard in his own defense,
either in person or by counsel, which shall not be less than ten days
thereafter, and such hearing shall be open to the public. The governor
shall designate a member of said commission as chairman thereof.
The principal office of the commission shall be in the city of Baltimore, Offices,
but branch offices may be established at other places in the State for
the purpose of administering this article.
S ec . 2. A majority of the commission shall constitute a cjuorum for Quorum,
the transaction of business, and a vacancy shall not impair the right
of the remaining members to exercise all the powers of the full com
mission, so long as a majority remains. Any investigation, inquiry,
or hearing which the commission is authorized to hold or undertake
may be held or undertaken by or before any one member of the com
mission, and every order made by a member thereof, when approved
and confirmed by a majority of the members and so shown on its record
of proceedings, shall be deemed to be the order of the commission.
S ec . 3. The salary of each of the commissioners shall be three thou Salaries.
sand dollars ($3,000) per annum, and shall be paid out of the State
treasury, and in addition to the said sum of three thousand dollars
per annum each of said commissioners shall also receive the sum of two
thousand dollars per annum which shall be paid out of its funds by the
mayor and city council of Baltimore to each of said commissioners as
employees of said municipal corporation.3 In addition to the salary
provided in this section each commissioner shall be allowed his actual
an d necessary traveling and incidental expenses.
S e c . 4. The commission shall be in continuous session and open for Sessions.
the transaction of business during all business hours of each and every
day, except Sundays and legal holidays. All sessions shall be open to
the public, and shall stand and be adjourned without further notice
thereof on its record. All proceedings of the commission shall be
shown on its record of proceedings, which shall be a public record, and
shall contain a record of each case considered and the award paid or
allowed to any employee of the commission, or to any other person
3 Chapter 713, Acts of 1916, fixes the salaries of the commissioners at $5,000 each per
annum, payable entirely from Slate funds, and directs that no payments on such account
shall be made by the city of Baltimore after Oct. 1,1916.

549

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for service: Provided, however, That any person in the employ of the
commission who shall divulge any information secured by him in
respect to the transactions, property, or business of any person, firm,
company, or corporation, association or joint partnership to any person
other than the members of the commission shall be guilty of a misde
meanor and subject to a fine of not less than $100 or more than $500, or
imprisonment, not exceeding 18 months, in the discretion of the court,
and shall thereafter be disqualified from holding any appointment or
employment with the commission.
Employees.
g £C> 5 . The commission may employ a secretary, actuaries, account
ants, inspectors, examiners, experts, clerks, stenographers, and other
assistants, and fix their compensation subject to the written approval
of the governor; such compensation shall be paid out of the appropria
tion in the State treasury provided for in this act. The secretary,
actuaries, accountants, inspectors, examiners, experts, clerks, stenog
raphers, and other assistants that may be employed shall be entitled
to receive their actual necessary expenses while traveling on the
business of the commission. Such expenses shall be itemized and
sworn to by the person who incurred the expense, and allowed by the
commission. The commission shall keep and maintain its main office
and such branch offices as it shall deem proper and necessary for the
administration of the act, and shall provide suitable rooms, necessary
office furniture, supplies, books, periodicals, and maps for the same.
All necessary expenses shall be audited and paid out of the appropria
tion in the State treasury provided for in this article. It shall provide
itself with a seal for the authentication of its orders, awards, and pro
ceedings, upon which shall be inscribed the words “ State Industrial
Accident Commission, State of Maryland-—Official S e a l/’
Each member of the commission and each person appointed to office
or employment by the commission shall before entering upon the
duties of his office or employment take and subscribe the constitutional,
oath of office.
Secretary.
g EC> 0 . The secretary of the commission shall keep and maintain
a full and true record of all proceedings of the commission, of all docu
ments or papers ordered filed by the commission or by its rules, of
decisions or orders made by any member of the commission, and of all
decisions or orders made by the commission or approved and confirmed
by it and ordered filed, and he shall be responsible to the commission
for the safe custody and preservation of all suc h documents at its office.
He shall have the power to administer oaths in all parts of the S tate, so
far as the exercise of such power is properly incident to the performance
of his duty or that of the commission. He may designate, from time to
time with the approval of the commission, one of the clerks of the office
appointed by the commission to exercise the powers and duties of the
secretary during his absence. Under the direction of the commission,
the secretary shall have general charge of its office, superintend its
clerical business, and perform such other duties as the commission may
prescribe.
Powers of comg Ec. 7 . Each member of the commission, the secretary thereof, and
mission ers,e c.
gp ecj a j examiner or inspector shall, for the purpose contemplated
by this act, have power to issue subpoenas, compel the attendance of
witnesses, administer oaths, certify to official acts, take depositions
within or without the State of Maryland as now provided by law,
compel the production of pertinent books, pay rolls, accounts, papers,
records, documents, and testimony.
If a person in attendance before the commission or a commissioner
refuse, without reasonable cause, to be examined or to answer a legal
and pertinent question, or to produce a book or paper when ordered
to do so by the commission, the commission may apply to any judge
of the supreme bench of Baltimore City, or of the circuit court of
any county, upon proof by affidavit of the fact, for a rule or order
returnable in not less than two or more than five days, directing such
person to show cause before the judge who made the order, or any other
judge aforesaid, why he should not be committed to jail. Upon the
return of such order, the judge before whom the matter and such
person shall come on for a hearing shall examine under oath suck
person and such person shall be given an opportunity to be heard; and

any

T E X T

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if the judge shall determine that such person has refused, without
reasonable cause or legal excuse, to be examined or to answer a legal
or pertinent question, or to produce a book or paper which he has
ordered to bring or produce, he may forthwith commit the offender to
jail, there to remain until he submits to do the act which he was so
required to do, or is discharged according to law.
No person shall be excused from testifying or from producing any
books or papers or documents in any%investigation or inquiry by or
upon any hearing before the commission or any commissioner, when
ordered to do so by the commission or its secretary, upon the ground
that the testimony or evidence, books, papers, or documents required
of him may tend to incriminate him or subject him to penalty or for
feiture; but no person shall be prosecuted, punished, or subjected to
any penalty or forfeiture^ for or on account of any act, transaction,
matter, or thing concerning which he shall, under oath, have, by
order of the commission or a commissioner or its inspector or examiner,
testified to or produced documentary evidence of: Provided, however,
That no person so testifying shall be exempt from prosecution or
punishment for any perjury committed by him in his testimony.
Sec. 8 . Each officer who serves such subpoena shall receive the Fees.
same fee as the sheriff would receive in the county or city where said
witness is subpoenaed, and each witness who appears in obedience to
a subpoena before the commission or an inspector or an examiner shall
receive for his attendancethe fees and mileage provided for witnesses
in civil cases in the circuit courts of the counties or the common-law
courts of Baltimore City, as of the place where he gives his testimony,
which shall be audited and paid from the State treasury in the same
manner as other vouchers approved by any member of tlie commission
and the secretary. No witness subpoenaed at the instance of a party
other than the commission, or an inspector or examiner, shall be
entitled to compensation from the State treasury unless the commission
shall certify that his testimony was material to the matter investigated.
In an investigation, the commission may cause depositions of witnesses
residing within or without the State to be taken in the manner pre
scribed by law for like depositions taken in cases pending before the
circuit courts of the counties or the common-law courts of Baltimore
City, as is now or hereafter may be provided by law.
Sec. 9. Subject to the provisions of this article, the State Industrial Procedure
Accident Commission shall adopt reasonable and proper rules to govern
its procedure, which procedure shall be as summary and simple as
reasonably may be. It shall regulate and provide for the kind and
character of notices, and the services thereof, and in cases of injury
by accident to employees the nature and extent of the proofs anci
evidence and the method of taking and furnishing the same for the
establishment of the right to compensation. It shall determine the
nature and forms of application of those claiming to be entitled to bene
fits or compensation, and shall regulate the method of making investi
gations, physical examinations, and inspection and prescribe the time
within which adjudications and awards shall be made: Provided, ahvays,
That all such rules and regulations shall conform to the provisions of
this article.
Sec. 10. The commisson shall not be bound by the usual common- Pr o c e e d
law or statutory rules of evidence or by any technical or formal rules of not formal.
procedure other than as herein provided^ but may make the investiga
tion in such manner as in its judgment is best calculated to ascertain
the substantial rights of the parties and to carry out Justly the spirit of
this act.
Sec. II. A transcribed copy of the evidence and proceedings or any Evidence.
specific part thereof, of any investigation taken by a stenographer
appointed by the commission being certified^ and sworn to by such
stenographer, to be a true and correct transcript of the testimony, or
of a particular witness, or any specific part thereof, or to be a correct
transcript of the proceedings had on such investigation so purporting
to be taken and subscribed, may be received in evidence by the com
mission with the same effect as "if such stenographer were present and
testified to the facts certified. A copy of such transcript shall be
furnished on demand to any party in interest upon payment of the fee

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therefor, as provided for transcripts in the circuit courts of the counties
or the common-law courts of Baltimore City.
Blanks.
Sec. 12. The commission shall prepare and furnish free of cost blank
forms and provide in its rules for their distribution so that the same may
be readily available, of applications for benefits or compensation
notices, to employers, proof of injury or death, of medical attendance,
of employment, and wage earnings and such other blanks as may be
deemed proper and advisable, and it shall be the duty of employers to
constantly keep on hand a sufficient supply of such blanks.
Reports.
S e c . 13. Annually on or before the first day of January the State
Industrial Accident Commission shall make a report to the governor,
which shall include a statement of the number of awards made by it,
the causes of the accidents leading to the injuries for which the 'awards
were made, and a detailed statement of the expenses of the commission
and the condition of the State accident fund, together with any other
matters which the commisson deems proper to report to the governor,
including any recommendations as it may desire to make.
Compensation
S e c . 14 (as amended by chapter 597, acts of 1916). Every employer
to be paid.
subject to the provisions of this article, shall pay or provide as required
herein compensation according to the schedules of this article for the
disability or death of his employee resulting from an accidental per
sonal injury sustained by the employee arising out of and in the course
of his employment without regard to fault as a cause of such injury,
except where the injury is occasioned by the willful intention of the
injured employee to bring about the injury or death of himself or of
another, or where the injury results solely from the intoxication of the
injured employee while on duty. Where the injury is occasioned by
the willful intention of the injured employee to bring about the injury
or death of himself or of another, or where the injury results solely from
the intoxication of the injured employee while on duty, neither the
injured employee nor any dependent of such employee shall receive
compensation under this article.
Suits allowed,
The liability prescribed by the last preceding paragraph shall be
when.
exclusive, except that if an employer fail to secure the payment of com
pensation for his injured employees and their dependents as provided
in this article, an injured employee or his legal representative in case
death results from the injury, may, at his option, elect to claim com
pensation under this article, or to maintain an action in the courts for
damages on account of such injury; and in such an action the defendant
may not plead as a defense that the injury was caused by the negligence
of a fellow servant or that the employee assumed the risk of his employment, or that the injury was due to the contributory negligence of the
employee. If an employer, besides employing workmen in extrahazardous employment within the meaning of this article, shall also
employ workmen in employments not extrahazardous, the provisions
of this article shall apply only to the extrahazard ous employments
within the meaning of this article and the workmen employed therein,
except as provided in section 33 of this article.
Security of comS e c . 15 (as amended by chapter 597, acts of 1916). The employer
ments1011 pay" shall secure compensation to his employees in one of the following"ways:
(1) By insuring and keeping insured the payments of such com
pensation in the State accident fund, or
( 2) By insuring and keeping insured the payments of such com
pensation with any stock corporation or mutual association authorized
to transact the business of workmen’s compensation insurance in this
State.
(3) Any such employer who does not with the approval of said com
mission voluntarily insure the payment of the compensation by one
of the methods designated in the preceding paragraphs of this section,
must furnish satisfactory proof to the commission of his financial
ability to pay such compensation himself, in which case the commission
may, at any time and from time to time in its discretion, require the
deposit with the commission of securities, such as are accepted by the
equity courts of Baltimore City for the investment of trust funds and
in an amount or amounts to be determined by the commission, to
secure the liability of the employer to pay the compensation specified
in this act; and in order to be informed as to the continued financial

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responsibility of any such employer the commission may require
reports from him annually or at such other times as the commission
may deem necessary or advisable and may examine such employer
under oath or make such other examination of his business as the com
mission may determine. If he should fail to furnish such satisfactory
proof, or give bond, or deposit such securities as required by the com
mission, or if he should at any time fail to render satisfactory reports to
the commission or otherwise" satisfy the commission of his continued
financial ability to pay the compensation himself, he shall be subject
to the provisions of the first paragraph of this section of this act and
shall be required by the commission to insure as provided in the first
paragraph of said this section, unless he, at once, insure voluntarily as
provided in the second paragraph of this section.
Any employer, subject to the provisions of this article, who after
November first, nineteen hundred and fourteen, fails or refuses to sub
mit to said commission, as provided in the next succeeding paragraphs,
the method he desires to adopt for assuring compensation, or who shall
fail to secure insurance by one of such methods, shall be guilty of a
misdemeanor, and shall be subject to a fine of not less than five hundred
nor more than five thousand dollars. The court may, in its discretion,
remit any such penalty: Provided, The employer in'default assures the
compensation as provided in this section: And provided further, That
he has paid or secured to be paid any compensation or other benefits
under this act which may have been awarded against him.
S e c . 16 (as amended by chapter 597, acts of 1916). The State I n - State accident
dustrial Accident Commission is hereby authorized and directed to
create and establish a fund to be known as the “ State accident fund,”
for ^the purpose of insuring employers against liability under this
article and to their employees and their dependents the payment of the
compensation specified in this article. Such fund shall consist of all
premiums or taxes received and paid into the fund and of property and
securities acquired and interest earned through the use of moneys
belonging to the fund. Said fund shall be administered by the com
mission and shall be applicable to the payment of losses sustained on
account of insurance and to the payment of expenses in the manner
provided in this article.
S e c . 17 (as amended by chapter 597, acts of 1916). For the purpose
Premiums,
of creating such State accident fund each employer insured in this
fund or required to be insured therein by this act shall pay into the
State treasury the premiums of liability based upon and being such
percentage of the pay roll of such employer, as may have been deter
mined and published by the commission and be then in effect. The
premiums shall be paid every four months, and shall be the prescribed
percentage of the total wages paid to all employees subject to the act
for such preceding four month s’ period. The State treasurer shall
issue his receipt for any sums paid him hereunder in duplicate, the
original to be delivered to the person, firm, or corporation or other
employer paying the same and the duplicate filed with the commission:
Provided, however, That in order to create a fund available upon the
application of this article as aforesaid on November first, one thousand
nine hundred and fourteen, the payments for the months of November,
one thousand nine hundred and fourteen, to February, inclusive, one
thousand nine hundred and fifteen, shall be made on or before Novem
ber first, one thousand nine hundred and fourteen, and* be prelimi
narily based upon the pay roll of the operations of the first four months
of the year one thousand nine hundred and fourteen. If any em
ployer be found to have overpaid for such four months he may deduct
such overpayment from the next succeeding four months’ payment
made to the fund; if any employer be found to have underpaid for
such four months, he shall pay the deficiency with the first four months’
payment made by him after the end of said four months.
S e c . 18. If a single establishment of work insured in the State Severaloccupaaccident fund comprises several occupations listed in section 32 of this 10ns*
act, the premium shall be computed according to the pay roll of each
occupation, if clearly separable; otherwise an average rate of premium
shall be charged for the entire establishment, taking into consideration
the number of employees and the relative hazards. In computing the

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pay roll the entire compensation received by every workman employed
in extrahazardous work and insured in the State accident fund, within
the meaning of this act, shall be included, whether it be in the form
of salary, wage, piecework, overtime, or any allowance in the way of
profit sharing, premium, or otherwise, and whether payable in money,
board, or otherwise: Provided, The money value of board and similar
advantages shall have been fixed by parties at the time of hiring.
Classification of
Sec. 19. It shall be the duty of the commission to classify any inindustries.
dustries subject to this act, mentioned or not mentioned, which are
insured in the State accident fund. And the commission shall have
power on or before the first day of January of each year to reclassify
such industries, or oftener, if in the opinion of the commission the
same should be deemed just and advantageous; or to create additional
classification with respect to their respective degrees of hazard and
determine the risk of the different classes, and fix the rates of premium
for each class, according to the risks of the same sufficiently large to
guarantee a workmen’s compensation fund from year to year. It shall
be the duty of the commission in determining the rates, in order to
create a fund sufficiently large to guarantee a workmen’s compensation
fund from year to year to also reclassify from time to time the industries
or occupations in order that there may be a flexible adjustment of the
rates as the hazard fluctuates, and to use all means in their power
through the rate adjustment to lessen the opportunities for injuries to
the workmen. The classification #so determined and the rates of
premium established shall be applicable for such year; and based on
each one hundred dollars of the gross annual pay roll of each employer in
any class: Provided, also, That for the purpose of this act the pay of the
employee partly within and partly without the State shall be deemed
to be such proportion of the total pay of such employee as his services
within the State bears to his services outside the State.
Form of pay
Sec. 20. The commission may establish and require all employers
rolL
insured in the State accident fund to install and maintain a
uniform pay roll. The commission shall ascertain and establish the
amounts to be paid into and out of the accident fund, issue proper
receipts for moneys received, and certificates for benefits accrued and
accruing from the State accident fund.
Reports thrice
S e c . 21. Every employer subject to the operation and effect of this
yearly.
act who shall insure in the State accident fund shall every four months
submit a report to the commission herein created, according to the
regulations and requirements it may prescribe, of his pay roll for the
four months then ending. A faliure to comply with this section shall
subject the employer to an extra contribution of one hundred dollars
to be collected by the commission in a civil action in its name. The
amount collected under this section shall be paid into the State acci
dent fund.
Any employer who shall with fraudulent intent misrepresent to the
commission the amount of pay roll upon which the premium under this
act is based shall be liable to the commission in ten times the amount
of the difference in the premium paid and the amount the employer
should have paid. The liability to the commission under this pro
vision shall be enforced in a c n il action in the name of the commission.
All sums collected under this section shall be paid into the State acci
dent fund.
Default in payS e c . 22. If an employer shall default in any payment required to be
ments.
made by him to the State accident fund, the amount due from him
shall be collected by civil action against him in the name of the State
of Maryland, and it shall be the duty of the commission on the first
Monday of each month after November first, nineteen hundred and
fourteen, to certify to the attorney general of the State the names and
residences, or places of business, of all employers known to the com
mission to be m default for such payment or payments for a longer
period than five days and the amount due«from each employer, and it
shall then be the duty of the attorney general forthwith to bring or
cause to be brought against each employer a civil action in the proper
court for the collection of such amount so due, and the same when
collected shall be paid into the State accident fund, and each em
ployer’s compliance with the provisions of this chapter requiring

5 55

TEXT OF LAW S— MAKYLAND.

payments to be made to the State accident fund shall date from the
time of the payment of said money so collected as aforesaid to the said
commission for credit to the State accident fund.
S e c . 2 3. Ten per centum of the premiums collected from employers
insured in the State accident fund shall be set aside by the commission
for the creation of a surplus until such surplus shall amount to the sum
of fifty thousand dollars, and thereafter five per centum of such pre
miums until such time as in the judgment of said commission such surplus
shall be sufficiently large to coyer the catastrophe hazard. The com
mission shall also set up and maintain a reserve adequate to meet antici
pated losses and cany all claims and policies to maturity.
S e c . 24. The treasurer of the State shall be the custodian of the State
accident fund and all disbursements therefrom shall be paid by him
upon order or voucher, approved and signed by the chairman or acting
chairman and secretary of the commission, and directed to the comp
troller of the State, who shall draw his warrant therefor. It shall be the
duty of the treasurer to keep and maintain the fund herein created
separate and distinct from other State funds. On and after January
first, nineteen hundred and fifteen, the obligation in the bond of the
State treasurer shall contain a provision securing the protection of this
fund.
S e c . 25. Whenever and as often as there shall be in the hands of the
treasurer any sum belonging to the State accident fund not likely, in
the opinion of the commission, to be required for immediate use, it
shall be the duty of the board of public works, when called upon by
the commission, to invest the same in interest-bearing securities, such
as are accepted by the equity courts of Baltimore City for the invest
ment of trust funds, and when and as it may become necessary 01*
expedient to use the moneys so loaned or invested the board of public
works shall, when called upon by the commission, collect or sell or
otherwise realize upon any such loan or investment, and any interest
received upon any such loan or investment, as well as any interest
received upon the deposit of moneys belonging to said fund shall be
credited to said fund.
The State treasurer may deposit any portion of the State fund not
needed for immediate use, in the manner and subject to all the pro
visions of law respecting the deposit of other State funds by him.
Interest earned by such portion of the State accident fund deposited
by the State treasurer shall be collected by him and placed to the
credit of the fund.
S e c . 26 (as amended by chapter 379, acts of 19'16). Any employer,
after entering the State accident fund may withdraw from said fund
after the period of one year upon giving sixty (60) days’ notice of his
intention so to do and upon paying all arrears, if any, of premiums due
the said fund, and upon assuring compensation to his employees by one
of the other methods specified in the act.
S ec . 27 (as amended by chapter 597, acts of 1916). The entire
expense of conducting and administering the State accident fund as
likewise all other expenses of the State Industrial Accident Commission
shall be paid in the first instance by the State out of the moneys appro
priated for the maintenance of the State Industrial Accident Com
mission and the payment of the salaries and expenses of said commission
and its officers and employees. In the month of January, nineteen hun
dred and eighteen, and annually thereafter in such month, the com
mission shall ascertain the just expense incurred by the commission
during the preceding calendar year, in conducting and in the adminis
tration of the State accident fund, by including the salaries of the
superintendent of said fund and such other employees of the commission
whose services were rendered exclusively to said fund, and all other
expenses incurred exclusively for said fund; and the amount of such
salaries and expenses shall be chargeable to the State accident fund.
And if there be employees of the commission, other than the members
themselves and the secretary, whose time is devoted partly to the
general work of the commission and partly to the work of the State
accident fund, and in case there are any other expenses which are
incurred jointly on behalf of the general work of the commission and the
State accident fund, an equitable apportionment of the salaries of such

Surplus,

Custody or

Investment*

W ithdrawing

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Expenses,

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employees and expenses shall be made by the commission and the part
thereof which is applicable to the State accident fund shall likewise be
chargeable thereto; and the commission shall authorize, in the same
manner as other disbursements from the State accident fund are author
ized, the whole amount so chargeable to the State accident fund to be
transferred from said fund by the treasurer to the State treasury to
reimburse the State for the moneys so appropriated and expended in
conducting and administering the State accident fund for the calendar
year ending December thirty-first, nineteen hundred and seventeen
and for each calendar year thereafter.
Adjustment.
As soon as practicable after January first, nineteen hundred and
eighteen, and annually thereafter, the commission shall ascertain as
fully and accurately as possible the total pay roll of all the employers
of this State, subject to the provisions of this act, for the preceding
calendar year, whether insured in the State accident fund, in a stock
company, or mutual association, or self-insured, and shall also calculate
and ascertain the amount paid by the State for administrative expenses
of the State Industrial Accident Commission during said preceding
calendar year, excluding the amount chargeable to the State acci
dent fund under the preceding paragraph of this section. The com
mission shall then calculate and determine the percentage which
the total amount of such salaries and expenses, other than the amount
chargeable to the State accident fund, bore to the total pay roll,
ascertained as aforesaid for that year, of all the employers of this State
subject to the provisions of this act; and the percentage so calculated
and determined shall be assessed against all such employers carrying
their own insurance in proportion to their several pay rolls, and all
insurance carriers, including the State accident fund, in proportion
to the aggregate pay roll of employers insured therewith, as a special
tax for the maintenance of the State Industrial Accident Commission,
other than for conducting and administering the State accident fund,
for the calendar year ending December thirty-first, nineteen hundred
and seventeen, and for each calendar year thereafter: Provided, howevery
That the total amount to be assessed against and paid by such insurance
carriers and self-insurers shall not exceed sixty thousand dollars for
any one year.
Payment of said taxes may be enforced by civil action in the name
of the State of Maryland, and the amounts so assessed and collected by
the commission shall be paid into the State treasury to reimburse the
State for this portion of the expense of administering the workmen’s
compensation law. And the commission shall be and it is hereby
clothed with such power and authority to examine pay rolls and require
reports from employers and insurance carriers as may be reasonable and
necessary to carry out the provisions of this section and to adopt rules
and regulations in regard thereto.
Distribution of Sec. 28. If this article shall be hereafter repealed, all moneys which
repealin °ase of are in the State accident fund at the time of the repeal shall be subject
to such disposition as may be provided by the legislature, and in de
fault of such legislative provision, distribution thereof shall be in
accordance with the justice of the matter, due regard being had to
obligations of compensation incurred and existing.
Policies.
S e c . 29. Every policy for the insurance of the compensation herein
provided for, or against liability therefor, shall be deemed to be made
subject to the provisions of this act. No company or association shall
enter into any such policy of insurance until such company or associa
tion shall first obtain from the insurance commissioner of Maryland a
license of authority for the purpose, which said commissioner of insur
ance shall have full power and authority from time to time to determine
the adequacy of its or their premium "rates for carrying compensation
insurance as provided in this law, and until the form of such policy
shall have been approved by the State Industrial Accident Commis
sion; and said insurance commissioner shall have full power and au
thority to require said insurance companies to establish and maintain
adequate rates to cover respective risks to which their policies are
applicable under the provisions of this act. Any person violating the
provisions of this section shall be subjected to a fine of not less than
one hundred nor more than one thousand dollars for each offense.

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Sec. 30. Every policy of insurance covering the liability of the em- Provisions of
ployer for compensation issued by a stock company or by a mutual P°licies*
association authorized to transact workmen’s compensation insurance
in this State, shall contain a provision setting forth the right of the
commission to enforce in the name of the State of Maryland for the bene
fit of the person entitled to the compensation insured by the policy
either by filing a separate application or by making the insurance car
rier a party to the original application, the liability of the insurance
carrier in whole or in part for the payment of such compensation: Pro
vided, however, That payment in whole or in part of such compensation
by either the employer or the insurance carrier shall to the extent
thereof be a bar to the recovery against the other of the amount so paid.
Every such policy shall contain a provision that, as between the em
ployee and the insurance carrier, the notice to or knowledge of the
occurrence of the injury on the part of the employer shall be deemed
notice or knowledge, as the case may be, on the part of the insurance
carrier; the jurisdiction of the employer shall, for the purpose of this
act, be jurisdiction of the insurance carrier, and that the insurance
carrier shall in all things be bound by and subject to the orders, find
ings, decisions, or awards rendered against the employer for the pay
ment of compensation under the provisions of this article.
Every such policy shall contain a provision to the effect that the
insolvency or bankruptcy of the employer shall not relieve the insur
ance carrier from the payment of compensation for injuries or death
sustained by an employee during the life of such policy.
Every contract or agreement of an employer the purpose of 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 of
such employer or his officer, agent, or servant, if engaged in extrahaz
ardous employment, shall be absolutely void unless it shall also cover
liability for the payment of the compensation provided for by this
article.
_No contract or insurance issued by a stock company or mutual asso- Cancellation,
ciation against liability arising under this article shall be canceled
within the time limited in such contract for its expiration until at
least ten days after notice of intention to cancel such contract, on a
date specified in such notice, shall be filed in the office of the commis
sion 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 reg
istered letter, addressed to the employer at his or its last-known place
of residence: Provided, That if the employer be a partnership, then
such notice may be so given to any one of the partners, and if the em
ployer be a corporation, then the notice may be given to any agent or
officer of the corporation upon whom legal process may be served.
Sec. 31. Nothing herein shall affect any existing contract of policy Existing poliof employer’s liability insurance or the liability of any mutual insur-Cles>etc*
ance association, or any arrangement now existing between employers
and employees, providing for the payment to such employees, their
families, ^dependents, or representatives of sick, accident, or death
benefits in addition to the compensation provided for by this article;
but liability for the compensation specified in this article shall not be
reduced or affected by any insurance, contribution, or other benefit
whatsoever, due to or received by the person entitled to such compen
sation, and the person so entitled shall, irrespective of any such insur
ance or other contract, have the right to recover the compensation
directly from the employer.
S e c . 32 (as amended by chapter 597, acts of 1916). Compensation E xtrahazardprovided for in this article shall be payable for injuries sustained or ments.emP
death incurred by employees engaged in the following extrahazardous
employments:
( 1)
The operation, including construction and repair, of railways
operated by steam, electric, or other motive power, street railways, and
inclined railways, but not in their construction when constructed by
any person other than the company which owns or operates the rail
ways, including work of express, sleeping, parlor, and dining car em
ployees on railway trains.

.5 5 8

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.
(2 ) Construction and operation of railways not included in para
graph. one.
(3) The operation, including construction and repair, of car shops,
machine shops, steam and power plants, and other works for the pur
poses of any such railway, or used or to be used in connection with
it when operated, constructed, or repaired by the company which owns
or operates the railway.
(4) The operation, including construction and repair, of car shops,
machine shops, steam and power plants not included in paragraph
three.
(5) The operation, including construction and repair, of telephone
lines and wires for the purposes of the business of a telephone company,
or used or to be used in connection with its business, when constructed
or operated by the company.
(6 ) The operation, including construction and repair, of telegraph
lines and wires for the purposes of the business of a telegraph com
pany, or used or to be used in connection with its business, when con
structed or operated by the company.
(7) Construction of telegraph and telephone lines not included in
paragraphs five and six .
( 8) The operation, within or without the State, including repair, of
vessels other than vessels of other States or countries used in interstate
or foreign commerce when operated or repaired by the company.
(9) Shipbuilding, including construction and repair in a shipyard
or elsewhere, not included in paragraph eight.
( 10) Longshore work, including the loading or unloading of cargoes
or parts of cargoes of grain, coal, ore, freight, general merchandise, lum
ber or other products or materials, or moving or handling the same on
any dock, platform, or place, or in any warehouse or other place of
storage.
(11) Subaqueous or caisson construction and pile driving.
(12) Construction, installation or operation of electric-light and
electric-power lines, dynamos, or appliances and power transmission
lines.
(13) Paving, sewer, and subway construction, work under com
pressed air; excavation, tunneling and shaft sinking, well digging,
laying and repair of underground pipes, cables and wires, not in
cluded in paragraph 5 of this section. ^
(14) Lumbering, logging, river driving, rafting, booming, sawmills,
shingle mills, lath mills, manufacture of veneer and of excelsior,
manufacture of staves, spokes, or headings.
(15) Pulp and paper mills.
(16) Manufacture of furniture, interior woodwork, organs, pianos,
piano actions, canoes, small boats, coffins, wicker and rattan ware,
upholstering, manufacture of mattresses or bed springs.
(17) Planing mills, sash and door factories, manufacture of wooden
and corrugated paper boxes, cheese boxes, moldings, window and door
screens, window shades, carpet sweepers, wooden toys, articles, and
wares or baskets.
(18) Mining, reduction of ores and smelting, preparation of metals
or minerals.
(19) Quarries; sand, shale, clay or gravel pits, lime kilns; manu
facture of brick, tile, terra cotta, fireproofing, or paving blocks, manu
facture of calcium carbide, cement, asphalt, or paving material.
( 20) Manufacture of glass, glass products, glassware, porcelain, or
pottery.
(21) Iron, steel, or metal foundries, rolling mills; manufacture of
castings, forgings, heavy engines, locomotives, machinery, safes,
anchors, cables, rails, shafting, wires, tubing, pipes, sheet metal,
boilers, furnaces, stoves, structural steel, iron, or metal.
( 22) Operation and repair of stationary engines and boilers, not
included in other paragraphs of this section.
(23) Manufacture of small castings or forgings, metal wares, instru
ments, 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, photographic cameras
and supplies, sheet-metal products, buttons.

TEXT OF LAWS— MAEYLAND,

§59

(24) Manufacture of agricultural implements, thrashing machines,
traction engines, wagons, carriages, sleighs, vehicles, automobiles,
motor trucks, toy wagons, sleighs, or baby carriages.
(25) Manufacture of explosive and dangerous chemicals, corrosive
acids or salts, ammonia, gasoline, petroleum, petroleum products,
celluloid, gas, charcoal, gunpowder, or ammunition.
(26) Manufacture of paint, color, varnish, oil, jap&ns, turpentine,
printing ink, printers’ rollers, tar, tarred, pitched, or asphalted paper.
(27) Distilleries, breweries; manufacture of spirituous or malt liquors,
alcohol, wine, mineral water, or soda waters.
(28) Manufacture of drugs and chemicals, not specified in para
graph 25, medicines, dyes, extracts, pharmaceutical or toilet prepa
rations, soaps, candles, perfumes, noncorrosive acids or chemical
preparations, fertilizers, including garbage disposal plants; shoe black
ing or polish.
(29) Milling; manufacture of cereals or cattle foods, warehousing;
storage; operation of grain elevators.
(30) Packing houses*, abattoirs, manufacture or preparation of meats
or meat products or glue.
(31) Tanneries.
(32) Manufacture of leather goods and products, belting, saddlery,
harness, trunks, valises, boots, shoes, gloves, umbrellas, rubber goods,
rubber shoes, tubing, tires, or hose.
(33) Canning or preparation of fruit, vegetables, fish, or foodstuffs;
pickle factories and sugar refineries.
(34) Bakeries, including manufacture of crackers and biscuits,
manufacture of confectionery, spices, or condiments.
(35) Manufacture of tobacco, cigars, cigarettes, or tobacco products.
(36) Manufacture of cordage, ropes, fiber, brooms, or brushes; manila
or hemp products.
(37) Flax mills; manufacture of textiles or fabrics, spinning, weaving,
and knitting manufactories; manufacture of yarn, thread, hosiery,
cloth, blankets, carpets, canvas, bags, shoddy, or felt.
(38) Manufacture of men’s or women’s clothing, white wear, shirts,
collars, corsets, hats, caps, furs, or robes.
(39) Power laundries; dyeing, cleaning, or bleaching.
(40) Printing, photo-engraving, stereotyping, electrotyping, litho
graphing, embossing; manufacture of stationery, paper, cardboard
boxes, bags, or wall paper; and bookbinding.
(41) The operation, otherwise than on tracks, on streets, highways,
or elsewhere of cars, trucks, wagons or other vehicles, and rollers and
engines, propelled by steam, gas, gasoline, electric, mechanical or
other power, or drawn by horses and mules.
(42) Stone cutting or dressing; marble works; manufacture of arti
ficial stone; steel building and bridge construction; installation of ele
vators, fire escapes, boilers, engines, or heavy machinery; bricklaying,
tile laying, mason work., stone setting, concrete work, plastering; and
manufacture of concrete blocks; structural carpentry; painting, deco
rating, or renovating; sheet-metal work; roofing; construction, repair,
and demolition of buildings and bridges; plumbing, sanitary, or heat
ing engineering; installation and covering of pipes or boilers.
(43) In addition to the employments set out m the preceding para
graphs, this act is intended to apply to all extrahazardous employ
ments not specifically enumerated herein.
Sec. 33. Any employer, his employee, or employees engaged in Who may elect,
works not extrahazardous within the meaning of this article may, by
their joint election, hied with the commission, accept the provisions of
this article and such acceptances when approved by the commission
shall subject them to the provisions of this article to all intents and
purposes as if they had been originally included in its terms.
Any workman of the age of sixteen years and upwards may himself
exercise the election hereby authorized. The"right of election hereby
authorized shall be exercised on behalf of any workman under the age
of sixteen years by his parent or guardian. Nothing herein shall be
construed to apply to workmen of less than the minimum age pre
scribed by law for the employment of minors in the occupations in which
such wortmen shall be engaged.

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The provisions of this article shall apply to employers and em
ployees engaged in the intrastate and also in interstate or foreign
commerce for whom a rule of liability or method of compensation has
been or may be established by the Congress of the United States only
to the extent that their mutual connection with intrastate work may and
shall be clearly separable and distinguishable from interstate or foreign
commerce, except that any such employer and any of his workmen only
in this State may, with the approval of the commission and so far as
not forbidden by any act of Congress, voluntarily accept the provisions
of this article by filing written acceptances with the commission, which
shall subject the acceptors to the provisions of this article to all intents
and purposes as if they had been originally included in its terms,
interstate comS e c . 34. Whenever there shall have been enacted by the Congress
meree.
0 f ^ e United States and shall be in effect any act providing an exclu
sive remedy and compensation to employees of common carriers by
railroad while employed in interstate or foreign commerce who sustain
personal injury by accident arising out of and in the course of such em
ployment and resulting in disability, or to the dependents of such em
ployees in case such injury results in death, it shall be lawful for any
such common carrier by railroad in this State and its employees or any
of them, by agreement between such employer and employees, to pro
vide for the payment by the employer of compensation in the amounts
at the times and in the manner specified in said act of Congress to any
employee who, while employed by such employer in commerce or
business wholly within the State, sustains personal injury by accident
arising out of and in the course of his employment and resulting in his
disability, or to the dependents, as defined in said act of Congress, of
such employee in case such injury results in his death; and in and by
such agreement to stipulate and agree that, except as provided therein,
such employer shall not be civilly liable for any injury to or death of
any such employee resulting from any such accident.
If any such employer shall file with the commission an instrument
in writing under its corporate seal offering to enter into such an agree
ment with all and any of its employees in this State and referring to
such act of Congress, and shall cause notice of such offer filed to be pub
lished once each week for three successive weeks following tlie date of
such filing in a newspaper published in each county in this State
through which such employer runs regularly any freight or passenger
train, and in two newspapers published in the city of Baltimore, if
such employer runs regularly any freight or passenger train into or
through said city, every employee of such employer shall be conclu
sively presumed to accept such offer of the employer and to have en
tered into such agreement, unless such employee shall, within thirty
days after the filing of such offer by the employer, file with the com
mission a notice in writing or statement declining such offer; and at the
expiration of said period of thirty days the terms of said agreement shall
be mutually binding upon the employer and upon every employee not
so declining, but any employee or the employer may at any time by
filing with the commission not less than thirty days’ notice in writing
of his or its intention so to do,, terminate such agreement upon his or
its part as to all accidental injuries occurring after the expiration of
such notice.
Municipalities.
s Ec. 35. Whenever the State, county, city, or any municipality shall
engage in any extrahazardous work within the meaning of this article
in which workmen are employed for wages, this article shall be appli
cable thereto. Whenever and so long as by State law, city charter, or
v
municipal ordinance, provision equal or better than that given under
the terms of this article is made for municipal employees injured in the
course of employment such employees shall not be entitled to the
benefits of this article.
■Scale of coms EC. 36 (as amended by chapters 368 and 597, acts of 1916). Each
pensation.
employee (or in qase of death his family or dependents), entitled to
receive compensation under this article, shall receive the same in
accordance with the following schedule, and except as in this article
otherwise provided, such payment shall be in lieu of any and all rights
of action whatsoever against any person whomsoever.

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( 1) In cass of total disability adjudged to be permanent fifty per Permanent tocentum of the average weekly wages shall be paid to the employee ta disal)ility.
during the continuance of such total disability, exclusive of the first
week, not to exceed a maximum of twelve dollars per week and not less
than a minimum of five dollas per week unless the employee’s estab
lished weekly wages are less than five 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 of five thousand dollars. Loss of both hands, or both arms, or
both feet or both legs, or both eyes, or of any two thereof shall, in the
absence of conclusive proof to the contrary, constitute permanent total
disability. In all other cases permanent total disability shall be de
termined in accordance with the facts.
( 2) In case of temporary total disability fifty per centum of the Temporary to*
average weekly wages shall be paid to the employee during the continn- fca disability,
ance thereof, but not in excess of a maximum of twelve dollars per week,
and not less than a minimum of five dollars per week unless the em
ployee’s established weekly wages are less than five dollars per week at
the time of the injury, in which event he shall receive compensation
equal to his full wages, but in no case to continue more than six years
from the date of the injury or to exceed thirty-seven hundred and fifty
dollars in the aggregate.
(3) In case of disability partial in character but permanent in quality Permanentparthe compensation shall be fifty per centum of the average weekly wages,
lsa 1 y*
in no case to exceed twelve dollars per week or more than three thou
sand dollars in the aggregate, and shall be paid to the employees for the
period named in the schedule as follows:
Thumb: Fpr the loss of a thumb, fifty weeks.
First finger. For the loss of a first finger, commonly called the index
finger, thirty weeks.
Second finger. For the loss of a second finger, twenty-five weeks.
Third finger. For the loss of a third finger, twenty weeks.
Fourth finger. For the loss of a fourth finger commonly called the
little finger, fifteen weeks.
^The loss of the second, or distal, phalange of the thumb shall be con
sidered to be equal to the loss of one-half of such thumb; the loss of
more than one-half of such thumb shall be considered to be equal to the
loss of the whole thumb. The loss of the third, or distal, phalange of
any finger shall be considered to be equal to the loss of one-third of such
finger. The loss of the middle or second phalange of any finger shall be
considered to be equal to the loss of two-thirds of such finger. The loss
of more than the middle and distal phalange of any finger shall be con
sidered to be equal to the loss of the whole of such finger: Provided,
however, That in no case shall the amount received for more than one
finger exceed the amount provided in this schedule for the loss of a
hand.
Great toe. For the loss of a great toe, twenty-five weelks.
Other toes. For the loss of one of the toes other than the great toe,
ten weeks.
Hand. For the loss of a hand, one hundred and fifty weeks.
Arm. For the loss of an arm, two hundred weeks.
Foot. For the loss of a foot, one hundred and fifty weeks.
Leg. For the loss of a leg, one hundred and seventy-five weeks.
Eye. For the loss of an eye, one hundred weeks.
Loss of use. Permanent loss of the use of a hand, arm, foot, leg, or
eye shall be considered as the equivalent of the loss of such hand, arm,
foot, leg, or eye, and for the loss of the fractional part of the vision of
either one or both eyes the injured employee shall be compensated in
like proportion to the compensation for total loss of vision.
Amputations. Amputations between the elbow and the wrist shall
be considered as the equivalent of the loss of a hand. Amputation
between the knee and the ankle shall be considered as the equivalent
of the loss of a foot. Amputation at or above the elbow shall be consid
ered as the loss of an arm. Amputation at or above the knee shall be
considered as the loss of the leg.
177982°—21— Bull. 272------ 36

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The compensation for the foregoing specific injuries shall he in lieu of
all other compensations, except the benefits provided in section thirtyseven of this article.
Other cases. In all other cases in this class of disability the compen
sation shall be fifty per centum of the difference between his average
weekly wages and his ^wage-earning capacity thereafter in the same
employment or otherwise, if less than before the accident (but not to
exceed twelve dollars per week\ payable during the continuance of
such partial disability^ but not to exceed three thousand dollars, and
subject to reconsideration of the degree of such impairment by the com
mission on its own motion or upon application of any party in interest.
In all cases where there has been an amputation of a part of any mem
ber of the body herein specified or the loss of the use of any part thereof,
for which compensation is not specifically provided herein, the com
mission shall allow compensation for such proportion of the total number
of weeks allowed for the amputation or the loss of use of the entire mem
ber, as the affected or amputated portion thereof bears to the whole.
Temporary par(4 ) i n case of temporary partial disability, except the particular cases
tiaidisability,
mentioned in subdivision three of this section, an injured employee
shall receive fifty -per centum of the difference between his average
weekly wages and his w a g e -e a r n i n g capacity thereafter in the same em
ployment or otherwise, if less than before the accident, during the con
tinuance of such partial disability, but not in excess of three thousand
five hundred dollars, except as otherwise provided in this articlr.
Death.
In case the injury causes death within the peiiod of two years, the
benefits shall be in the amounts and to the persons following:
If there be no dependents, the disbursements shall be limited t<> the
expenses provided for in section thirty-seven hereof.
If there are wholly dependent persons at the time of the death, the
payment shall be fifty per centum of the average weekly wages, and to
continue for the remainder of the period between the date of the death
and eight years after the date of the injury, and not to amount to more
than a maximum of four thousand two hundred and fifty dollars, nor le>s
than a minimum of one thousand dollars.
If there are partly dependent persons at the time of the death, the
payment shall be fifty per centum of the^average weekly wages, ami to
continue for all or such portion of the period of eight years after the date
of the injury, as the commission in each [case] may determine, and not to
amount to more than a maximum of three thousand dollars.
The following persons shall be presumed to be wholly dependent for
support upon a deceased employee: A wife or invalid husband (‘‘ in
valid ’ ’ meaning one physically or menially incapacitated from earning',
a child or children under the age of sixteen years (or over said age if
physically or mentally incapacitated from earning) living with or de
pendent upon the parent at the time of the injury or death.
In all other cases questions of dependency, in whole or in part, shall
becletermined in accordance with the facts in each particular case ex
isting at the time of the injury resulting in death of such employee, but
no person shall be considered as dependent unless such person be a
father, mother, grandfather, grandmother, stepchild, or grandchild, or
brother or sister of the deceased employee, including those otherwise
specified in this section.
Nonresident Compensation under this article to alien dependent widows, chile ciaries.
dren, and parents, not residents of 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 resulting in death, the commis
sion may in its discretion commute any payments thereafter becoming
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 threefourths of the then value of such payments."
Nonresident alien dependents may be officially represented by the
consular officers of the nation of which such alien or aliens may be cit
izens or subjects, and 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 of such consular
officers shall be a full disc harge of alt sums paid to and received by them.

TEXT OF LAW S— MARYLAND.

563

Sec. 37 (as amended by chapter 597, acts of 1916). In addition to
the compensation, provided for herein the employer shall promptly
provide for an injured employee, such medical, surgical, or other at
tendance or treatment, r^urse and hospital services, medicines, crutches,
and apparatus as may be required by the commission in an amount not
to exeeed one hundred and fifty dollars ($150). If the employer fail
to provide the same the injured employee may do so at the expense of
the employer. All fees and other charges for such treatment and serv- Meotfcal, etc.,
ices shall be subject to regulations by the commission, and shall be a e ance>
limited to such charges as prevail in the same community for similar
treatment of injured persons of a like standard of living, and in case
death ensues from the injury within two years, reasonable funeral ex
penses shall be allowed ixot to exceed the sum of seventy-five dollars
($75): Provided, however, That if there are no dependents and the de
ceased employee leaves sufficient estate to pay same, all expenses of
last sickness and burial shall be paid by said estate and not by the em
ployer or insurance company or commission out of the State accident
fund, as the case may be. The commission shall have full power to
adopt rules and regulations with respect to furnishing medical, nurse,
hospital services, and medicines to injured employees entitled thereto
and for the payment therefor.
Sec . 38. Notiee of an injury for which compensation is payable un- Notice,
der this article shall be given to the employer within ten days after the
accident, and also in case of the death of the employee resulting from
such injury, within thirty days after such death. Such notice may be
in writing and contain the name and address of the employee, and state
in ordinary language the time, place, nature, and cause of the injury,
and be signed by mm or by a person on his behalf, or in case of death,
by any one or more of his dependents, or b y a person on their behalf.
The failure to give such notice, unless excused by the commission
either on the ground that notice for some sufficient reason could not have
been given, or on the ground that the State accident fund, insurance
company, or employer, as the case may be, has not been prejudiced
thereby, shall be a bar to any claim under this article.
Whenever an accident occurs to any employee it shall be the duty Report,
of the employer to at once report such accident and the injury result
ing therefrom to tho commission, and also to any legal representative of
the commission. Such report shall state (a) the time, cause, and nature
of the accident and injuries, and the probable duration of the injury re
sulting therefrom; (h) whether the accident arose out of or in the course
of the injured person’s employment; (c) any other matters the rules and
regulations of the commission may prescribe.
S e c . S9- (as amended by chapter 597, acts of 1916). When an em- Application,
ployee is entitled to compensation tinder this article he shall file with
the commission his application together with the certificate of the phy
sician, if any, who attended him, within thirty days after the beginning
of his disability, for which compensation is claimed, and failure to do so,
unless excused by the commission, either on the ground that the insur
ance carrier or the employer has not been prejudiced thereby, or for
some other sufficient reason, shall be a bar to any claim under the act.
When death results from injury, the parties entitles to compen
sation under this article or some one in their behalf, shall make appli
cation for same to the commission, which application must be accom
panied with proof of death and proof of relationship showing the
parties to be entitled to compensation under this article, certificates
of attending physician, if attended by a physician, and such other
proof as may be required by the rules of the commission.
S e c . 40. The commission shall make or cause to be made such Investigation,
investigation of any claim as it deems necessary, and upon applica- 6 c‘
tion of either party shall order a hearing, and within thirty days after a
claim for compensation is submitted under this section, or euch hear
ing closed, shall make or deny an award, determining such claim for
compensation, and file the same in the office of the commission,
together with a statement of its conclusions of fact and rulings of law.
The commission may, if it deems proper, on the written application of
any party in interest, or on its own motion, require the claimant to
appear before an arbitration committee appointed by it and consisting

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of one representative of employees, one representative of employers,
and either a member of the commission or a person specially deputized
by the commission to act as chairman, before which the evidence in
regard to the claim shall be adduced and by which it shall be con
sidered and reported upon with the right of either party to appeal to the
commission from the finding of said arbitration committee on all
questions of law and fact.
If changes of circumstances warrant an increase or rearrangement
of compensation, like application shall be made.# No increase^ or
rearrangement shall be operative for any period prior to application
therefor.
Fraud.
gEC> 41 . Any person who shall knowingly secure or attempt to secure
larger compensation or compensation for a longer term than he ia
entitled to, or knowingly secure or attempt to secure compensation
when he is not entitled to any, shall be guilty of a misdemeanor, and
upon conviction thereof shall be fined not exceeding five hundred
dollars or imprisoned not exceeding twelve months, or both, in the
discretion of the court, and shall from and after such conviction cease
to receive any compensation.
Medical exami- Sec. 42. Any employee entitled to receive compensation under
na 10ns.
this article is required, if requested by the commission to submit
himself for medical examination at a time and from time to time at a
place reasonably convenient for the employee and as may be provided
by the rules of'the commission. If the employee refuse to submit to
any such examination, or obstructs the same, his right to compensation
shall be suspended until such examination has taken place, and no
compensation shall be payable during or for account of such period.
Second injuries. Sec. 43. Should a further accident occur to an employee already
receiving payment under this article for a disability, or who has been
previously the recipient of a lump-sum payment under this article, his
future compensation shall be adjusted according to the other provisions
of this article, and with regard to the combined effect of his injuries
Remarriage of and his past receipt of compensation under this article. In case of the
owe?r °r
"remarriage of a dependent widow of a deceased employee without
dependent children, all compensation under this article shall cease,
and further no widow or widower shall receive any benefits under this
article where the marriage shall have taken place after the person
entitled to benefits hereunder shall have been injured, provided
there are no dependent children.
Review of Xf aggravation, diminution, or termination of disability takes place
awar s.
or foe discovered after the rate of compensation shall have been estab
lished or compensation terminated in any case, the commission may,
upon the application of any party in interest or upon its own motion,
readjust for future application the rate of compensation in accordance
with rules in this section provided, or, in a proper case, terminate the
payments.
Deserting
a husband or wife of an injured employee who has deserted said
spouse.
employee for more than one year prior to the time of the injury or
subsequently shall not be a beneficiary under this article.
In case of the remarriage of a dependent widow of a deceased em
ployee without dependent children, all compensation under this
article shall cease, and further no widow* or widower shall receive any
benefits under this article wrhere the marriage shall have taken place
after the person entitled to benefits hereunder shall have been injured,
provided there are no dependent children.
Removingfrom Sec. 44. If a beneficiary shall reside or remove out of the State
a e*
and shall have been such nonresident for a period of one year, the
commission may in its discretion convert any payments thereafter to
become due to such beneficiary into a lump-sum payment, not in any
case to exceed twenty-four hundred dollars, by paying a sum equal to
three-fourths of the then value of such payments.
In t en ti°n al ^ gEC. 45 . jf injury or death results to a workman from the deliberate
Jur^‘
intention of his employer to produce such injury or death, the em
ployee, the widow, widower, child, children, or dependents of the
employee shall have the privilege either to take under this article or
have cause of action against such employer as if this article had not
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Sec. 46 (as amended by chapter 507, acts of 1916). Notwithstanding Injuries not
anything hereinbefore or hereinafter contained, no employee or coniPeilsate( •
dependent of any envployee shall be entitled to receive any compen
sation or benefits under this article on account of any injury to or
death of an employee caused by self-inflicted injury, the willful mis
conduct, or where the injury or death resulted solely from the intoxica
tion of the injured employee.
Sec. 4 7 . If it be established that the injured employee was of such Learners, etc.
age and experience when injured as that under the natural conditions
his wages would be expected to increase, this fact may be considered
in arriving at his average weekly wage.
Sec. 48. A minor working at an age legally permitted under the Minors.
laws of this State shall be deemed sui juris for the purposes of this
article, and no other person shall have any cause of action or right to
compensation for any injury to such minor employee unless otherwise
herein provided.
Sec. 49. No compensation shall be allowed for two weeks after Waiting time,
the injury is received except disbursements herein authorized for
medical, nurse, and hospital services and medicines, and for funeral
expenses.
Sec. 50. The benefits in case of death shall be paid to such one
of
or more of the dependents of the decedent for the benefit of all the
011
s'
dependents as may be determined by the commission, which may
apportion the benefits among the dependents in such manner as it
may deem just and equitable. The dependent or persons to whom
benefits are paid shall apply the same to the use of the several bene
ficiaries thereof according to their respective claims upon the decedent
for support, in compliance with the findings and direction of the com
mission.
Sec. 51 In every case providing for compensation to an employee Lump sums,
or his dependent, excepting temporary disability, the commission may,
if in its opinion the facts and circumstances of the case warrant it,
allow the compensation to be paid in a partial or total lump sum.
S e c . 52. No money payable under this article shall, prior to issuance A s 31Saments,
and delivery of the warrant or voucher therefor, be capable of being e c*
assigned, charged, or taken in execution or attachment.
S e c . 53. No employer or employee who are subject to the provisions
of this article shall exempt himself from the burden or Waive the Waivers,
benefit of this article by any contract, agreement, rule, or regulation,
and any such contract, agreement, rule, or regulation shall be pro tanto
void. No agreement by such employee to pay any portion of the
premium paid by such employer shall be valid, and any employer
V ho deducts any portion of such premium from the wages or salary of
any employee entitled to the benefits of this article shall be guilty of a
misdemeanor, and upon conviction thereof shall be fined not more
than two hundred dollars for each offense.
S e c. 54. The powers and jurisdiction of the commission over each J u risd iction
case shall be continuing, and it may from time to time make such modi- contmuillgfications or change with respect to former findings or orders with respect
thereto as in its opinion may be justified.
S e c . 55. If an employee shall be injured because of the absence of Absence of safeany safeguard or protection required by the commission, the employer gLUl
shall be guilty of a misdemeanor and liable to a fine of not less than fifty
dollars or more than five hundred dollars, to be paid into the State
accident fund.
S e c . 56. Any employer, employee, beneficiary, or person feeling Appeals,
aggrieved by any decision of the commission affecting his interests
under this article may have the same reviewed by a proceeding in the
nature of an appeal and initiated in the circuit court of the county or
in the common-law courts of Baltimore City having jurisdiction oyer
the place where the accident occurred or over the person appealing
from such decision, and the court shall determine whether the com
mission has justly considered all the facts concerning injury, whether
it has exceeded the powers granted, it by the article, whether it lias
misconstrued the law and facts applicable in the case decided. If the
court shall determine that the commission has acted within its powers
and lias correctly construed the law and facts, the decision of the com-

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mission shall be confirmed, otherwise it shall be reversed or modified.
Upon the hearing of such an appeal the court shall, upon motion of
either party filed with the clerk of the court according to the practice
in civil cases, submit to a jury any question of fact involved in such
case. The proceedings in every such an appeal shall be informal and
summary, but full opportunity to be heard shall be had before judg
ment is pronounced. No such appeal shall be entertained unless notice
of appeal shall have been served personally upon some member of the
commission within thirty days following the rendition of the decision
appealed from. An appeal shall not be a stay. If the decision of the
commission shall be changed or modified, the practice prevailing in
civil cases as to the payment of costs and the fees of medical and other
witnesses shall apply. Appeal shall lie from the judgment of the cir
cuit court of the county or the common-law courts of Baltimore City
to the court of appeals as in other civil cases, and such appeals shall
have precedence over all cases except criminal cases.
The attorney general shall be the legal ad viser of the commission and
shall represent it in all proceedings whenever so requested by any of
the commissioners in all court proceedings under or pursuant to this
article. The decision of the commission shall be prima facie correct
and the burden of proof shall be upon the party attacking the same.
Costs and fees. Sec. 57. If the commission or the court before which any proceed
ings for compensation or concerning an award of compensation have
been brought, under this article, determines that such proceedings
have not been so brought upon reasonable ground, it shall assess the
whole cost of the proceeding upon the party who lias so brought them.
Claimp for legal services in connection with any claims arising under
this article and claims for services or treatment rendered or supplies
furnished pursuant to section thirty-six of this article shall not be en
forceable unless approved by the commission. If so approved, such
claim or claims shall become a lien upon the compensation awarded,
but shall be paid therefrom only in the manner fixed by the commis
sion.
th^dabV-ity ° f ^EC#
Where the injury or death for which compensation is payparties.
uncjer
article was caused under circumstances creating a legal
liability in some person, other than the employer, to pay damages in
respect thereof, the employee, or in case of death, his personal repre
sentative 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 of joint tort feasors
against both; and if compensation is claimed and awarded or paid
under this article any employer may enforce for the benefit of the in
surance company or association carrying the risk or the State'accident
fund, or himself, as the case may be, the liability of such other person:
Provided, however, If damages are recovered in excess of the compen
sation already paid or awarded to be paid under this article, then any
such excess shall be paid to the injured employee or, in case of death,
to his dependents, less the employer’s expenses and costs of action.
Law of limita- Sec. 59. If the provisions of this article relative to compensation for
when
rUn’ injuries to or death of employees become invalid because of any adju
dication, or be repealed, the period intervening between the occur
rence of an injury or death not previously compensated for under this
article by lump payment or completed periodical payments shall not
be computed as a part of the time limited by law for the commencement
of any action relating to such injury or death: Provided, That such
action is commenced within one year after such repeal or adjudication,
but in any such action any sum paid to the employee on account of
injury for which the action is prosecuted shall be taken into account
or disposed of as follows: If the defendant employer shall have insured
himself as provided for in this article without delinquency, such sums
as may have been paid to the employee or his dependents on account
of injury or death shall be credited upon recovery as payment thereon.
Records on aps EC. 59a (added by chapter 597, acts of 1916). I t shall be the duty
s‘
of the clerk of the court to which the case is sent on appeal, under the
preceding section, to send to the commission a duly certified copy of
the docket entries, and judgment of the court in each case heard and
determined on appeal.

T E X T

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5 6 7

Se c . 60. If any employer shall be adjudicated to be outside the law- Cases outside
ful scope of tliis article, the article shall not apply to him or his em- sc°Peofaet*
ployees; if any employee shall be adjudicated to be outside the lawful
scope of this article, because of remoteness of bis work from the hazard
of his employer’s work, any such adjudication shall not impair the
validity of this article in other respects, and in every such case an
accounting in accordance with the justice of the case shall be had of
moneys received.
S e c . 60a (added by chapter 597, acts of 1916). Wheh any person as Contractors and
a principal contractor, undertakes to execute any work which is a part subcontractorsof his trade, business, or occupation which he has contracted to per
form and contracts with any other person as subcontractor, for the
execution by or under the subcontractor, of the whole or any part of
the work undertaken by the principal contractor, the principal con
tractor shall be liable to pay to any workman employed in the execu
tion of the work any compensation under this article which he would
have been liable to pay if that workman had been immediately em
ployed by him; and where compensation is claimed from or proceed
ings are taken against the principal contractor, then, in the application
of this article, reference to the principal contractor shall be substituted
for reference to the employer, except that the amount of compensation
shall be calculated with reference to the earnings of the workman under
the employer by whom he is immediately employed.
Where the principal contractor is liable to pay compensation under
this section, he shall be entitled to indemnity from any employer, who
would have been liable to pay compensation to the employee inde
pendently of this section, and. shall have a cause of action therefor
against such employer.
Nothing in this section shall be construed as preventing a workman
from recovering compensation under this article from the subcontrac- ’
tor instead of from the contractor.
Whenever an employee of a subcontractor files a claim under this
article against the principal contractor, the principal contractor shall
have the right to join the subcontractor or any intermediate contractors
as defendant or codefendant in the case.
S e c . 61. The rule that statutes in derogation of the common law are to Construction to
be strictly construed shall have no application to this article; but this bellberaL
article shall be so interpreted and construed as to effectuate its general
purpose.
S ec . 62. In any proceedings for the enforcement of a claim for com- Presumptions,
pensation under this article, it shall be presumed in the absence of
substantial evidence to the contrary :
(а) That the claim comes within the provisions of this article.
( б) That sufficient notice thereof was given.
(r) That the injury was not occasioned by the willful intention of
the injured employee to bring about the injury or death of himself or
of another.
(d)
That the injury did not result solely from the intoxication of the
injured employee while on duty.
S ec . 63 (as amended by chapters 86 and 597, acts of 1916). Defini- Definitions,
tions as used in this article: ( 1) “ Extrahazardous employment” means
a work or occupation described in section thirty-two of this article.
(2) “ Employer,” except when otherwise expressly stated, means a
person, partnership, association, corporation, and the legal representa
tives of a deceased employer, or the receiver or trustee of a person,
partnership, association, or corporation employing workmen in extrahazardous employments.
(3) “ Employee” means a person who is engaged in an extrahazard
ous employment in the service of an employer carrying on or conduct
ing the same upon the premises or at a plant, or in the course of his em
ployment away from the plant of his employer, and shall not include
farm laborers. “ Farm laborers,” as used in this article, shall mean
auy employees who at the time of the accident, are engaged in render
ing any agricultural service^ including the thrashing and harvesting of
crops, or who, at the time of the accident, are engaged in service in
cidental to and in connection with agricultural pursuits or develop
ments, whether the employer be the farmer or other person under-

568

o r k m

Appropriation.

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 .

taking or contracting with the farmer 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, nor in any case where the accident oc
curred before this article takes effect, nor to casual employees or any
employee whose salary is in excess of two thousand dollars a year, or
any employees who are employ ed wholly without the State.
(4) “ Employment” includes employment only in a trade, busi
ness, or occupation carried on by the employer for pecuniary gain.
(5) “ Compensation ” means the money allowance payable to an em
ployee or to his dependents as provided for in this article, and includes
funeral benefits provided therein.
( 6) “ Injury” and “ personal injury” mean only accidental injuries
arising out of and in the course of employment and such disease or
infection as may naturally result therefrom.
(7) “ Death,’ ’ when mentioned as a basis for the right to compensa
tion means only death resulting from such injury.
( 8) “ Average weekly wages” for the purposes of this article shall
be taken to mean the average weekly wages earned by an employee
when working on full time.
(9) “ State accident fund” means the State insurance fund provided
for in section sixteen of this article.
( 10) “ Child” shall include a posthumous child and a child legally
adopted prior to the injury of the employee.
( 11) “ Beneficiary” means a husband, wife, child, children, or de
pendents of an employee in whom shall vest a right to receive pay
ment under this article.
(12) “ Mining” means all underground workings by shaft, drift,
slope or otherwise, for the securing, removing and taking out from
under the ground coal, iron ore, clays, and all other minerals and min
eral substances, found in and under the earth, and shall mean all work
done by any miner or employee working in and about said mines in
said shafts, slopes, headings, tunnels, rooms, and other subterranean
places therein for the purposes of obtaining and removing therefrom
all such minerals and mineral substances, and the benefits of this
article shall be extended to any employee, or in case of his death, to
his dependent relatives, otherwise entitled, who shall be killed or
injured while so working or employed therein, and such mine worker
shall be deemed to be wholly employed in the State of Maryland, and
entitled to the benefits of this article if the tipple, mouth or principal
mine entrance in and about which he works, is situated in this State,
notwithstanding such shaft, heading, slope or other subterranean tun
nel may extend underground into an adjoining State, and notwith
standing such mine worker so employed in this State may be killed or
injured while working in said mine beyond the lines of this State, and
within the lines of an adjoining State.
S e c . 64. The sum of forty thousand dollars ($40,000) annually for the
years nineteen hundred and fourteen, nineteen hundred and fifteen,
and nineteen hundred and sixteen, or so much thereof as may he neces
sary annually for the maintenance of the State Industrial Accident
Commission and the payment of the salaries and expenses of said com
mission and its officers and employees, and so much thereof, if any, as
may be necessary to maintain a solvent State accident fund, is hereby
appropriated, and shall be payable on the order or orders of the said
commission from time to time as in this law provided; and the comp
troller shall draw his warrant upon the treasurer of Maryland, as in
law provided, for the annual appropriations. And a further appropria
tion is hereby made of the sum of fifteen thousand dollars for the year
nineteen hundred and fourteen for the necessary expenses of the afore
said State Industrial Accident Commission to cover printing, office fix
tures, and such other legitimate expenses as the commission may incur
in establishing their office or offices as in this article contemplated, and
the comptroller of the State of Maryland shall draw his warrant upon the
treasurer of Maryland for the sum of fifteen thousand dollars ($15,000),
or any part thereof, upon the order or orders presented to the State comp
troller by the said State Industrial Accident Commission.

T E X T

O F

S e c . 65. Chapter one hundred and fifty-three of the Acts of nineteen
hundred and ten, as amended by chapter four hundred and forty-five
of the Acts of nineteen hundred and twelve of the General Assembly of
Maryland [establishing a miners’ cooperative insurance fund in Alle
gany and Garrett counties] are hereby repealed, except for the purpose
of providing confirmation for all claims which may arise thereunder
prior to the first day of November, nineteen hundred and fourteen; and
if after all such claims are paid there be a surplus in the fund, it shall
be turned over to the treasurer of Maryland for the account of the State
industrial accident fund, but if there be a deficit in said fund at the
time this act takes effect as between employers and employees, the
payments provided for under chapter one hundred and fifty-three of
the Acts of nineteen hundred and ten as amended by chapter four
hundred and forty-five of the Acts of nineteen hundred and twelve
shall be continued by the employers and employees of Allegany and
Garrett counties to tlie treasurers of said counties until such pending
claims are paid, when said payments shall cease.

569

L A W S ----M A R Y L A N D .

Repeal,

MASSACHUSETTS.
ACTS OF 1911.
C h a p te r

751.— Compensation of workmen for injuries.
Part

MODIFICATION OF R EM EDIES.

S ectio n 1. In an action to recover damages for personal injury sustained by an employee in the course of his^employment. or for death
resulting from personal injury so sustained, it shall not be a defense:
1. That the employee was negligent:
2 . That the injury was caused by the negligence of a fellow employee;
3. That the employee had assumed the risk of the injury.
Exemptions.
Sec. 2. The provisions of section one shall not apply to actions to
recover damages for personal injuries sustained by domestic servants
and farm laborers.
Employees of
Sec. 3. The provisions of section one shall not apply to actions to
subscribers.
recover damages for personal injuries sustained by employees of a sub
scriber.
Same.
S e c . 4. The provisions of sections^ one hundred and twenty-seven to
one hundred and thirty-five, inclusive, and of one hundred and fortyone to one hundred and forty-three, inclusive, of chapter five hundred
and fourteen of the acts of the year nineteen hundred and nine, and of
any acts in amendment thereof, shall not apply to employees of a sub
scriber while this act is in effect.
Presumption of ^ S e c . 5. An employee of a subscriber shall be held to have waived his
waiver.
right of action at common law to recover damages for personal injuries
if he shall not have given his employer, at the time of his contract of
hire, notice in writing that he claimed such right, or if the contract of
hire was made before the employer became a subscriber, if the em
ployee shall not have given the said notice within thirty days of notice
of such subscription, An employee who has given notice to his em
ployer that he claimed^ his right of action at common law may waive
such claim by a notice in writing which shall take effect five days after
it is delivered to the employer or his agent.
Abrogation

defenses.

Part

II.

paym ents.

S e c tio n 1 . If an employee who has not given notice of his claim of
common law rights of action, as provided in part I, section five, or who
has given such notice and has waived the same, received a personal
injury arising out of and in the course of his employment, lie shall be
paid compensation by the association, as hereinafter provided, if his
employer is a subscriber at the time of the injury.
Misconduct.
Sec. 2. If the employee is injured by reason of his serious and willful
misconduct he shall not receive compensation.
Double com- # S e c . 3 (as amended by ch. 571, acts of 1912). If the employee is
pensation.
injured by reason of the serious and willful misconduct of a subscriber
or of any person regularly intrusted with and exercising the powers of
superintendence the amounts of compensation hereinafter provided
shall be doubled. In such case the subscriber shall repay to the asso
ciation the extra compensation paid to the employee. If a claim is
made under tiiis section the subscriber shall be allowed to appear and
defend against such claim only.
"Waitingtime.
S e c . 4 (as amended by ch, 90, acts of 1916). No compensation shall
be paid under this act for any injury which does not incapacitate the
Cr°hipeni?tion

payable, when.

570

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L A W S ----M A S S A C H U S E T T S .

571

employee for a period of at least ten days from earning full wages, but
if incapacity extends beyond the period of ten days, compensation shall
begin on the eleventh day after the injury. When compensation shall
have begun it shall not be discontinued except with the written assent
of the employee or the approval of the board, or a member thereof:
Provided, however, That such compensation shall be paid in accordance
with section ten of part II of said chapter seven hundrd and fifty-one,
as amended by section five of chapter seven hundred and eight of the
acts of the year nineteen hundred and fourteen, if the employee in fact
earns wages at any time after the original agreement is filed.
Sec. 5 (as amended by ch. 198, acts of 1917). During the first two Medical, etc.,
weeks after the injury, and, if the employee is not immediately inca- aid.
pacitated thereby from earning full wages, then from the time of such
incapacity, and in unusual cases, in the discretion of the board, for a
longer period, the association shall furnish adequate and reasonable
medical and hospital services, and medicines, when they are needed.
The employee shall have the right to select a physician other than the
one provided by the association, and in case he shall be treated by a
physician of his owrn selection, or, where in case of emergency or for
other justifiable cause, a physician other than the one provided by the
association is called in to treat the injured employee, the'reasonable
cost of his services shall be paid by the association, subject to the
approval of the industrial accident board. Such approval shall be
granted only if the board finds that the employee was so treated by
such physician, or that there was such emergency or justifiable cause,
and, in all cases, that the services were adequate and reasonable and the
charges reasonable.
S e c . 6 (as amended by ch. 708, acts of 1914). If death results from
Death benefits,
the injury, the association shall pay the dependents of the employee,
wholly dependent upon his earnings for support at the time of the inj urv, a weekly payment equal to sixty-six and two-thirds per cent of
his average weekly wages, but not more than ten dollars nor less than
four dollars a week for a period of five hundred weeks from the date of
the in ju ry b u t in no case shall the amount be more than four thou
sand dollars. If the employee leaves dependents only partially de
pendent upon his earnings for support at the time of his injury, the
association shall pay such dependents a weekly compensation equal
to the same proportion of the weekly payments for the benefit of per
sons wholly dependent as the amount contributed by the employee to
such partial dependents bears to the annual earnings of the deceased
at the time of his injury. When weekly payments have been made to
an injured employee before his death, the compensation to dependents
shall begin from the date of the last of such payments, but shall not con
tinue more than five hundred weeks from the date of the injury.
Sec. 7 (as amended by oh. 204,. acts of 1919). The following persons Dependents,
shall be conclusively presumed to be wholly dependent for support
upon a deceased employee:
(а) A wife upon a husband with whom she lives at the time of his
death, or from whom,, at the time of his death, the industrial accident
board shall find the wife was living apart for justifiable cause or be
cause he had deserted her. The findings of the board upon the ques
tion of such justifiable cause and desertion shall be final.
(б) A husband upon a wife with whom he lives at the time of her
death.
(c)
A child or children under the age of eighteen years (or over said
age, but physically or mentally incapacitated from earning), upon the
parent writh whom he is or they are living at the time of the death of
such parent, there being no surviving dependent parent: Provided,
That in the event of the death of an employee who has at the time of
his death a living child or children by a former wife or husband, under
the age of eighteen years (or over said age, but physically or mentally
incapacitated*from earning), said child or children shall be conclusively
presumed to be wholly dependent for support upon such deceased
employee, and the death benefit shall be divided between the surviv
ing- wife or husband and all the children of the deceased employee in
equal shares, the surviving wife or husband taking the same share as a
child. The total sum due the surviving- wife or husband and her or

572

’s

C O M P E N S A T IO N

L A W S

o f

THE

U N IT E D

S T A T E S .

his own children shall be paid directly to the wife or husband for her or
his own use and for the benefit of her or his own children, and the sums
due to the children by the former wife or husband of the deceased
employee 'shall be paid to their guardians or legal representatives for
the benefit of such children.
In all other cases questions of dependency, in wrhole or in part,
shall be determined in accordance with the fact, as the fact may be at
the time of the injury; and in such other cases, if there is more than
one person wholly dependent, the death benefit shall be divided
equally among them, and persons partly dependent, if any, shall re
ceive no part thereof, and if there is no one wholly dependent and
mpre than one person partly dependent, the death benefit shall be
divided among them according to the relative extent of their depend
ency.
(d)
A child or children under the age of sixteen (or over the said age
but physically or mentally incapacitated from earning), upon a parent
who was at the time of his death legally bound to support, although
living apart from, such child or children.
Burial.
S e c . 8 (as amended by ch. 269, acts of 1917). In all cases the asso
ciation shall pay the reasonable expense of burial which shall not
exceed one hundred dollars. If the employee leaves dependents,
such sum shall be a part of the compensation payable, and shall to that
extent diminish the period of payment.
Total disabilS e c . 9 (as amended by ch. 197, acts of 1919). WTiile the incapacity
ty.
for work resulting from the injury is total, the association shall pay the
injured employee a weekly compensation equal to sixty-six and twothirds per cent of his average weekly wages, but not more than sixteen
dollars nor less than seven dollars a week; and in no case shall the
period covered by such compensation be greater than five hundred
weeks, nor the amount more than four thousand dollars.
Partial disabilSec. 10 (as amended by ch. 205, acts of 1919). While the incapacity
ttyfor work resulting from the injury is partial, the association shall pay
the injured employee a wreekly compensation equal to sixty-six and
two-thirds per cent of the difference between his average weekly
wages before the injury and the average weekly wages which he is
able to earn thereafter, but not more than sixteen dollars a week; and
in no case shall the amount of such compensation be more than four
thousand dollars.
Specific
ins EC. 1 1 (as amended by chapter 708, acts of 1914). In case of the
Junes.
following specified injuries the amounts hereinafter named shall be
paid in addition to all other compensation:
(a) For the loss by severance of both hands at or above the wrist, or
both feet at or above the ankle, or the loss of one hand and one foot, or
the reduction to one-tenth of normal vision in both eyes with glasses,
sixty-six and two-thirds per cent of the average weekly wages of the
injured person, but not more than ten dollars nor less than four dollars
a week, for a period of one hundred weeks.
(b) For the loss by severance of either hand at or above the wrist,
of either foot at or above the ankle, or the reduction to one tenth of
normal vision in either eye with glasses, sixty-six and two-thirds per
cent of the average weekly wages of the injured person, for each hand or
foot so severed, but not more than ten dollars nor less than four dollars
a week for a period of fifty weeks.
(c) For the loss by severance at or above the second joint of two or
more fingers, including thumbs, of the same hand, or of two or more toes
of the same foot, sixty-six and two-thirds per cent of the average weekly
wages of the injured person, but not more than ten dollars nor less than
four dollars a week, for a period of twenty-five weeks for each hand or foot
so injured.
(d) For the loss by severance of at least one phalange of a finger,
thumb, or toe, sixty-six and two-thirds per cent of the average weekly
wages of the injured person, but not more than ten dollars nor less than
four dollars a week, for a period of twelve weeks for each hand or foot
so injured.
(e) The additional amounts provided for in this section in case of the
loss of a hand, foot, thumb, finger, toe, or phalange shall also be paid
for the number of weeks above specified, in case the injury is such

T E X T

O F

L A W S ----M A S S A C H U S E T T S .

5 7 3

hat the hand, foot, thumb, finger, toe or phalange is not lost but so
injured as to be permanently incapable of use.
S e c . 1 2 . No savings or insurance of the injured employee, independ- , Savktgs,etc.,of
ent of this act, shall be taken into consideration in dei erminin" the in^ured mancompensation to be paid hereunder, nor shall benefits derived from any
other source than the association be considered in fixing the compensa
tion under this act.
S e c . 13 (as amended by ch. 708, acts of 1914). The compensation Payee,
payable under this act in case of the death of the injured employee shall
be paid to his legal representative; or, if he has no legal representative,
to his dependents; or, if he leaves no dependents, to the persons to
whom payment of the expenses for the last sickness and burial are
due. If the payment is made to the legal representatives of the
deceased employee, it shall be paid by him to the dependents or
other persons entitled thereto under this act. When the appoint
ment of a legal representative of a deceased employee, not other
wise necessary, is required for carrying out the provisions of this
act, the association shall furnish or pay for all legal services rendered in
connection with the appointment of such legal representative, or in
connection with any of his duties, and shall pay the necessary dis
bursements for such appointment, the necessary expenses,of such
legal representative, and reasonable compensation to him for time
necessarily spent in carrying out said provisions. All said payments
shall be in addition to all sums paid for compensation.
Sec. 14. If an injured employee is mentally incompetent or is a Incompetents,
minor at the time when any right or privilege accrues to him under
this act, his guardian or next friend may in his behalf claim and exer
cise such right or privilege.
Sec. 15. No proceedings for compensation for an injury under this a c t. Notice of inshall be maintained unless a notice of the injury shall have been givenjury*
to the association or subscriber as soon as practicable after the happen
ing thereof, and unless the claim for compensation with respect to such
injury shall have been made within six months after the occurrence of the
same; or, in case of the death of the employee, or in the event of his
physical or mental incapacity, within six months after death or the
removal of such physical or mental incapacity.
S e c . 16 (as amended by ch. 571, acts of 1912). The said notice shall Form,
be in writing, and shall state in ordinary language the time, place, and
cause of the injury, and shall be signed by the person injured, or by a
person in his behalf, or, in the event of his death, by his legal repre
sentative or by a person in his behalf, or by a person to whom pay
ments may be due under this act or by a person in his behalf. Any
form of written communication signed by any person who may give
the notice as above provided, which contains the information that the
person has been so injured, giving the time, place and cause of the
injury, shall be considered a sufficient notice.
S ec . 17. The notice shall be served upon the association, or an Service,
officer or agent thereof, or upon the subscriber, or upon one subscriber,
if there are more subscribers than one, or upon any officer or agent of
a corporation if the subscriber is a corporation, by delivering the same
to the person on whom it is to be served, or leaving it at his residence
or place of business, or by sending it by registered mail addressed to
the person or corporation on whom it is to be served, at his last known
residence or place of business.
Sec. 18. A notice given under the provision of this act shall not be Sufficiency,
held invalid or insufficient by reason of any inaccuracy in stating the
time, place, or cause of the injury^ unless it is shown that it was the
intention to mislead 2 nd the association was in fact misled thereby.
Want of notice shall not be a bar to proceedings under this act, if it be
shown that the association, subscriber, or agent had knowledge of the
injury.
Sec. 19 (as amended by ch. 571, acts of 1912). After an employee Medical examihas received an injury, and from time to time thereafter during the natlons*
continuance of his disability he shall, if so requested by the association
or subscriber, submit himself to an examination by a physician or
surgeon authorized to practice medicine under the laws of the Com
monwealth, furnished and paid for by the association or subscriber.

574

W O R K M E N

Waivers.
Assignm en ts,
otc*

Lumpsums.

Claims.

interest.

’ .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 employee shall have the right to have a physician provided and
paid for by himself present at the examination. If he refuses to submit
himself for the examination, or in any way obstructs the same, his
right to compensation shall be suspended, and his compensation
during the period of suspension may be forfeited.
Sec. 20. No agreement by an employee to waive his rights to com
pensation under this act shall be valid.
S e c . 21. No p a y m e n t u n d e r th is a c t sh a ll b e assign a ble or su b je c t to
a tta c h m e n t, or be liable in a n y w a y for a n y d e b ts.
Sec. 22 (as amended by ch. 708, acts of 1914). Whenever any
weekly payment has been continued for not less than six months, the
liability therefor may in unusual cases where the parties agree and the
board deems it to be for the best interest of the employee or his
dependents, be redeemed by the payment, in whole or in part, by the
association, of a lump sum which shall be fixed by the board, but in
no case to exceed the amount provided by this act. The board may,
however, in its discretion at any time in the case of a minor who has
received permanently disabling injurieseither partial or total, pro
vide that he be compensated in whole or in part by the payment of a
lump sum, the amount of which shall be fixed by the board, but in no
case to exceed the amount provided by this act.
Sec. 23 (as amended b y c h . 119, acts of 1918). The claim for com
pensation shall be in writing and shall state the time, place, cause^
and nature of the injury; it shall be signed by the person injured or
by a person in his behalf, or, in the event of his death, by his legal rep
resentative or by a person in his behalf, or by a person to whom pay
ments may be due under this act or by a person in his behalf, and shall
be filed with the industrial accident board. A claim for compensa
tion shall not be held invalid or insufficient by reason of any inaccu
racy in stating the time, place, cause, or nature of the injury,, unless it
is shown that it was the intention to mislead and that the association
was in fact misled thereby. The failure to make a cl?im within the
period prescribed by section fifteen shall not be a bar to the mainte
nance of proceedings under this act if it is found that it was occasioned
by mistake or other reasonable cause^ ‘ Sec. 24 (added by ch. 708, acts of 1914). Whenever^ any question
involving the compensation of an injured employee, or his dependents,
is a p p lie d to the supreme judicial court, and the decision rendered is
in favor of the employee or his dependents, interest to the date of pay
ment shall be paid by the association on all sums due as compensation
to such employee or dependents.
P art

III.

PROCEDURE.

industrial aeciooarci.

S e c t io n 1 (as amended by ch. 299? acts of 1919). There shall be an
industrial accident board consisting of five members, to be appointed
by the governor, by and with the, advice and consent of the council,
one of whom shall be designated by the governor as chairman. The
term of office of members or this board shall be five years, except that
when first constituted one member shall be appointed for one year,
one for two years, one for three years, one for four years, and one for
five years. Thereafter one member shall be appointed every year for
the full term of five years. The industrial accident board established
by section one of Part III of chapter seven hundred and fifty-one of
the acts of the year nineteen hundred and eleven, as amended by section
six of chapter five hundred and seventy-one of the acts of the year
nineteen hundred and twelve, shall hereafter consist of seven instead
of five members.4 The term of office of the two additional members
shall be five years, except that when first appointed one shall be
appointed for a term of five years and one for a term of three years.
The chairman of said board shall, from time to time, designate five
members to serve as a reviewing board, and three members shall con+ The number of members of tile board is reduced to six by chapter 299, acts
of 1919. The first vacancy occuring in not to be filled. Title changed to department
oi industrial accidents by "section 68 , chapter 350, acts of 1919.

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stitute a quorum to decide all matters which are required to be heard
by the board.
The members of the board shall devote their whole time in business
hours to the work of the board.
S ec . 2 (as amended by ch. 299, acts of 1919). The salaries and Salaries, etc.
expenses of the board shall be paid by the Commonwealth. The salary
of the chairman shall be fifty-five hundred dollars a year, and the
salary of the other members shall be five thousand dollars a year each.
The board may appoint a secretary at a salary of forty-five hundred
dollars a year, and may remove him. It shall also be allowed an
annual sum, not exceeding ten thousand dollars, for clerical service
and traveling and other necessary expenses. The board shall be pro
vided with an office in the statehouse or in some other suitable build
ing in the city of Boston, in which its records shall be kept.
S e c . 3 (as amended by ch. 123 and 275, acts of 1915).
The Rules,
board may make rules not inconsistent with this act for carrying out
the provisions of the act. Process and procedure under this act shall be Procedure,
as simple and summary as reasonably may be. The board or any mem
ber thereof shall have the power to subpoena witnesses, administer
oaths, and to examine such parts of the books and records of the parties
to a proceeding as relate to questions in dispute. Upon the written
request of the board or of any member thereof, together with interroga
tories and cross-interrogatories, if any there be, filed with the clerk of the
superior court for any county of this Commonwealth, commissions to
take depositions of persons or witnesses residing without the Common
wealth, or in foreign countries, or letters rogatory to any court in any
other of the United States or to any court in any foreign country, shall
forthwith issue from the said superior court, as in cases pending in
said superior court, and upon the return of the said depositions or
answers to letters rogatory the same shall be opened by the clerk of the
court which issued the commissions or letters, and the said clerk shall
endorse thereon the date upon which any deposition or answer to letters
rogatory was received and the same shall orthwith be delivered to the
board. No entry fee shall be charged in such cases. The fees for
attending as a witness before the industrial accident board shall be
one dollar and fifty cents a day, for attending before an arbitration
committee fifty cents a day ; in both cases five cents a mile for travel
out and home. The superior court shall have power to enforce by
proper proceedings the provisions of this section relating to the at
tendance and testimony of witnesses and the examination of books
and records.
S e c . 4 (as amended by chapter 571, acts of 1912). If the association Agreements to
and the injured employee reach an agreement in regard to compensa- >e
•
tion under this act, a memorandum of the agreement shall be filed with
the industrial accident board and, if approved by t, thereupon the
memorandum shall for all purposes be enforceable under the provisions
of Part III, section eleven. Such agreements shall be approved by said
board only when the terms conform to the provisions of this act.
S ec. 5 (as amended by chapter 297, acts of 1917). If the associa- disagreements,
tion and the injured employee fail to reach an agreement in regard
to compensation under this act, or if they have reached such an
agreement, which has been signed and filed in accordance with the
provisions of this act, and compensation has been paid or is due in
accordance therewith and the parties thereto then disagree as to the
continuance of any weekly payments under such agreements, either
party may notify the industrial accident board, which shall thereupon
assign the case for hearing by a member of the board.
S e c . 6 . [Repealed.]
S e c . 7 (as amended by ch. 297, acts of 1917). The member of th e Hearing,
board shall make such inquiries and investigations as shall be deemed
necessary. The hearing shall be held in the city or town where the
accident occurred, or in such other place as the board may designate;
and the decision of the member, together with a statement of the evi
dence, h is findings of fact, rulings of lawr and any other matters perti
nent to questions arising before him shall be filed with the industrial
accident board. Unless a claim for review is filed by either party

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within seven days, the decision shall he enforceable under provisions of
section eleven of Part III.
S e c . 8 (as amended by ch. 72, acts of 1916). The industrial accident
board or any member thereof may appoint a duly qualified impartial
physician to examine the injured employee and to report. The fee for
this service shall be five dollars and traveling expenses, but the board
may allow additional reasonable amounts in extraordinary cases, and the
association shall reimburse the board for the amount so paid. The
report of the physician shall be admissible as evidence in any pro
ceedings before the industrial accident board or a committee of arbi
tration: Provided, That the employee and insurer have reasonably been
furnished with copies thereof.
S e c . 9. [Repealed.]
Review.
S e c . 10 (as amended by ch. 297, acts of 1917). If a claim for a re
view is filed, as provided in Part III, section seven, 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 of the member in whole
or in part, or may refer the matter back to the member for further find
ings of fact, and shall file its decision with the records of the proceed
ings and notify the parties thereof. No party shall as a matter of right
be entitled to a second hearing upon any question of fact.
Court decrees.
S e c . 11 (as amended by ch. 297, acts of 1917). Any party in interest
may present certified copies of an order or decision of the board, a de
cision of a member from which no claim for review has been filed
within the time allowed therefor, or a memorandum of agreement ap
proved by the board, and all papers in connection therewith, to the
superior court for the county in which the injury occurred or for the
county of Suffolk, whereupon said court shall render a decree in ac
cordance therewith and notify the parties. Such decree shall have
the same effect and all proceedings in relation thereto shall thereafter
be the same as though rendered in a suit duly heard and determined
Appeals.
by said court, except that there shall be no appeal therefrom upon
questions of fact or where the decree is based upon a decision of a
member or a memorandum of agreement, and that there shall be no ap
peal from a decree based upon an order or decision of the board which
has not been presented to the court within ten days after the notice
of the filing thereof by the board. Upon the presentation to it of a
certified copy of a decision of the industrial accident board ending,
diminishing, or increasing a weekly payment under the provisions of
Part III, section twelve, the court shall revoke or modify the decree to
conform to such decision.
Review of pay>
S e c . 12 (as amended by ch. 297, acts of 1917). Any weekly payment
ments.
under this act may be reviewed by the industrial accident board or any
member thereof, and on such review the board or member may, in
accordance with the evidence and subject to the provisions of this act,
issue any order which may be deemed advisable. If the case is heard
and decided by a member, his decision shall be subject to review as
provided by sections seven and ten of Part III, and the general pro
visions of the act.
Fees to be ap
S e c . 13 (as amended by ch. 297, acts of 1917). Fees of attorneys and
proved.
physicians and charges of hospitals for services under this act shall be
subject to the approval of the industrial accident board. If the asso
ciation and any physician or hospital, or the employee and any attor
ney, fail to reach an agreement as to the amount to be paid for such
services, either party may notify the board, which may thereupon
assign the case for hearing by a member of the board in accordance
with the provisions of this act, and all proceedings thereunder shall be
in accordance v ith the provisions of this act. The member shall
report the facts to the industrial accident board for decision, and the
decision shall be enforcible as provided by Part III of section eleven.
Costs.
S e c . 14 (as amended by ch. 297, acts of 1917). If the industrial
accident board, any member thereof, or any court before whom any
proceedings are brought under this act determines that such proceed
ings have been brought, prosecuted, or defended without reasonable
ground, it shall assess the whole cost of the proceedings upon the party
who has so brought, prosecuted, or defended them.
Medical exami
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S e c . 15 (as amended by ch. 448, acts of 1913). Where the injury for Injurl©8 by
which compensation is payable under this act was caused under r p rsons*
circumstances creating a legal liability in some person other than the
subscriber to pay damages in respect thereof, the employee may at his
option proceed either at law against that person to recover damages, or
against the association for compensation under this act, but not against
both, and if compensation be paid under this act, the association may
enforce in the name of the employee, or in its own name and for its own
benefit, the liability of such other person, and in case the association
recovers a sum greater than that paid by the association to the employee
four-fifths of the excess shall be paid over to the employee.
S e c . 16 (as amended by ch. 571, acts of 1912). All questions arising Disputes,
under this act, if not settled by agreement by the parties interested
therein, shall, except as otherwise herein provided, be determined by
the industrial accident board. The decisions of the industrial accident,
board shall for all purposes be enforceable under the provisions of
part III, section eleven.
S e c . 17. If a subscriber enters into a contract, written or oral, with Contractors,
an independent contractor to do such subscriber’ s work, or if such a
contractor enters into a contract with a subcontractor to do all or any
part of the work comprised in such contract with the subscriber, and
the association would, if such work were executed by employees
immediately employed by the subscriber, be liable to pay compensa
tion under this act to those employees, the association shall pay to such
employees any compensation which would be payable to them under
this act if the independent or subcontractors were subscribers. The
association, however, shall be entitled to recover indemnity from any
other person who would have been liable to such employees inde
pendently of this section, and if the association has paid compensation
under the terms of this section, it may enforce in the name of the
employee, or in its own name and for the benefit of the association, the
liability of such other person. This section shall not apply to any
contract of an independent or subcontractor which is merely ancillary
and incidental to, and is ho part of or process in, the trade or business
carried on by the subscriber, nor to any case where the injury occurred
elsewhere than on, in, or about the premises on which the contractor
has undertaken to execute the work for the subscriber or which are
under the control or management of the subscriber.
S e c . 18 (as amended by ch. 746, acts of 1913). Every employer shall . Reports of inhereafter keep a record of all injuries, fatal or otherwise, received by •
,uneshis employees in the course of their employment. Within forty-eight
hours, not counting Sundays and legal holidays, after the occurrence
of an injury, a report thereof shall be made in writing to the industrial
accident board on blanks to be procured from the board for the purpose.
Upon the termination of the disability of the injured employee, the
employer shall make a supplemental report upon blanks to be pro
cured from the board for that purpose. If the disability extends
beyond a period of sixty days, the employer shall report to the board
at the end of such period that the injured employee is still disabled,
and upon the termination of the disability shall file a final supple
mental report, as provided above.
The said reports shall contain the name and nature of the business
of the employer, the situation of the establishment, the name, age, sex,
and occupation of the injured employee, and shall state the date and
hour of any accident causing the injury, the nature and cause of the
injury, and such other information as may be required by the board.
Any employer who refuses or neglects to make the report required
by this section shall be punished by a fine of not more than fifty dollars
for each offense.
Copies of all reports of injuries filed by employers with the industrial
accident board, and all statistics and data compiled therefrom shall be
kept available by the said board and shall be furnished on request to
the State board of labor and industries for its own use.
Within sixty days after the termination of the disability of the in
jured employee, the association or other party liable to pay the com
pensation provided for by Part II of this act shall file with the board
177982°—21— Bull. 272------ 37

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a statement showing the total payments made or to be made for com
pensation and for medical services for such injured employee.
rec
S e c . 19 (added by ch. 198, acts of 1919). Copies of hospital
records kept in accordance with the provisions of chapter three hun
dred and thirty of the acts of nineteen hundred and five, as amended
by chapter two hundred and sixty-nine of the acts of nineteen hundred
and eight, and of chapter four hundred and forty-two of the acts of
nineteen hundred and twelve, certified by the persons in custody
thereof to be true and complete, shall be admissible in evidence in
proceedings before the industrial accident board, or any member
thereof. The board, or any member, in its or his discretion, before
admitting any such copy in evidence, may require the party offering
the same to produce the original record.
P art

IV.

THE MASSACHUSETTS EMPLOYEES INSURANCE ASSOCIATION.

Association cre
ated.

S e c t io n 1 (as amended by special act 314, acts of 1915). The Mas
sachusetts Employees Insurance Association is liereby created a body
corporate *with the powers provided in this act and with all the general
corporate powers incident thereto. The said association may also trans
act within the Commonwealth any kind of liability insurance which
mutual companies are allowed by law to transact, and shall be governed
by the laws now or hereafter in force relating to the transaction of such
business by mutual companies, so far as the same are not in conflict with
the provisions of this act.
Directors.
Sec. 2 (as amended by ch. 338, acts of 1914). The board of directors
of rthe association shall consist of not less than fifteen members, to be
elected bv ballot by the members, who shall hold office for such term or
terms as the by-laws may provide in accordance with the provisions of
section twenty-six of chapter five hundred and seventy-six of the acts
of the year nineteen hundred and seven and until their successors are
elected.
Powers
of
S ec. 3. Until the first meeting of the subscribers the board of directors
board.
shall have -and exercise all the powers of the subscribers, and may
adopt by-laws not inconsistent with the provisions of this act, which
shall be in effect until amended or repealed by the subscribers.
Officers.
Sec. 4. The board of directors shall annually choose by ballot a
president, who shall be a member of the board, a secretary, a treasurer,
and such other officers as the by-laws shall provide,
Quorum.
Sec. 5. Seven or more oi the directors shall constitute a quorum for
the transaction of business.
Vacancies in any office may be filled in such manner as the by-laws
shall provide.
Membership.
Sec. 6. Any employer in the Commonwealth may become a sub
scriber.
First meeting.
S e c . 7. The board of directors shall, within thirty days of the sub
scription of twenty-five employers, call the first meeting of the subscrib
ers by a notice in writing mailed to each subscriber at his place of busi
ness not less than ten days before the date fixed for the meeting.
Votes.
S e c . 8 . In any meeting oi the subscribers each subscriber shall be
entitled to one vote, and if a subscriber has five hundred employees to
whom the association is bound to pay compensation he shall be entitled
to two votes, and he shall be entitled to one additonal vote for each
additional five hundred employees to whom the association is bound
to pay compensation, but no subscriber shall cast, by his own right or
by the right of proxy, more than twenty votes.
Policies issue,
Sec. 9. No policy shall be issued by the association until not less
when.
than one hundred employers have subscribed, who have not less than
ten thousand employees to whom the association may be bound to pay
compensation.
Same.
Sec. 10. No policy shall be issued until a list of the subscribers, with
the number of employees of each, together with such other information
as the insurance commissioner may require, shall have been filed at the
insurance department, nor until the president and secretary of the asso
ciation shall have certified under oath that every subscription in the

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list so filed is genuine and made with an agreement by -every subscriber
that he will take the policies subscribed for b y him within thirty days
of the granting of a license to the association by the insurance commis
sioner to issue policies.
Sec . 11. If the number of subscribers falls below one hundred, or the I s s u e s cease
number of employees to whom the association may be bound to pay
en*
compensation falls below ten thousand, no further policies shall be
issued until other employers have subscribed, who, together with exist
ing subscribers, amount to not less than one hundred who have not less
than ten thousand employees, said subscriptions to be subject to the
provisions contained in the preceding section.
S e c . 1 2 . Upon the filing of the certificate provided for in the two preLicense,
ceding sections the insurance commissioner shall make such investi
gation as he may deem proper and, if his findings warrant it, grant a
license to the association to issue policies.
S ec. 13. The board of directors shall distribute the subscribers into Risk groups,
groups in accordance with the nature of the business and the degree of
the risk of injury..
Subscribers within each group shall annually pay in cash, or notes
absolutely payable, such premiums as may be required to pay the
compensation herein provided for the injuries which may occur in
that year.
Sec. 14. The association may in its by-laws and policies fix the Liabilities,
contingent mutual liability of the subscribers for the payment of
losses and expenses not provided for by its cash funds; but such con
tingent liability of a subscriber shall not be less than an amount equal
to and in addition to the cash premium.
Sec. 15. If the association is not possessed of cadi funds above its Assessments,
unearned premiums sufficient for the payment of incurred losses and
expenses, it shall make an assessment for the amount needed to pay
such losses and expenses upon the subscribers liable to assessment
therefor in proportion to their several liability.
Every subscriber shall pay his proportional part of any assessments
which may be laid by the association, in accordance with law and his
contract, on account of injuries sustained and expenses incurred while
he is a subscriber.
S e c . 1 6. The board of directors may, from time to time, by vote
Dividends,
fix and determine the amount to be paid as a dividend upon policies
expiring during each year after retaining sufficient sums to pay all the
compensation which may be payable on account of injuries sustained
and expenses incurred.
All premiums, assessments, and dividends shall be fixed by and for
groups as heretofore provided in accordance with the experience of
each group, but all the funds of the association and the contingent
liability of all the subscribers shall be available for the payment oi
any claim against the association.
S e c . 17. Any proposed premium, assessment, dividend, or distriRates, etc., to
bution of subscribers shall be filed with the insurance department and be approved,
shall not take effect until approved by the insurance commissioner
after such investigation as he may deem necessary.
S ec. 18. [Powers as to safety rules; transferred to department of labor
and industries. ]
S ec. 19. If any officer of the association shall falsely make oath to "False
stateany certificate required to be filed with the insurance commissioner, mentshe shall be guilty of perjury.
S ec . 20. Every subscriber shall, as soon as he secures a policy, give Notice to emnotice, in writing or print, to all persons under contract of hire with ployees*
him that he has provided for payment to injured employees by the
association.
^S ec . 21 (as amended by ch. 571, acts of 1912). Every subscriber shall Same,
give notice in writing or print to every person with whom he is about
to enter into a contract of hire that he has provided for payment to
injured employees by the association. If an employer ceases to be a
subscriber he shall, on or before the day on which his policy expires,
give notice thereof in writing or print to all persons under contract with
him. In case of the renewal of the policy no notice shall be required
under the provisions of this act. He shall file a copy of said notice

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with the industrial accident board. The notices required by this and
the preceding section may be given in the manner therein provided or in
such other manner as may be approved by the industrial accident
board.
Employers reg EC 22. If a subscriber, who has complied with all the rules, regula1m ursed, w en. ^ ongj an(j demands of the association, is required by any judgment
of a court of law to pay to an employee any damages on account of
personal injury sustained by such employee during the period of such
subscription, the association shall pay to the subscriber the full amount
of such judgment and the cost assessed therewith, if the subscriber
shall have given the association notice in writing of the bringing of the
action upon which the judgment was recovered and an opportunity
to appear and defend the same.
Sec. 23. [Repealed.]
Expenses.
g EC> 2 4 . The board of directors appointed by the governor under the
provisions of Part IV, section two, may incur such expenses in the
performance of its duties as shall be approved by the governor and
council. Such expenses shall be paid from the treasury of the Common
wealth and shall not exceed in amount the sum of fifteen thousand
dollars.
P art V.
m is c e lla n e o u s

p r o v is io n s .

C° mdi?LnSatb n
S e c t io n 1. If a n e m p lo y e e of a su b scrib er files a n y c la im w ith or
S
ar a c c e p ts a n y p a y m e n t from th e association on a c c o u n t of personal in ju ry ,
or m a k e s a n y a g re e m e n t, or su b m its a n y q u estio n to arbitration , u n d er
th is a c t, s u c h a c tio n sh a ll c o n stitu te a release to th e su b scrib er of all
c la im s or d e m a n d s a t la w , if a n y , arising from th e in ju ry .

to suit.

Definitions.

s EC< 2 (as amended by ch. 708, acts of 1914). The following
words and phrases, as used in this act, shall, unless a different meaning
is plainly required b y the context, have the following meaning:
“ Employer” shall include the legal representative of a deceased
employer.
“ Employee” shall include every person in the service of another
under any contract of hire, express or implied, oral or written, except
masters of and seamen on vessels engaged in interstate or foreign com
merce, and except one whose employment is not in the usual course of
the trade, business, profession, or occupation of his employer. Any
reference to an employee who has been injured shall, when the em
ployee is dead, also include his legal representatives, dependents, and
other persons to whom compensation may be payable.
“ Dependents” shall mean members of the employee’s family or next
of kin who were wholly or partly dependent upon the earnings of the
employee for support at the time of the injury.
“ Average weekly wages” shall mean the earnings of the injured
employee during the period of twelve calendar months immediately
preceding the date of injury, divided by fifty-two; but if the injured
employee lost more than two weeks’ time during such period then the
earnings for the remainder of such twelve calendar months shall be
divided by the number of weeks remaining after the time so lost has
been deducted. Where, b y reason of the shortness of the time during
which the employee has been in the employment of his employer, or
the nature or terms of the employment, it is impracticable to compute
the average weekly wages, as above defined, regard may be had to the
average weekly amount which, during the twelve months previous to
the injury, was being earned by a person in the same grade employed at
the same work by the same employer; or, if there is no person so
employed, by a person in the same grade employed in the same cla^s
of employment and in the same district.
“ Association” shall mean the Massachusetts Employees Insurance
Association.
“ Subscriber” shall mean an employer who has become a member of
the association by paying a year’s premium in advance and receiving
the receipt of the association therefor: Provided, That the association
holds a license issued by the insurance commissioner as provided in
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M A S S A C H U S E T T S .

S ec . 3 (as amended by ch. 571, acts of 1912). Any liability insurance . Whomay write
company authorized to do business within this Commonwealth shall msurance*
have the same right as the association to insure the liability to pay the
compensation provided for by Part II of this act, and when such
liability company issues a policy conditioned to pay such compensation
the holder of such policy shall be regarded as a subscriber so far as
applicable within the meaning of this act, and when any such company
insures such payment of compensation it shall be subject to the pro
visions of Parts I, II, III, and V and of section twenty-two of Part IV
of this act, and shall file with the insurance department its classifica
tions of risks and premiums relating thereto and any subsequent pro
posed classifications or premiums, none of which shall take effect until
the insurance commissioner has approved the same as adequate for the
risks to which they respectively apply.
Sec. 4. [Repealer.]
S ec . 5. The provisions of this act shall not apply to injuries sus- Prior injuries,
tained prior to the taking effect thereof.
Sec. 6 . [Time for taking effect.]
S e c . 7 (added by ch. 708, acts of 1914). The association and all
information to
insurance companies insuring employees under the provisions of this
1S *
act shall, at the request of the industrial accident board, furnish to
said board in writing any information required in connection with the
administration by said board of said act, including any statistical facts
and figures and the names of all employers insured by them. x
S ec . 8 (added by ch. 708, acts of 1914). There may be established Branch offices,
and maintained under the care and direction of the industrial accident
board not more than four branch offices, in such cities as may be
selected by said board from time to time after proper investigation,
for thepurposeof the better adjustment of disputed cases, and for the
better information of all parties as to their rights under this act. Said
board is hereby authorized to provide such offices with useful rooms,
furniture, and equipment required for the transaction of the business
authorized by this act, also to appoint such officers, agents, clerks, and
assistants as are_ necessary^ to discharge in connection with such offices
the#duties required by said act, under the direction of said industrial
accident board.
S e c . 9 (added by ph. 708, acts of 1914, amended by ch. 299, acts of .Medical
ad1919). The industrial accident board may appoint a medical adviser viser*
who shall be a duly qualified physician. The board shall prescribe
the duties of said medical adviser. His compensation shall be fixed
by said board, subject to the approval of the governor and council, and
shall not exceed the sum of forty-five hundred dollars a year

ACTS OF 1912.
C h a p t e r 6 6 6 .— Compensation of workmen for injuries— Regulation of

insurance.
S ection 1. The insurance commissioner may withdraw his approval

Disapproval of

of any premium or distribution of subscribers given by him to the rates>etcMassachusetts Employees Insurance Association under the provisions
of section seventeen of Part IV of chapter seven hundred and fifty-one
of the acts of the year nineteen hundred and eleven, or of any premium
or rate made by an insurance company and approved by him under the
provisions of sectiqji three of Part V of said chapter seven hundred and
fifty-one as amended by section seventeen of chapter five hundred and
seventy-one of the acts of the year nineteen hundred and twelve.
S e c . 2 . The notices required by section five of part I of said chapter
seven hundred and fifty-one shall be given in such manner a& the
industrial accident board may approve.
Approved May 28, 1912.
ACTS OF 1913.
C h a p t e r 807.— Compensation for injuries to public employees.
S e c t io n 1. The Commonwealth shall and any county, city, town, or Employees of
district having the power of taxation, may pay the compensation pro- nicipaiities mu~
vided by Part II of chapter seven hundred and fifty-one of the acts of

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the year nineteen hundred and eleven and acts in amendment thereof
and in addition thereto to such laborers, workmen, and mechanics
employed by it as receive injuries arising out of and in the course of
their employment, or, in case of death resulting from any such injury,
may pay compensation as provided in sections six, seven, and eight of
said Part II, and in any amendments thereof, to the persons thereto
entitled.
Procedure and S ec . 2. Procedure under this act and the jurisdiction of the indusjunsdiction.
trial accident board shall be the same as under the provisions of said
chapter seven hundred and fifty-one, and the Commonwealth or a
county, city, town, or district which accepts the provisions of this act
shall nave the same rights in proceedings under said chapter as the
association thereby created. The treasurer and receiver general, or
the treasurer or officer having similar duties of a county, city, town, or
district which accepts the provisions of this act, shall pay any com
pensation awarded for injury to any person in its employment upon
proper vouchers without any further authority.
Submission to
S e c . 3. Counties, cities, towns, and districts having the power of
paiities. mumoj* taxation, may accept the provisions of this act by vote of a majority of
those legal voters who vote on the question of its acceptance at an
annual meeting or election as hereinafter provided. In towns and
districts which have an annual meeting of the legal voters, this act
shall be submitted for acceptance to the voters of the town or district
at the next annual meeting after its passage. In cities, and in towns
which do not have annual meetings, this act shall be submitted to the
voters at the next municipal election, and in counties and in districts
which do not have an annual meeting, at the next State election after
its passage. At every such election, and at -every annual meeting
where ballots are used, the following question shall be printed on the
ballot:
4‘ Shall chapter [807] of the acts of nineteen hundred and thirteen,
being an act to provide for compensating laborers, workmen, and me
chanics for injuries sustained in public employment, and to
exempt from legal liability counties and municipal cor YNEO.S . 1I
porations which pay such compensation, be accepted by
the inhabitants of this (county, city, town, water district, fire district,
etc.) o f ------? ”
The vote shall be canvassed by the county commissioners, city
council or commission, or selectmen, or, in the case of a district, by
the district commissioners or other -governing board of the district. A
notice stating the result of the vote shall be posted in the county court
house, or city or town hall, or, in the case of a district, in the public
building where the employees of the district are paid. Except as pro
vided in section four, a county, city, town, or district which accepts
the provisions of this act shall not be liable in any action for a personal
injury sustained by a laborer, workman, or mechanic in the course of
his employment by such county, city, town, or district, or for death
resulting from such injury.
Option of emgECt 4 , a laborer, workman, 01* mechanic entering or remaining in
p o^ees.
servjce 0f a county, city, town, or district, who would, if injured,
have aright of action against the county, city, town, or district by ex
isting law, may, if the county, city, town, or district has accepted the
provisions of this act, before lie enters its service, or accepts them after
ward, claim or waive his right of action as provided in section five of
Part I of said chapter seven hundred and fifty-one, smd shall be deemed
to have waived such right of action unless he claims it. Section four
of said Part I shall apply to actions by laborers, workmen, or mechanics
employed by a county, city, town, or district which accepts the pro
visions of this act.
Election as to
S ec . 5. Any person entitled to receive from the Commonwealth or
pension?a 1011 °F from a county, city, town, or district the compensation provided by
Part II of said chapter seven hundred and fifty-one, who is also entitled
to a pension by reason of the same injury, shall elect whether he will
receive such compensation or such pension, and shall not receive both.
In case a person entitled to such compensation from the Common
wealth or from a county, city, town, or district receives by special

T E X T

O F

L A W S ---- M A S S A C H U S E T T S *

583

act a pension for the same injury, he shall forfeit all claim for compensa
tion, and any compensation received by him or paid by the Common
wealth or by the county, city, town, or district which employs him
for medical or hospital services rendered to him may be recovered
back in an action at law. No further payment shall be awarded by
vote or otherwise to any person who has claimed and received compen
sation under this act.
S e c . 6. This act shall apply to all laborers, workmen, and mechanics Scope of law.
in the service of the Commonwealth or of a county, city, or town, or
district having the power of taxation, under any employment or con
tract of hire, expressed or implied, oral or written, including those
employed in work done in performance of governmental duties as well
as those employed in municipal enterprises conducted for gain or
profit. For the purposes of this act all laborers, workmen, and me
chanics paid by the Commonwealth, but serving under boards or
commissions exercising powers within defined districts, shall be deemed
to be in the service of the Commonwealth.
Sec. 7 (as amended by ch. 307, acts of 1911). The provisions of chap- Same,
ter seven hundred and fifty-one of the acts of the year nineteen hun
dred and eleven, and acts in amendment thereof arid in addition thereto
shall not apply to any persons in public employments other than labor
ers, workmen, and mechanics employed by counties, cities, towns, or
districts having the power of taxation.
Approved June 16, 1913.
ACTS OF 1914.
Chapter

656.— Industrial accident board—Reports.

S e c t io n 1. The industrial accident board established by section one
Reports
of part III of chapter seven hundred and fifty-one of the acts of the annu *
year nineteen hundred and eleven shall make an annual report to the
general court; of which report there shall be printed four thousand
five hundred copies, fifteen hundred to be bound, and the remainder
to be unbound. Of the said copies, five hundred bound and five hun
dred unbound shall be distributed by the secretary of the Common
wealth, and the remainder shall be distributed by the board,
C h a p t e r 7 0 8 .— (

to be

'ompensation o f ivorhnen for i nju r>>.•>•.

[This chapter is mainly amendatory of the principal act. The
following is, however, an independent section:]
S e c t io n 16. All insurance rates under said chapter seven hundred
£ J s,lranCfl
and fifty-one and acts in amendment thereof and in addition thereto, ra es‘
now on file and approved by the insurance commissioner, shall con
tinue to apply to the several classifications after the taking effect of the
provisions of this act, unless the insurance commissioner withdraws
approval in accordance with the provisions of chapter six hundred and
sixty-six of the acts of the year nineteen hundred and twelve.
ACTS OF 1915.
C h a p t e r 1 3 2 . — Workmen’s

compensation—Appeal*,

S e c t io n 1. A n order or decision of th e in d u stria l a c c id e n t board, a
Appeal not a
decree of th e superior court u p o n su c h an order, a d ecision of an a rbi- Ml*Pens 011
tration c o m m itte e from w h ic h no c la im for re v ie w h as b e e n filed w ith in
th e tim e a llo w e d therefor, or a m em o ra n d u m o f ag re e m e n t ap p ro v e d b y
th e in d u stria l a c c id e n t board sh a ll h a v e e ffe c t, n o tw ith sta n d in g an
ap p e a l, u n t il i t is oth erw ise o rdered b y a ju stic e o f th e su p rem e ju d ic ia l
court w h o m a y , in a n y c o u n ty , su sp e n d or m o d ify su ch d e cre e , order,
or d e c isio n d u rin g th e p e n d e n c y of th e a p p e a l.

Approved April 2, 1915.

584

O R K M E N ’S

C O M P E N S A T IO N

C h a p te r

Future increase
of wages.

Exemption.

O F

T H E

U N IT E D

S T A T E S .

236.— Workmen's compensation— Inexperienced workmen.

S e c t i o n 1. Whenever an employee is injured under circumstances
that would entitle him to compensation under the provisions of chapter
seven hundred and fifty-one of the acts of the year nineteen hundred
and eleven, and acts in amendment thereof and in addition thereto, if
it be established that the injured employee was of such age and expe
rience when injured that, under natural conditions, his wages would be
expected to increase, that fact may be taken into consideration in
determining his weekly wages.
Approved May 10 , 1915.
C h a p te r

Agent to be ap
pointed.

L A W S

244.— Workmen’’s compensation— Public employees.

S e c t i o n 1. Every board, commission, and department of the Com
monwealth employing laborers, workmen, and mechanics, the Boston
transit commission, and every county, city, town, and district which
has accepted the provisions of chapter eight hundred and seven of the
acts of the year nineteen hundred and thirteen, shall, through its execu
tive officer or board, designate a person to act as its agent in furnishing
the benefits due under chapter seven hundred and fifty-one of the acts
of the year nineteen hundred and eleven and acts in amendment
thereof and in addition thereto. Such agent shall be held responsible
for the proper carrying out of this act under the direction and super
vision of the industrial accident board until his agency is revoked and
a new agent designated. The name and address of every such agent
shall be filed with the industrial accident board immediately upon his
designation; and each of the foregoing boards, commissions, depart
ments, counties, cities, towns, and districts shall designate such an
agent within thirty days after this act takes effect.
S e c . 2 . This.act shall not apply to counties, cities, towns, and dis
tricts which are insured under the provisions of chapter seven hundred
and fifty-one of the acts of the y ea r nineteen hundred and eleven and
acts in amendment thereof.
Approved May 10, 1915.
C h a p te r

287.— Workmen1s

compensation
policies.

insurance—Approval

S e c t i o n 1. Every policy of workmen’s compensation insurance
issued or delivered m this Commonwealth shall cover separately and
for a separate consideration all the liabilities which are imposed upon
an insurer by the provisions of chapter seven hundred and fifty-one
of the acts of the year nineteen hundred and eleven and amendments
thereof, whatever other contingencies may be insured by riders at
tached thereto or indorsements made thereon. On the face of every
such policy there shall be printed conspicuously the words: ‘ ‘ Insurance
Classes.
under this policy is in Class---------of the company’s Workmen’s Com
pensation Classification Manual,” and in the blank thus provided the
number or other designation in said manual under which the said policy
is written shail be placed before the policy is issued.
Commissioner’s
S e c . 2 . No such policy of insurance or rider to be used therewith
approval.
shall be issued or delivered until a copy thereof has been filed with the
insurance commissioner at least thirty days prior to such issue or de
livery, unless before the expiration of the thirty days the said commis
sioner shall have approved the form of the policy in writing; nor if the
insurance commissioner notifies the company in writing that in his
opinion the form of said policy or rider does not comply with the laws
of this Commonwealth, specifying the reasons for his opinion: Provided,
That upon petition of the company the opinion of the insurance com
missioner shall be subject to review by the supreme judicial court of
this Commonwealth.
Approved May 27, 1915.

Separate
bilities.

lia

T E X T

O F

L A W S ----M A S S A C H U S E T T S .

585

ACTS OF 1916.
C hapter 200.— Workmen's compensation and liability insurance—Status

of companies.
S ection 1. Any mutual liability company authorized to do business Rights of mu
n i this Commonwealth may, with the approval of the insurance com- ua comPanies-

missioner, have and exercise any or all of the rights, powers and priv
ileges relating to the transaction of the business of workmen’s com
pensation insurance by law vested in or conferred upon the Massachu
setts Employees Insurance Association.
S e c . 2 . The Massachusetts Employees Insurance Association may
Rights of emwith the approval of the insurance commissioner have and exercise, assocfationUranCe
within or without the Commonwealth, all the rights, powers and priv
ileges vested in or conferred upon domestic mutual liability companies
under general laws, and shall be subject to all the laws now or hereafter
in force relating to such companies.
Approved May 12, 1916.
ACTS OF 1918.
Ch a pter 231.—Rehabilitation of injured workmen.
S ection 1. There is hereby established, under the direction and D iv is io n of
control of the industrial accident board, a division for the training stn^tion.an
and instruction of persons whose capacity to earn a living has in any
way been destroyed or impaired through industrial accident: Provided,
That at the time of the accident which incapacitated them they were
residents of the Commonwealth. The said board shall in its annual
report to the general court describe in detail the work of the division,
and may from time to time issue bulletins containing information
relative thereto.
S e c . 2. The head of the said division shall be appointed and his salary Head,
determined by the industrial accident board, subject to the approval
of the governor and council, and he may be removed by the said board.
The division shall be furnished with suitable quarters in the state- Expenses,
house, and may expend for salaries and other necessary expenses such
amount as shall a n n u a lly be appropriated therefor by the general court.
S e c . 3. The said division shall aid persons who are incapacitated as Duties
described in section one in obtaining such education, training and em
ployment as will tend to restore their capacity to earn a livelihood.
The division may cooperate with the United States Government and
in cooperation with the board of education may establish or maintain,
or assist in establishing or maintaining, in schools or institutions sup
ported wholly or in part by the Commons ealth such courses as it may
deem expedient, and otherwise may act in such manner as it may deem
necessary to accomplish the purposes of this act.
Approved May 28, 1918.

ACTS OF 1919.
Ch apter

226.—Payment of benefits by insurance companies.

S ection 1. The insurance commissioner, hereinafter called the Deposits as secommissioner, in his discretion, may at any time require an insurance cunty*
company, hereinafter called the company, to deposit in cash or ap
proved securities with the treasurer and receiver general, the present
value as' computed by the commissioner of all or any part of its out
standing claims incurred under the provisions of chapter seven hundred
and fifty-one of the acts of nineteen hundred and eleven and acts in
amendment thereof and in addition thereto. The treasurer and
receiver general shall make from such deposit the payments to those
entitled thereto under the said chapter, and in the manner provided
therein, upon the written request and under the direction of the
industrial accident board, hereinafter called the board, or may, if
the company so elects, transfer from time to time to a trustee appointed
by the company and approved by the board such part of the funds as

586

w o r k m e n ’s co m p e n s a tio n la w s o f t h e u n it e d s ta t e s .

may be reasonably necessary for making the said payments promptly
and the trustee shall make the same in accordance with the instruc
tions of the board. The treasurer and receiver general shall keep a
separate account with the company of the amount so received, the
amount of interest earned and the payments made. In case the
amounts so deposited prove, or seem likely to prove, to be insufficient
from transfer of funds or otherwise, the commissioner may require
the company to deposit such additional sums as he may deem necessary.
If the amounts deposited prove to be larger than are required, portions
thereof may from time to time be refunded to the company by the
treasurer and receiver general, subject to the approval of the board
and the commissioner. If any balance remains after the payment
of all sums due to injured workmen or their dependents, the treasurer
and receiver general shall return the balance to the company upon
notice from the board that there is no likelihood of further payments
becoming due on account of the said claims.
Present value.
Sec. 2. The commissioner shall compute the present value of out
standing claims on the basis of information to be furnished to him by
the board, and shall assume a rate of interest not higher than four per
cent.
Charges.
Sec. 3. When a deposit is made with the treasurer and receiver
general as provided in section one, the company shall pay to the
treasurer and receiver general a reasonable amount for the expenses of
his office, for the custody of the deposit and for making the payments
therefrom.
Penalty.
Sec. 4. An insurance company which fails to make the deposit
aforesaid when it is required under this act shall cease to write policies
of insurance in this Commonwealth until the required deposit is made.
Approved June 11. 1919.
C h a p te r

272.— Special fu n d fo r second injuries.

S e c t io n 1. For every case of personal injury resulting in death,
covered by the provisions of chapter seven hundred and fifty-one of the
acts of nineteen hundred and eleven and acts in amendment thereof and
in addition thereto, in which there are no dependents, the insurance
company insuring the liability of the employer shall pay into the treas
ury of the Commonwealth the sum of one hundred dollars. All pay
ments hereunder shall constitute a special fund, of which the treasurer
and receiver general shall be the custodian. He shall make payments
therefrom for the purposes specified in the following section upon the
written order of the industrial accident board.
Second injury
Sec. 2. Whenever an employee who has previously suffered a per
cases.
sonal injury resulting in the loss by severance, or the permanent in
capacity, of one hand, at or above the wrist, one foot at or above the
ankle, or the reduction to one-tenth of normal vision of one eye, with
glasses, incurs further disability by reason of the occurrence of a sub
sequent personal injury arising out of and in the course of his employ
ment, through the loss by severance, or the permanent incapacity, of
either a hand, at or above the wrist, or a foot, at or above the ankle, or
the reduction to one-tenth of normal vision in an eye, with glasses, he
shall be paid the compensation provided for by sections nine and ten
of Part II of said chapter seven hundred and fifty-one; or if death
results from sucli subsequent injury, his dependents shall be paid the
compensation provided for by sections six and seven of said Part II,
in the following manner: One-half of such compensation shall be paid
by the treasurer and receiver general from the fund established under
section one, and the other half by the insurance company insuring the
liability of the employer at the time of the subsequent injury; except
that the additional compensation due under section eleven of said
Part II for the specified injury so sustained, shall be paid solely by the
company insuring liability at the time of the subsequent injury.
Other cases.
Sec. 3. All cases not specifically provided for in the above section
shall be covered by, and compensation shall be paid under, the pro
visions of said chapter seven hundred and fifty-one and acts in amend
ment thereof and in addition thereto.
Approved July 1, 1919.

Paym ents if no
dependents.

TEXT OF LAWS— MASSACHUSETTS.

587

RESOLVES.
Chapter 53.—Investigation of use of appliances.
The industrial accident board shall investigate the practicability of D u ty of acci
using for persons incapacitated by industrial accidents the various dent board.
mechanical and surgical devices, and methods of training and educa
tion, that have been invented or developed during the present war for
the purpose of restoring injured soldiers and sailors to health and to
productive employment. The board shall determine what steps to
this end should be taken by the Commonwealth, and shall make a
survey of the resources, public and private, both actual and potential,
which are available for the purpose. The board shall report to the
next general court with drafts of such legislation as it may deem ex
pedient, and may expend such sum not exceeding one thousand
dollars as may hereafter be appropriated.
Approved June 24, 1919.

MICHIGAN.
FIBST EXTRA SESSION—1912.
Act

N o . 1 0 , Compensation o f workmen fo r injuries.
P art I.
MODIFICATION OF REM ED IES.

Defenses abro- S e c t io n 1. In an action to recover damages for personal injury susgated*
tained by an employee in the course of his employment, or for death
resulting from personal injuries so sustained, it shall not be a defence—
(а) That the employee was negligent, unless and except it shall
appear that such negligence was willful;
( б) That the injury was caused by the negligence of a fellow employee;
(c) That the^ employee had assumed the risks inherent in or inci
dental to, or arising out of his employment, or arising from the failure of
of the employer to provide and maintain safe premises and suitable
appliances.
Exemptions.
Sec. 2. The provisions of section one shall not apply to actions to
recover damages for personal injuries sustained by household domestic
servants and farm laborers.
Election by em- Sec. 3. The provisions of section one shall not apply to actions to
ployers,
recover damages for the death of, or for personal injuries sustained by,
employees of any employer who has elected, with the approval of the
industrial accident board hereinafter created, to pay compensation in
the manner and to the extent hereinafter provided.
Effect of elec- ^ Sec. 4. Any employer who has elected, with the approval of the
n*
industrial accident board hereinafter created, to pay compensation as
hereinafter provided, shall not be subject to the provisions of section
one; nor shall such employer be subject to any other liability whatso
ever, save as herein provided for the death of or personal injury to any
employee, for which death or injury compensation is recoverable under
this act, except as to employees who have elected in the manner herein
after provided not to become subject to the provisions of this act.
W ho are emSec. 5 (as amended by act No. 50, acts of 1913). ^The following shall
ployers.
constitute employers subject to the provisions of this act:
1 . The State, and each county, city, township, incorporated village,
and school district therein, and each incorporated public board or
public commission in this State authorized by law to hold property and
to sue or be sued generally;
2 . Every person, firm, and private corporation, including any publicservice corporation, who has any person in service under any contract of
hire, express or implied, oral or written, and who, at or prior to the time
of the accident to the employee for which compensation under this act
may be claimed, shall in the’manner provided in the next section, have
elected to become subject to the provisions of this act, and who shall
not, prior to such accident, have effected a withdrawal of such election,
in the manner provided in the next section.
How election is
Sec. 6 (as amended by act No. 64, acts of 1919)/ Such election on the
made*
part of the employers mentioned in subdivision two of the preceding
section, shall be made by filing with the industrial accident board
hereinafter provided for, a written statement to the effect that such
employer accepts the provisions of this act for all his businesses, and to
cover and protect all employees employed in any and all of his busi
nesses, including all businesses in which he may engage and all em
ployees he may employe [employ] while he remains under this act; and
that he adopts, subject to the approval of said board, one of the four meth
ods provided for the payment of the compensation hereinafter specified.
The filing of such statement and the approval of said board shall operate
588

T E X T

O F

L A W S ---- M I C H I G A N .

589

within the meaning of the preceding section, to subject such employer
to the provisions of this act and all acts amendatory thereof for the
term of one > ear from the date of the filing of such statement, and there
after, without further act on his part, for successive terms of one year
each, unless such employer shall, at least thirty days prior to the expira
tion of such first or any succeeding year, file in the office of said board a
notice in writing to the effect that he desires to withdraw his election to
be subject to the provisions of this act: Provided, however, That such em
ployer so electing to become subject to the provisions^ of this act shall,
within ten days after the approval by said board of his election filed as
aforesaid, post in a conspicuous place m his plant, shop, mine, or place of
work, of if such employer be a transportation company, at its several
stations and docks, notice in the form as prescribed and furnished by
the industrial accident board to the effect that he accepts and will be
bound by the provisions of this act. Every employer filing an accept
ance under this act and securing its approval by the industrial accident
board, shall be held to have come^ under this act for any and all busi
nesses in which he is engaged or in which he may engage during the
time he remainsunder the act, and as to all employees employed by
him in any of said businesses, and any employer not securing the per
mission of the industrial accident board to carry his own risk in the
manner provided in part four of this act shall insure all his liability in
all pi his businesses m o n e and the same insurance company or organi
zation hereinafter provided for in part four of this act.
S e c . 7 (as amended by act No. 64, acts of 1919). The term uem- Who are em
ployees ” as used in this acts shall be construed to mean:
ployees.
1 . Every person in the service of the State, or of any county, city,
township, incorporated village, or school district therein, under any
appointment, or contract of hire, express or implied, oral or written,
except any official of the State, or of any county, city, township, in
corporated village, or school district therein: Provided, That one em
ployed by a contractor who has contracted with a county, city, town
ship, incorporated village, school district, or the State, through its
representatives, shall not be considered an employee of the State,
county, city, township, incorporated village, or school district which
made the contract;
2. Every person in the service of another under any contract of hire,
express or implied, oral or written, including aliens, and also including
minors who are legally permitted to work under the laws of the State
who, for the purposes of this act, shall be considered the same and have
the same power to contract as adult employees.
Sec. 8 . Any employees as defined in subdivision one of the preceding . Employeessubsection shall be subject to the provisions of this act and of any a c t J
•
amendatory thereof. Any employee as defined in subdivision two of
the preceding section shall be deemed to have accepted and shall be
subject to the provisions of this act and of any act amendatory thereof,
if at the time of the accident upon which liability is claimed:
1 . The employer charged with such liability is subject to the pro
visions of this act, whether the employee has actual notice thereof or
not; and
2 . Such employee shall not, at the time of entering into his contract
of hire, express or implied, with such employer, have given to his em
ployer notice in writing that he elects not to be subject to the provisions
of this act; or, in the event that such contract of hire was made before
such employer became subject to the provisions of this act, such em
ployee shall have given to his employer notice in writing that he elects
not to be subject to such provisions, or without giving either of such
notices shall have remained in the service of such employer for thirty
days after the employer has filed with said board an election to be sub
ject to the terms of this act. An employee who has given notice to his
employer in writing as aforesaid that he elects not to be subject to the
provisions of this act, may waive such claim by a notice in writing,
which shall take effect five days after it is delivered to the employer or
his agent.
S e c . 9 (added b y act No. 249, acts of 1917). Whenever in the Investigationof
opinion of the governor the provisions of this act shall be unfair to either ac '
employees or employers, he may appoint a commission consisting of

590

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 f t h e u n i t e d s t a t e s .

three members, whose duty it shall be to thoroughly investigate the
workings of this act and report thereon to the governor, such report to
be submitted by him to the legislature at its first regular or special
session held after the receipt of said report. Such report, in addition to
the recommendations thereof, shall contain the text of needed changes
Powers of com- or amendments to place this act upon a perfectly fair basis. The memmission.
bers of said commission shall have power to summon witnesses, admin
ister oaths, and compel the production of books and papers. They shall
each receive compensation at the rate oi ten dollars per day, together
with actual and necessary expenses incurred in the performance of
official duties, such compensation and expenses to be audited and
allowed by the board of State auditors and paid out of the general fund
in the State treasury: Provided, however, Such compensation and ex
penses shall not exceed the sum of three thousand dollars,
P art

II.

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

Who may re- S e c t io n 1. If an employee who has not given notice of his election
tion! compensa“ not to be subject to the provisions of this act, as provided in part one,
section eight, or who h m given such notice and has waived the same as
hereinbefore provided, receives a personal injury arising out of and in
the course of his employment by an employer w hoisat the time of such
injury subject to the provisions of this act, he shall be paid compensa
tion in the manner and to the extent hereinafter provided, or in the case
of his death resulting from such injuries such compensation shall be paid
to his dependents as hereinafter defined.
W illfu lmisconS e c . 2. If the employee is injured b y reason of his intentional and
duct.
willful misconduct, he shall not receive compensation under the pro
visions of this act..
Waiting time.
gEC> 3 (as amended by act No. 64, acts of 1919). No compensation
shall be paid under this act for any injury which does not incapacitate
the employee for a period of at least one week from earning full wages,
but if incapacity extends beyond the period of one week, compensation
shall begin on the eighth day after the injury: Provided, however, That
if such incapacity continues for six weeks or longer 01*if death results
from the injury, compensation shall be computed from the date of the
injury.
Medical, etc.,
g Ec. 4 (as amended b y act No. 04, acts of 1919). During the first
ninety days after the injury the employer shall furnish, or cause to be
furnished, reasonable medical, surgical, and hospital services and
medicines when they are needed.
Death.
g EC< 5
amended by act No. 64, acts of 1919). If death results from
the injury, the employer shall pay, or cause to be paid, subject, how
ever, to the provisions of section twelve hereof, in one of the methods
hereinafter provided, to the dependents of the employee, wholly de
pendent upon his earnings for support at the time of the injury, a
weekly payment equal to sixty per centum of his average weekly
wages, but not more than fourteen dollars nor less than seven dollars
a week for a period of three hundred weeks from the date of the injury.
If the employee leaves dependents only partly dependent upon Ms
earnings for support at the time of his inj ury, the weekly compensation
to be paid as aforesaid shall be equal to the same proportion of the
weekly payments for the benefit of persons wholly dependent as the
amount contributed by the employee to such partial dependents bears
to the annual earnings of the deceased at the time of his injury. When
weekly payments have been made to an injured employee before his
death the compensation to dependents shall begin from the date of the
last of such payments, but shall not continue more than three hundred
weeks from the date of the injury.
Dependents.
gEc. 6 (as amended by act No. 64, acts of 1919). The following per
sons shall be conclusively presumed to be wholly dependent for support
upon a deceased employee:
(a)
A wife upon a husband with whom she lives at the time of his
death, or from whom, at the time of his death, the industrial accident

T E X T

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5 9 1

board shall find the wife was living apart for justifiable cause or because
he had deserted her;
(b) A husband upon a wife with whom he lives at the time of her
death;
(c) A child or children under the age of sixteen years (or over said
age, if physically or mentally incapacitated from earning) upon the
parent with whom he is or they are living at the time of the death of
such parent: Provided, That in the event of the death of an employee
who has at the time of his or her death, a living child or children by a
former husband or wife, under the age of sixteen years (or over said age,
if physically or mentally incapacitated from earning), said child or
children shall be conclusively presumed to be wholly dependent for
support upon such deceased employee, even though not living with the
deceased employee at the time of ms or her death; and in all such cases
the death benefit shall be divided between or among the surviving wife
or husband and all the children of the deceased employee, and all other
persons, if any, who are wholly dependent upon the deceased employee,
in equal shares, the surviving wife or husband taking the same share
as a child. In all cases mentioned in this section the total sum due
the surviving wife or husband and her or his own child or children shall
be paid directly to the surviving wife or husband for her or his own use,
and for the use and benefit of her or his own child or children; but if
during the time compensation payments shall continue, the industrial
accident board shall find that the surviving wife or husband is not
properly caring for said child or children, it shall be the duty of said
board to order the share or shares of such child or children to be there
after paid to their guardian or legal representative for their use and
benefit, instead of to their father or mother; and in all cases the sums
due to the child or children by the former wife or husband of the de
ceased employee shall be paid to their guardians or legal representa
tives for the use and benefit of said child or children. In all other cases
questions of dependency, in whole or in part, shall be determined in
accordance with the fact, as the fact may be at the time of the injury.
Where a deceased employee leaves a person or persons wholly depend
ent upon him or her for support, said person or persons shall be entitled
to the whole death benefit and persons partly dependent, if any, shall
receive no part thereof, while said persons wholly dependent are living.
All persons wholly dependent upon a deceased employee, whether by
conclusive presumption or as a matter of fact, shall be entitled to share
equally in the death benefit in accordance with the provisions of this
section. If there is no one wholly dependent, or if the death of all
persons wholly dependent shall occur before all compensation is paid,
and there is but one person partly dependent, such person shall be en
titled to compensation according to the extent of his dependency: and
if there is more than one person partly dependent, the death benefit
shall be divided among them according to the relative extent of their
dependency. No person shall be considered a dependent, unless he or
she is a member of the family of the deceased employee, or unless such
person bears to said deceased employee the relation of husband or
widow, or lineal descendant, or ancestor, or brother or sister.
S e c . 7 . Questions as to who constitute dependents and the extent of Determ ination
their dependency shall be determined as of the date of the accident to of<lePen<lency*
the employee, and their right to any death benefit shall become fixed
as of such time, irrespective of any subsequent change in conditions;
and the death benefit shall be directly recoverable by and payable to
the dependent or dependents entitled thereto, or their legal guardians
or trustees. In case of the death of one such dependent his proportion
of such compensation shall be payable to the surviving dependents pro
rata. Upon the death of all such dependents compensation shall cease.
No person shall be excluded as a dependent who is a nonresident alien.
No dependent of an injured employee shall be deemed during the life
of such employee, a party in interest to any proceeding by him. for the
enforcement of collection of any claim for compensation, nor as respects
the compromise thereof by such employee.
Sec. 8 (as amended by act No. 64, acts of 1919). If the employee ** n0
leaves no dependents the employer shall pay, or cause to be paid as
hereinafter provided, the reasonable expense of his last sickness and

592

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burying, which, shall not exceed twT> hundred dollars, in addition to
any sums the employer may be required to pay under the provisions of
section four of part two of this act.
T o t a l disabilgEC> 9 (as amended by act No. 64, acts of 1919) While the incapacity
y*
for work resulting from the injury is total, the employer shall pay, or
cause to be paid as hereinafter provided, to the injured employee a
weekly compensation equal to sixty per centum of his average weekly
wages, but not more than fourteen dollars nor less than seven dollars a
week; and in no case shall the period covered by such compensation
be greater than five hundred weeks from the date of the injury, nor shall
the total amount of all compensation exceed six thousand dollars.
Partial disabilgEC< 1 0 (as amended by act No. 64, acts of 1919). While the incay*
pacity for work resulting from the injury is partial, the employer shall
pay, or cause to be paid as hereinafter provided, to the injured employee
a weekly compensation equal to sixty per centum of the difference be
tween his average weekly wages before the injury and the average weekly
wages which he is able to earn thereafter, but not more than fourteen
dollars a week; and in no case shall the period covered by such com
pensation be greater than five hundred wreeks from the date of the
injury. In cases included by the following schedule the disability in
each such case shall be deemed to continue for the period specified,
and the compensation so paid for such injury shall be as specified
therein, to wit:
Schedule.
For the loss of a thumb, sixty per centum of the average weekly
wages during sixty weeks;
For the loss of a first finger, commonly called index finger, sixty per
centum of average weekly wages during thirty-five wreeks;
For the loss of a second finger, sixty per centum of average weekly
wages during thirty weeks;
For the loss of a third finger, sixty per centum of average weekly
wages during twenty weeks;
For the loss of a fourth finger, commonly called the little finger, sixty
per centum of average weekly wTages during fifteen weeks;
The loss of the first phalange of the thumb, or of any finger, shall be
considered to be equal to the loss of one-half of such thumb or finger,
and compensation shall be one-half the amounts above specified;
The loss of more than one phalange shall be considered as the loss
of the entire finger or thumb: Provided, however, That in no case shall
the amount received for more than one finger exceed the amount
provided in this schedule for the loss of a hand;
For the loss of a great toe, sixty per centum of average weekly
wages during thirty weeks;
For the loss of one of the toes other than a great toe, sixty per centum
of average weekly wages during ten weeks;
The loss of the first phalange of any toe shall be considered to be
equal to the loss of one-half of such toe, and compensation shall be
one-half of the amount above specified;
The loss of more than one phalange shall be considered as the loss
of the entire toe;
For the loss of a hand, sixty per centum of average wreekly w-ages
during one hundred and fifty wreeks;
For the loss of an arm, sixty per centum of average weekly wTages
during two hundred weeks;
For the loss of a foot, sixty per centum of average weekly wages
during one hundred and twenty-five weeks;
For the loss of a leg, sixty per centum of average weekly wages
during one hundred and seventy-five weeks;
For the loss of an eye, sixty per centum of average weekly wages
during one hundred weeks;
The loss of both hands, or both arms, or both feet, or both legs, or
both eyes, or of any two thereof, shall constitute total and permanent
disability, to be compensated according to the provisions of section
nine;
The amounts specified in this clause are all subject to the same limi
tations as to maximum and minimum as above stated.
Computation of gEC n (ag amended by act No. 41, acts of 1917). (a) The term
wages.
uaverage annual earnings” as used in this act is defined to be fifty-two

TEXT OF LAWS— MICHIGAN.

593

times the average weekly wages of the employee as arrived at accord
ing to the provisions of tnis section.
(b) The term “ average weekly wages” as used in this act is defined
tb be six times the daily wage, salary or emolument which the injured
employee is earning at the time he suffers the accidental injury.
(c) In cases where it is impossible to ascertain the exact daily wage,
salary, or emolument the injured employee is earning at the time
he suffers the accidental injury, such daily earnings shall be taken and
held to be for all the purposes of this act such a sum as having regard
to the previous daily earnings of the injured employee and of other
employees of the same or most similar class working in the same or
most similar employment in the same or neighboring locality shall
most nearly, approximate the daily earnings of the said injured em
ployee at the time he receives the accidental injury, in the employ
ment in which he was working at such time. After the amount of
said daily wage, salary, or emolument shall be determined as in this
subsection: Provided, Said amount shall be multiplied by six, and the
roduct so obtained shall be for all the purposes of this act taken and
eld to be the average weekly wages of such employee.
id) The fact that an employee has suffered a previous disability or
received compensation therefor, shall not preclude compensation
for the later injury or for death, but in determining compensation for
the later injury or death his average annual earnings shall be held to
be such sum as will reasonably represent his annual earning capacity
at the time of the later injury in the employment in which he was
working at such time and snail be arrived at according to and subject
to the provisions of this section.
(e)
The weekly loss in wages referred to in this act shall consist of
such percentage of the average weekly earnings of the injured employee
computed according to the provisions of this section as shall fairly
represent the proportionate extent of the impairment of his earning
capacity in the employment in which he was working at the time
of the accident, the same to be fixed as of the time of the accident,
but to be determined in view of the nature and extent of the injury.
S ec . 12 (as amended by act No. 64, acts of 1919). The death of Death while rethe injured employee prior to the expiration of the period within satl<mg compen'
which he would receive such weekly payments shall be deemed to
end such disability, and all liability for the remainder of such pay
ments which he would have received in case he had lived shall be
terminated, but the employer shall thereupon be liable for the follow
ing death benefits in lieu of any further disability indemnity :
If the injury so received by such employee was the proximate
cause of his death, and such deceased employee leaves dependents,
as hereinbefore specified, wholly or partially dependent on him for
support, the death benefit shall be a sum sufficient, when added to
the indemnity which shall at the time of death have been paid or
become payable under the provisions of this act to such deceased
employee, to make the total compensation for the injury and death
exclusive of medical, surgical and hospital services and medicines
furnished as provided in section four hereof, equal to the full amount
which such dependents would have been entitled to receive under
the provisions of section five hereof, in case the accident had resulted
in immediate death, and such benefits shall be payable in weekly
installments in the same manner and subject to the same terms and
conditions in all respects as payments made under the provisions of
said section five.
Sec. 13. No savings or insurance of the injured employee, nor any Insurance, etc.,
contribution made by him to any benefit fund or protective association ei^Ployeesindependent of this act, shall be taken into consideration in determin
ing the compensation to be paid hereunder, nor shall benefits derived
from any other source than those paid or caused to be paid by the em
ployer, as herein provided, be considered in fixing the compensation
under this act.
Sec. 14. If an injured employee is mentally incompetent or is a Incompetence,
minor at the time when any right or privilege accrues to him under
177982°—21—Bull. 272------ 38+39

594

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

this act, his guardian or next friend may in his behalf claim and exer
cise such right or privilege.
Notice and
gEC> 15 ^as amended by act No. 64, acts of 1919). No proceedings for
compensation for an injury under this act shall be maintained, unless
a notice of the injury shall have been given to the employer within
three months after the happening thereof, and unless the claim for com
pensation with respect to such injury, which claim may be either oral
or in writing, shall have been made within six months after the occur
rence of the same; or, in case of the death of the employee, within six
months after said death; or, in the event of his physical or mental inca
pacity, within the first six months during which the injured employee
is not physically or mentally incapacitated from making a claim: Pro
vided, however, That in all cases in which the employer has been given
notice of the injury, or has notice or knowledge of the same within
three months after the happening thereof, but the actual injury, disa
bility or incapacity does not develop or make itself apparent within
six months after the happening of the accident, but does develop and
make itself apparent at some date subsequent to six months after the
happening of the same, claim for compensation may be made within
three months after the actual injury, disability or incapacity develops
or makes itself apparent to the injured employee, but no such claim
shall be valid or effectual for any purpose unless made within two years
from the date the accidental personal injury was sustained: And pro
vided further, That any time during which an injured employee shall
be prevented by reason of his physical or mental incapacity from mak
ing a claim, shall not be construed to be any. part of the six months’
limitation mentioned in this section: And provided further, That in all
cases in which the employer has been given notice of the happening of
the accident, or has notice or knowledge of the happening of said acci
dent, within three months after the happening of tne same, and fails,
neglects, or refuses to report said accident to the industrial accident
board as required by the provisions of this act, the statute of limitations
shall not run against the claim of the injured employee or his depend
ents, or in favor of either said employer or his insurer, until a report of
said accident shall have been filed with the industrial accident board.
Form of notice.
S e c . 16. The said notice shall be in writing, and shall state in ordi
nary language the time, place, and cause of the injury; and shall be
signed by the person injured, or by a person in his behalf, or, in the
event of his death, by his dependents or by a person in their behalf.
S e c . 17. The notice shall be served upon the employer or an agent
Service.
thereof. Such service may be made by delivering said notice to the
person on whom it is to be served, or leaving it at his residence or place
of business, or by sending it by registered mail addressed to the person
or corporation on whom it is to be served, at his last known residence
or place of business.
S e c . 1 8. A n o tic e g iv e n u n d e r th e p rovision s of th is a c t sh a ll n o t b e
h e ld in v a lid or in su fficien t b y reason o f a n y in a c c u ra c y in s ta tin g th e
tim e , p la c e , or cause of th e in ju r y , u n less i t is sh o w n th a t i t w as th e
in te n tio n to m isle a d , an d th e e m p lo y e r , or th e in su ran ce c o m p a n y
carryin g su c h risk , or th e com m ission er o f in su ran ce , as th e case m a y
b e , w as in fa c t m isle d th e re b y .
W a n t of su ch w ritten n o tic e sh a ll n o t
b e a b ar to pro ceed in gs u n d e r th is a c t, i f i t b e sh ow n th a t th e e m p lo y e r
h a d n o tic e or k n o w le d g e o f th e in ju r y .

Defects.

Medical
nation.

exami-

S e c . 19. After an employee has given notice of an injury, as provided by this act, and from time to time thereafter during the continu
ance of his disability, he shall, if so requested by the employer, or the
insurance company carrying such risk, or the commissioner of insur
ance, as the case may be, submit himself to an examination by a phy
sician or surgeon authorized to practice medicine under the laws of
the State, furnished and paid for by the employer, or the insurance
company carrying such risk, or the commissioner of insurance, as the
case may be. The employee shall have the right to have a physician
provided and paid for by himself present at the examination. If he
refuses to submit himself for the examination, or in any way obstructs
the same, his right to compensation shall be suspended, and his com
pensation during the period of suspension may be forfeited. Any phy
sician who shall make or be present at any such examination may be
required to testify under oath as to the results thereof.

595

TEXT OF LAWS— MICHIGAN,

Sec. 20. No agreement by an employee to waive his rights to com- Waivers,
pensation under this act shall be valid.
S ec. 21. No payment under this act shall be assignable or subject to Assignments,
attachment or garnishment, or to be held liable in any way for any e
debts. In case of insolvency every liability for compensation under
this act shall constitute a first lien upon all the property of the em
ployer liable therefor, paramount to all other claims or liens except for
wages and taxes, and such liens shall be enforced by order of the court.
Sec. 22. Whenever any weekly payment has been continued for not Lump sum
less than six months, the liability therefor may be redeemed by the Paym s‘
payment of a lump sum by agreement of the parties, subject to the
approval of the industrial accident board, and said board may at any
tune direct in any case, if special circumstances be found which in its
judgment require the same, that the deferred payments be commuted
on the present worth thereof at five per cent per annum to one or more
lump sum payments, and that such payments shall be made by the
employer of the insurance company carrying such risk, or commis
sioner of insurance, as the case may be.
Sec. 23 (added by act No. 50, acts of 1913). All compensation paid Payment;^ by
or to be paid under this act by any employer, being an incorporated commiSions!
public board, or public commission shall be treated as part of the nec
essary operating expenses thereof, and all sums and amounts of money
required therefor may be embraced in any requisition authorized by
law to be made upon any other public corporation, body, or officer for
moneys for the use of such employer in addition to all other sums
authorized by law, or separate requisition therefor may be made in like
like manner; and the same shall be allowed and paid to such employer
in the same manner as other moneys are required to be allowed and
paid for the use of such employer; or the same may be embraced in
any report or requirement authorized by law to be made to or upon
any other public corporation, or officer, of sums of money to be levied
as taxes for the use of such employer, in addition to all other sums
authorized by law, or separate report or requirement thereof may be
made in like manner; ana the same shall be levied, collected, and paid
as other amounts for taxes are required to be levied, collected, and
paid for the use of such employer.
P art III.
PROCEDURE.

S ection 1 . There is hereby created a board which shall be known
as the industrial accident board, consisting of three members to be
appointed by the governor, by and with the consent of the senate, one
ot whom shall be designated by the governor as chairman. >Appoint
ments to fill vacancies may be made during recesses of the senate, but
shall be subject to confirmation by the senate at the next ensuing
session of the legislature. The term of office of members of this board
shall be six years, except that when first constituted one member shall
be appointed for two years, one for four years, and one for six years.
Thereafter one member shall be appointed every second year for the
full term of six years. No more than two members of this board shall
belong to the same political party.
Sec. 2 (as amended by act No. 64, acts of 1919). The salary of each
of the members so appointed by the governor shall be three thousand
five hundred dollars per year. The board may appoint a secretary
at a salary of not more than two thousand five hundred dollars
a year, and may remove him. The board shall be provided with an
office in the capitol, or in some other suitable building in the city of
Lansing, in which its records shall be kept, and it shall also be pro
vided with necessary office furniture, stationery and other supplies.
It shall provide itself with a seal for the authentication of its orders,
awards and proceedings, upon which shall be inscribed the words
“ Industrial Accident ^Board—Michigan—Seal.” It shall employ
such assistants and clerical help as it may deem necessary and fix the
compensation of all persons so employed: Provided, That the average
compensation paid to such employees shall not exceed eleven hundred

Ilid^str^al acci‘
0

Salaries, etc.

596

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

dollars per annum for each person employed, and all such clerical as
sistants shall be subject to existing laws regulating the grading and com
pensation of department clerks v The members of the board and its
assistants shall be entitled to receive from the State their actual and
necessary expenses while traveling on the business of the board; but
such expenses shall be sworn to by the person who incurred the same,
and be approved by the chairman of the board before payment is
made. Said board shall have the power to maintain an office in the
city of Detroit. All such salaries and expenses when audited and
allowed by the board of State auditors, shall be paid by the State
treasurer out of the general fund, upon warrant of the auditor general.
Buies.
gEC 3 The board may make rules not inconsistent with this act for
carrying out the provisions 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
witnesses and to examine such parts of the books and records of the
parties to a proceeding as relate to questions in dispute.
Forms.
S ec . 4. Tne board shall cause to be printed and furnish free of charge
to any employer or employee such blank forms as it shall deem requisite
to facilitate or promote the efficient administration of this act; it shall
provide a proper record book in which shall be entered and indexed
the name of any employer who shall file a statement of election under
this act, and the date of the filing thereof, and its approval b y such
board, and a separate book in which shall be entered and indexed the
name of every employer who shall file his notice of withdrawal of said
election, and the date of the filing thereof; and books in which shall be
recorded all orders and awards made by the board; and such other books
or records as it shall deem required by the proper and efficient admin
istration of this act; all such records to be kept in the office of the board.
Upon the filing of a statement of election by an employer to become
subject to the provisions of this act, the board shall forthwith cause
such notice of the fact to be given by requiring said employer to post
such notice as hereinbefore provided; and the board shall likewise
cause notice to be given of the filing of any withdrawal of such election;
but notwithstanding the failure to give, or the insufficiency of, any
such notice, knowledge of all filed statements of election and notices of
withdrawal of election, and of the time of the filing of the same, shall
conclusively be imputed to all employees.
be^§edmentS t0 ^EC*
the employer, or the insurance company carrying such
risk, or commissioner of insurance, as the case may be, and tne injured
employee reach an agreement in regard to compensation under this act,
a memorandum of such agreement shall be filed with the industrial
accident board, and, if approved by it, shall be deemed final and
binding upon the parties thereto. Such agreement shall be approved
by said board only when the terms conform to the provisions of this act.
Arbitration.
g EC 0 (ag amended b y act No. 64, acts of 1919). If the employer, or
the insurance company carrying such risk, or the commissioner of
insurance, as the case may be, and the employee fail to reach an agree
ment in regard to compensation under this act, either party may notify
the industrial accident board, who shall thereupon call for the formation
of a committee of arbitration. The committee of arbitration shall
consist of three members, one of whom shall be a member, or deputy
member, of the industrial accident board and shall act as chairman.
The other two members shall be named, respectively, by the two
parties.
Duty of board.
gEC 7 (ag amended by act No. 64, acts of 1919). It shall be the duty
of the industrial accident board, upon notification that the parties have
failed to reach an agreement, to request both parties to appoint their
respective representatives on the committee of arbitration. The board
shall designate one of its members, or deputy members, to act as chair
man, and if either party does not appoint its member on this committee,
before or at the time of arbitration, the board or any member, or deputy
member, thereof shall fill the vacancy.
Investigations.
g EC g (as amended by act No. 64, acts of 1919). The committee of
arbitration shall make such inquiries and investigations as it shall
deem necessary. The hearings of the committee shall be held at the
locality where the injury occurred, and the decision of the committee

TEXT OF LAWS— MICHIGAN.

597

shall be filed with the industrial accident board. Unless a claim for a
review is filed by either party within ten days, the decision shall stand
as the decision of the industrial accident board: Provided, That said
industrial accident board may, for sufficient cause shown, grant further
time in which to claim such review.
S ec . 9. The industrial accident board or any member thereof may Examination of
appoint a duly qualified impartial physician to examine the injured physicianemployee and to report. The fee for this service shall be five dollars
and traveling expenses, but the board may allow additional reasonable
amounts in extraordinary cases.
S ec, 10. The arbitrators named by or for the parties to the dispute Fees»etcshall each receive five dollars a day for his services, but the industrial
accident board or any member thereof may allow additional reasonable
amounts in extraordinary cases. The fees of such arbitrators and other
costs of such^ arbitration, not exceeding, however, the taxable costs
allowed in suits at law in the circuit courts of this State, shall be fixed
by the board and paid by the State as the other expenses of the board are
paid. The fees and the payment thereof of all attorneys and physicians
for services under this act shall be subject to the approval of the indus
trial accident board.
^ S ec. 11. If a claim for review is filed, as provided in part three, sec- Review,
tion eight, the industrial accident board shall promptly review the
decision of the committee of arbitration and such records as may have
been kept of its hearings, and shall also if desired hear the parties, to
gether with such additional evidence as they may wish to submit, and
file its decision therein with the records of such proceedings. Such
review and hearing may be held in its office at Lansing or elsewhere as
the board shall deem advisable.
Sec. 12. The findings of fact made by said industrial accident board Findings,
acting within its powers, shall, in the absence of fraud, be conclusive,
but the supreme court shall have power to review questions of law in
volved in any final decision or determination of said industrial accident
board: Provided, That application is made by the aggrieved party within
thirty days after such determination by certiorari, mandamus, or any
other method permissible under the rules and practice of said court or
the laws of this State, and to make such further orders in respect thereto
as justice may require.
S ec . 13. Either party may present a certified copy of the decision of Court decrees,
such industrial accident board approving agreements of settlement as
provided in part three, section five hereof, or of the decision of such
committee of arbitration when no claim for review is made as provided
in part three, section eight, or of the decision of such industrial accident
board when a claim for review is filed as provided in part three, section
eleven, providing for payment of compensation under this act, to the
circuit court for the county in which such accident occurred, where
upon said court shall, without notice, render a judgment in accordance
therewith against said employer and also against any insurance com
pany carrying such risk under the provisions of this act; which judgment,
until and unless set aside, shall have the same effect as though duly
rendered in an action duly tried and determined by said court, and
shall, with like effect, be entered and docketed.
S ec . 14. Any weekly payment under this act may be reviewed by Review,
the industrial accident board at the request of the employer, or the
insurance company carrying such risks, or the commissioner of 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, if the board finds that the facts warrant such
action.
S ec . 15. Where the injury for which compensation is payable under Injuries by
this act was caused under circumstances creating a legal liability in
parties,
some person other than the employer to pay damages in respect thereof,
the employee may at his option proceed either at law against that person
to recover damages, or against the employer for compensation under
this act, but not against both, and if compensation be paid under this
act the employer may enforce for his benefit or for that of the insurance
company carrying such risk, or the commissioner of insurance, as the
case may be, the liability cf such other person.

598

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Settlement
disputes.

S ec. 16. All questions arising under this act, if not settled by agree-*
ment by the parties interested therein, shall, except as otherwise herein
provided, be determined by the industrial accident board.
Records of ac
S ec. 17 (as amended by act No. 64, Acts of 1919). Every employer
cidents.
shall hereafter keep a record of all injuries, fatal or otherwise, received
by his employees in the course of their employment. On the eighth
day after the occurrence of an accident resulting in personal injury, a
report thereof shall be made in writing to the industrial accident board
on blanks to be procured from the board for that purpose, as follows:
Reports.
(a) In all cases in which the injured employee is injured so slightly
that he loses no time, or little time, or returns to work within seven days,
the employer shall on the eighth day after the occurrence of the accident
make and send to the industrial accident board a report of said accident
in which shall be stated the name and address of the employer; the name
and address of the employee, including street, house number and postoffice; the date of the accident; the nature of the injury; the length of
time lost by the injured employee, if any; the date upon which the
injured employee returned to work; the amount of the medical, surgical,
and hospital expense, if any, incurred up to the time of the making of
the report; the name of the insurance company carrying the employer’s
risk on the date of the accident; and such other information as the in
dustrial accident board may require. Said report shall be dated and
signed in ink by the employer, or his duly authorized agent, and made
and mailed to the industrial accident board, at Lansing, Michigan, on
the eighth day after the accident occurred. All noncompensable
accidents shall be reported by the employer under this subdivision of
this section. If any accident reported under this subdivision as a non
compensable accident shall later prove to be a compensable accident,
the employer shall as soon as he learns the same to be a compensable
accident make a report of the same under subdivision ( 6) below, and
shall state in said report the fact that said accident was previously
erroneously reported as a noncompensable accident;
(b)
In all cases in which the employee is injured to such an exten
that he does not return to work within*seven days after the accident,
and in all cases in which the disability of the injured employee contin
ues for more than seven days after the accident, and in all cases in
which the accident results in the loss of a member of the employee’s
body, and in all cases in which the accident causes the death of the em^
ployee, the employer shall report said accident to the industrial accident
board, at Lansing, Michigan, on the eighth day after the accident, in the
Items to be re- manner hereinafter stated. Said report to be made under this subdivi
ported.
sion of this section shall state the name and address of the employer; the
nature of his business; the location of the plant or place of work where
the accident occurred; the name and address of the injured employee,
including street, house number, and post-office; the occupation of the
injured employee; the department or branch of work in which the
employee was injured; whether the employee was injured in his reg
ular occupation, and if not, what the regular occupation of the injured
employee was; how long the injured employee was employed; the
place of birth, sex, and age of said employee; whether he was single,
married, widowed or divorced; the number of children of the said
injured employee under sixteen years of age; the date and hour of the
accident; the hour the injured employee began work that day; whether
full wage was paid for the day on which the employee was injured; the
daily wage, salary, or emolument the injured employee was earning at
the time of the accidental injury; the average weekly wage of the
injured employee, computed according to the provisions of this act;
the working hours per day of said injured employee; the number of
days the injured employee worked per week; the place of accident in
detail; the cause and manner of the accident stated fully; the nature
and extent of the injury fully and in detail; the name and address of
the physician who attended the injured employee; the fact as to
whether the injured employee was taken to a hospital, and if so, the
name and address of the hospital; the name of the insurance company
carrying the risk of the employer, if any; and such other information
as may be required by the industrial accident board. When the acci
dent causes the loss of a member, said report shall state exactly what

TEXT OF LAWS— MICHIGAN.

member, or portion of the member, was lost. The report shall be dated
and signed m ink b y the employer, or by some person by him duly
authorized, and shall on the eighth day after the accident be made out
and signed by the employer and mailed to the industrial accident
board, at Lansing, Michigan.
(c) In all cases of compensable accidents reported under subdivision Apeemcnt
(b) of this section, the employer, or his insurer, shall immediately after *fea»a.
the making of the report to the industrial accident board showing said
accident to be a compensable one, prepare and sign an agreement to pay
compensation to said employee under the terms of this act, and present
said agreement to the injured employee for his signature, and when said
agreement is signed b y said injured employee, and within the second
week after the accident, the said employer or insurer shall forward said
agreement so signed to the industrial accident board. Said agreement
shall be prepared, signed, and mailed so that it shall reach the office of
the industrial accident board on or prior to the fourteenth day after the
accident. In all cases in which an accident is first erroneously report
ed as noncompensable and afterwards ascertained to be compensable,
the employer or insurer shall prepare, sign, and submit to the injured
employee for his signature an agreement to pay said injured employee
the compensation to which he is entitled under the terms of this act,
within one week after said employer or insurer learns that said accident
is compensable, and during the same time shall forward said agreement
signed as aforesaid to the industrial accident board;
id) Every employer or insurer obligated to pay workmen’s compensa- Payments,
tion to any employee under the terms of this act shall make the first
weekly payment of compensation to the injured employee at the end
of one week after the compensation period begins to run, and shall
make like weekly payments of compensation at the end of each week
thereafter as long as compensation is payable to the injured employee
on account of his injury;
(e)
In all cases in which an accidental injury suffered by an employee Death cases,
shall result in his death, the employer of the employee whose death
results shall on the eighth day after the accident, or after the death of
the said injured employee, make to the industrial accident board a
supplemental report, which report shall state the name of the employer;
his address; the name of the deceased employee; his nationality; the
last address of the deceased employee, including street, house number,
and post office; the date of the accident which resulted in the death of
the deceased employee; the date of the death of the deceased employee *
whether employer furnished all medical aid required during the final
illness; the amount of compensation, if any, paid to the deceased em
ployee before his death; name and address of person who incurred the
expense of the burial of the deceased; name and address of the person
to whom any expense of final illness is due; and the names, ages, and
relationship to the deceased, and post-office address of all dependents
of deceased as far as said employer is able to ascertain the same, and
whether said persons appear to be dependent upon the deceased in
whole or in part. Said report shall be dated and signed in ink b y the
employer or b y some person b y him duly authorized and shall be within
fourteen days after the death of the deceased employee mailed to the
industrial accident board, at Lansing, Michigan.
And in all cases in which the employer shall be liable to pay com
pensation or death benefits to the dependents of the deceased employee,
said employer or his insurer shall within said fourteen days prepare
and sign an agreement to pay the same to the dependents entitled
thereto, and present said agreement to the dependents of the deceased
employee for their signatures; and when said agreement is signed by said
dependents, and within fourteen days after the death of said employee,
the said employer or his insurer shall forward said agreement to the
industrial accident board.
If any employer shall, after he has notice or knowledge of an accident Violations,
happening to one of his employees, refuse or neglect to make any of the
reports required by this section, neither he nor his insurer shall have
the right to raise the defense of the statute of limitations contained in
section fifteen of part two of this act in any proceedings b y injured
employees, or their dependents, to recover compensation, and said

600

WORKMEN’s COMPENSATION LAWS OF THE UNITED STATES.

employer shall be punished by a fine of not more than fifty dollars for
eacn offense.
Assistant secreSEC. 18 (as amended by act No. 64, acts of 1919). The board may apTy'
point an assistant secretary at a salary of not more than two thousand
dollars a year to be paid as other State employees are paid.
Deputies.
gEC. 20 (as amended b y act No. 64, acts of 1919). The board may ap
point not to exceed three deputy members who shall hold office during
its pleasure. Such deputy members shall take and subscribe the con
stitutional oath of office, have power to administer oaths, certify of
ficial acts, take depositions, issue subpoenas to compel the attendance
of witnesses and the production of books, accounts and papers, and
under the direction o f the board any such deputy member may con
duct an investigation, inquiry, hearing or arbitration in the same
manner and with like effect as if done by a member of the board. The
salary of each of such deputy members shall be fixed by the board, not
exceeding in any case two thousand five hundred dollars per year.
Part IY .
METHOD OF PA Y M E N T .

Security ofpayS e c t io n 1 (as amended b y act No. 64, acts of 1919). Every employer
ments.
filing his election to become subject to the provisions of this act, as

Policies.

hereinbefore set forth, shall have the right to specify at the time of
doing so, subject to the approval of said industrial accident board,
which of the following methods for the payment of such compensa
tion he desires to adopt, to-wit:
First. Upon furnishing satisfactory proof to said board of his sol
vency ana financial ability to pay tne compensation and benefits
hereinbefore provided for, to make such payments directly to his em
ployees, as they may become entitled to receive the same under the
terms and conditions of this act; or
Second. To insure against such liability in any employer’s liability
company authorized to take such risks in the State of Michigan ; or
Third. To insure against such liability in any employer’s insurance
association organized under the laws of the State of Michigan; or
Fourth. To request the commissioner of insurance of the State of
Michigan to assume the administration of the disbursement of such
compensation and the collection of the premiums and assessments
necessary to pay the same, as provided in part five hereof. Said
board, however, shall have the right from time to time to review and
alter its decision in approving the election of such employer to adopt
any one of the foregoing methods of payment, if in its judgment such
action is necessary or desirable for any reason.
Every insurance company or organization mentioned in this section
issuing an insurance policy to cover any employer not permitted to
carry his own risk unaer subdivision first of this section, shall in one
and the same insurance policy insure, cover and protect all the busi
nesses, employees, enterprises, and activities of such employer, and
each and every policy of insurance covering workmen’s compensa
tion in this State shall contain the following provisions:
‘ ‘Notwithstanding any language elsewhere contained in this con
tract or policy of insurance, the insurance company or organization
issuing this policy hereby contracts and agrees with the insured em
ployer;
(a) That it will pay to the persons that may become entitled thereto
all workmen’s compensation for which the insured employer may be
come liable under the provisions of act number ten, of the Public Acts
of Michigan of the first extra session of nineteen hundred twelve, as
amended, or as it may be hereafter amended on account of all acci
dents happening to his employees during the life of this contract or
policy;
(b) That it will furnish or cause to be furnished to all employees of
the said employer, all reasonable medical, surgical and hospital ser
vices and medicines when they are needed which the employer may
be obligated to furnish or cause to be furnished to his employes under
the provisions of the said Michigan workmen’s compensation law; and
that it will pay to the persons entitled thereto for all said reasonable
medical, surgical, and hospital services and medicines when they are

TEXT OF LAWS— MICHIGAN.

601

needed on account of all accidents happening to his employees during
the life of this contract or policy;
(c) That it will pay or cause to be paid the reasonable expense of the
last sickness and ourying of all employees, whose deaths are caused
by accidental injuries happening dining the life of this contract or
policy and arising out of and in the course of their employment with
the said employer, which the said employer may be obligated to pay
under the provisions of said workmen’s compensation law, the amount
in each case, however, not to exceed two hundred dollars;
(d) That this insurance contract or policy shall for all purposes be
held and deemed to cover all the businesses the said employer is en
gaged in at the time of the issuance of this contract or policy and all
other businesses, if any, said employer may engage in during the life
thereof, and all employees the said employer may employ in any of
his businesses during the period covered by this policy;
(e) That it hereby assumes all obligations imposed upon the said
employer b y his acceptance of the Michigan workmen’s compensa
tion law, as far as the payment of compensation, death benefits, or for
medical, surgical or hospital care or medicines is concerned;
(/) That it will file with the industrial accident board, at Lansing,
Michigan, at least ten days before the taking effect of any termination
or cancellation of this contract or policy, a notice giving the date at
which it is proposed to terminate or cancel this contract or policy; and
that any termination of this policy, shall not be effective as far as the
employees of the insured covered thereby are concerned until ten days
after such notice of such proposed termination or cancellation is re
ceived by the said industrial accident board;
(g)
That all the provisions of this contract, if any, which are not in
harmony with this paragraph are to be construed as modified hereby,
and all conditions and limitations in said policy, if any, conflicting
herewith are hereby made null and void.”
The said provisions shall be printed upon or attached to the first
page of every insurance contract or policy issued by any insurance
company or organization for the purpose of protecting any employer
accepting the Michigan workmen’s compensation law, in type not
smaller than long primer and shall constitute a separate paragraph of
the said policy; and any provision of the policy, if any, inconsistent
with the said undertakings and agreements of the insurance company
or organization, contained in the said provisions shall be null and void.
S ec. 2. Nothing herein shall affect any existing contract for em- Existing conployers’ liability insurance or affect the organization of any mutual or ctsother insurance company, or any arrangement now existing between
employers and employees, providing for the payment to such em
ployees, their families, dependents or representatives, sick, accident or
death benefits, in addition to the compensation provided for by this
act. But liability for compensation under this act shall not be reauced
or affected by any insurance, contribution or other benefit whatsoever,
due to or received by the person entitled to such compensation, and
the person so entitled shall, irrespective of any insurance or other
contract, have the right to recover the same directly from the employer;
and in addition thereto, the right to enforce in his own name in the
manner provided in this act the liability of any insurance company or
of any employers’ association organized under the laws of the State of
Michigan, or the commissioner of insurance, who may, in whole or in
part, have insured the liability for such compensation: Provided,
howevei, That payment in whole or in part of such compensation by
either the employer, or the insurance company carrying such risk, or
the commissioner of insurance, as the case may be, shall to the extent
thereof be a bar to recovery against the other, of the amount so paid.
S ec . 3. Every contract for the insurance of the compensation herein . Contracts sub
provided for, or against liability therefor, shall be deemed to be made ]ec toac •
subject to the provisions of this act. and provisions thereof incon
sistent with this act shall be void. No company shall enter into any
such contract for insurance, unless such company shall have been
, approved by the commissioner of insurance as provided by law.
Sec . 4. Any employer against whom liability may exist for compen- JR}?*11*18®of lisation under this act may, with the approval of the industrial accident a y*
board, be relieved therefrom by:

602

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

1. Depositing the present value of the total unpaid compensation for
which such liability exists, assuming interest at three per centum per
annum, with such trust company of this State as shall be designated
by the employee, or by his dependents in case of his death, and such
liability exists in their favor, or in default of such designation by him,
or them, after ten days* notice in writing from the employer, witn such
trust company of this State as shall be designated by the industrial
accident board; or
2. By the purchase of an annuity, within the limitations provided by
law, in any insurance company granting annuities and licensed in
this State, which may be designated by the employee or his dependents,
or the industrial accident board, as provided in subsection one of this
section.
Part Y .
ADM INISTRATION B Y COMMISSIONER OF IN SU R A N C E.

Collection
premiums.

S ection 1 (as amended by act No. 153, acts of 1915). Whenever

five or more employers, who have become subject to the provisions of
this act, and who have on their pay rolls an aggregate number of not
less than three thousand employees* shall in writing request the com
missioner of insurance so to ao, he shall assume charge of levying and
collecting from them such premiums or assessments as may from time
to time be necessary to pay the sums which shall become due their
employees, or dependents of their employees as compensation under
the provisions of this act, and also the expense of conducting the
administration of such funds; and shall disburse the same to the
persons entitled to receive such compensation under the provisions
of this act: Provided, however, That neither the commissioner of insur
ance nor the State of Michigan shall become or be liable or responsible
for the payment of claims for compensation under the provisions of
this act beyond the extent of the funds so collected and received by him
as hereinafter provided.
Administration
Sec. 2 (as amended by act No. 153, acts of 1915). The commisof fund.
sioner of insurance shall immediately upon assuming the administra
tion of the collection and disbursement of the moneys referred to in the
preceding section cause to be created in the State treasury a fund to
be known as ‘ ‘ accident fund.’ ’ Each such employer shall contribute to
this fund to the extent of such premiums or assessments as the com
missioner shall deem necessary to pay the compensation accruing
under this act to employees of such employers or to their dependents,
and also the expense of the administration of said accident fund,
which premiums and assessments shall be levied in the manner ana
proportion hereinafter set forth. There shall be maintained in said
accident fund a sufficient amount of cash to pay current losses and
expenses, and the balance may be invested by the commissioner of
insurance and the State treasurer acting together, in B u ch securities as
are specified in section four of act number seventy-seven of the Public
Acts of eighteen hundred sixty-nine, for deposit by insurance com
panies with the State treasurer. All such securities shall be purchased
and may be sold at such time, in such manner and in accordance with
such rules and conditions as may be prescribed and required by the
joint action of said insurance commissioner and State treasurer: Pro
vided, however, That no such investment shall be made nor any
securities sold or disposed of except by and with the consent and
approval in writing of the board of State auditors. The commissioner
of insurance shall give a good and sufficient bond in the sum of
twenty-five thousand dollars, executed by some surety company
authorized to do business in the State of Michigan, covering the col
lection and disbursement of all moneys that may come into his hands
under the provisions of this act. The premium on said bond shall be
paid out 'f the general funds of the State on an order of the auditor
general. Said bond must be approved by the board of State auditors.
Premium rates.
S ec . 3. It is the intention that the amounts raised for such fund
shall ultimately become neither more nor less than self-supporting, and
the premiums or assessments levied for such purpose shall be subject
to readjustment from time to time by the commissioner of insurance
as may become necessary.

TEXT OF LAWS— MICHIGAN*.

603

S ec . 4 (as amended by act No. 153, acts of 1915). The commissioner Classifications,
of insurance may classfy the establishments or works of such em
ployers in groups in accordance with the nature of the business in
winch they are engaged and the probable risk of injury to their
employees under existing conditions. He shall determine tne amount
of the premiums or assessments which such employers shall pay to said
accident fund, and may prescribe when ana in what manner such
premiums and assessments shall be paid, and may change the amount
thereof both in respect to any or all of such employers from time to
time, as circumstances may require, and the condition of their
respective plants, establishments or places of work in respect to the
safety of their employees may justify, but all such premiums or assess
ments shall be levied on a basis that shall be fair, equitable and just
as among such employers.
S ec . 5 (as amended by act No. 153, acts of 1915). All premiums or Default in payassessments shall be due and payable within forty-five days from the JJents. ° assess"
date on which the insurance became effective, and formal demand for
the payment of such premium shall be made within thirty days from
said date. If any employer shall make default in the payment of any
contribution, premium or assessment required as aforesaid by the com
missioner of insurance, the insurance ot such employer shall become
void and the sum due for the period insured shall be collected by an
action at law in the name of the State as plaintiff and such right of
action shall be in addition to any other right of action or remedy. In
case any injury happens to any of the workmen of such employer after
the default in the payment of any such premium, assessment, or con
tribution, the defaulting employer shall not, if such default be fifteen
days after demand for payment, be entitled to the benefits of this act,
but shall be liable to suit by the injured workman, or by his dependents
in case death results from such accident, as if he had not elected to
become subject to this act.
S ec. 6 (as amended by act No. 153, acta of 1915). Every employer Certificate of
requesting insurance under the administration of the commissioner msuranceof insurance shall, upon complying with the rules and regulations
adopted by said commissioner of insurance, be furnished with a cer
tificate showing the date on which such insurance becomes effective.
Such insurance shall be in force for a period of one year, and may be
renewed for subsequent periods of one year: Providing, Such employer
shall have complied with all of the rules and regulations adopted by
the commissioner of insurance.
S ec . 7. In case any controversy shall arise between the commis- Disputes,
sioner of insurance ana any employer subject to the provisions of part
five of this act, relative to any rule or regulation adopted by said
commissioner of insurance, or any decision made by him in respect
to the collection, administration and disbursement of such funds, or
in case any controversy shall arise between any employee claiming
compensation under the provisions of this act and said commissioner
of insurance, all such controversies of every kind and nature shall be
subject to review in like manner and with the same force and effect
in all respects as is heretofore provided in respect to differences arising
through the administration of such funds by the employer, or by a
liability insurance company, or by an employers’ mutual insurance
association.
Sec. 8 (as amended by act No. 153, acts of 1915). The books, Inspection of
records, and pay rolls of each employer subject to the provisions ofpay 10 s’ c*
part five of this act shall always be open to inspection by the commis
sioner of insurance, or his duly authorized agent or representative,
for the purpose of ascertaining the correctness of the amount of the pay
roll reported, the number of men employed, and such other information
as said commissioner may require in the administration of said funds.
Refusal on the part of any such employer to submit said books, records
and pay rolls for such inspection, shall subject the offending employer
to a penalty of fifty dollars for each offense, to be collected by civil
action in the name of the State and paid into the accident fund, and
the individual who shall personally give such refusal shall be guilty
of a misdemeanor. Any such employer who shall knowingly submit
to the commissioner of insurance a false statement of pay roll for the
purpose of securing a lower premium charge, shall be guilty of a mis-

604

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

demeanor, and upon conviction shall be subject to a fine of not less
than one hundred dollars, or imprisonment for not more than thirty
days in the county jail or both such fine and imprisonment in* the
discretion of the court.
:
Receipts, exg EC. 9 (as amended by act No. 206, acts of 1917). The commispenditures, etc. Bioner 0f insurance shall issue proper receipts for all moneys bo col
lected and received from employers, as aforesaid, and shall take receipts
for all sums paid to employees for compensation under the provisions
of this act, and shall keep full and complete records of all business
transacted by him in the administration of such funds. He may
employ such deputies and assistants and clerical help as may be
necessary, and as the advisory board, hereinafter created, may author
ize, for the proper administration of said funds, and the performance
of the duties imposed upon him by the provisions of this act, at such
compensation as may be fixed by the advisory board, and may also
remove them. The commissioner of insurance and such deputies
and assistants shall be entitled to receive from the State their actual
and necessary expenses while traveling upon the business of the acci
dent fund, and all such salaries and expenses as authorized by the pro
visions of this act shall, when audited by the board of State auditors,
be charged to and paid out of said accident fund. He shall include
in his annual report a full and correct statement of the administration
of such fund, showing its financial status, and outstanding obligations,
the claims contested and why, and general statistics in respect to all
business transacted by him under the provisions of this act.
Pa y me n t s
Sec. 10 (as amended by act No. 153, acts of 1915). All payments
made, how.
on accounfc 0f injuries to employees from said accident fund snail be
made only upon the certificate of the commissioner of insurance,
which certificate shall be in accordance with the agreement for com
pensation as approved by the industrial accident board; such certificate
shall be filed with the auditor general, who shall thereupon draw his
Warrant on the State treasurer against said accident fund..
Winding up of Sec. 11 (as amended by act No. 153, acts of 1915). If this act shall
fund.
be hereafter repealed or (if it shall in the judgment of the commissioner
of insurance become necessary to dissolve the accident fund), all
moneys which are in the accident fund at such time shall be subject
to disposition under the direction of the circidt court for the county
of Ingham, with due regard, however, to the obligation incurred and
existing to pay compensation under the provisions of this act.
Advlsory
Sec. 12 (as amended by act No. 110, acts of 1919). An annual
board.
meeting of the employers contributing to the accident fund shall be
called b y the commissioner of insurance, to be held in the city of
Lansing, in the month of September, which may be attended by the
members in person or b y a representative. Notice of the annual meet
ing shall be made by ordinary mail, at least ten days prior to the date of
meeting. At the annual meeting so held there shall be nominated by
the members present fifteen contributing members to constitute an
an advisory board, who, when so nominated and certified to the gov
ernor, shall receive an appointment as such by the governor to serve
for the term of one year. In case of vacancy, m the advisory board, a
nomination may be made by the remaining members to the governor
for the purpose of filling said vacancy. The advisory board shall elect
one of its members chairman, and said board shall also elect four other
members who, together with the chairman, shall constitute an executive
committee, and said executive committee shall meet quarterly on
the call of the chairman at the city of Lansing.
Duties.
Sec. 13 (added by act No. 206, acts of 1917). The advisory board
shall advise with the commissioner of insurance as to the means and
methods of administering the affairs of the said accident fund, not
inconsistent with the provisions of this act.
Part V I.
MISCELLANEOUS PROVISIONS.

Acceptance of S ection 1. If the employee, or his dependents, in case of his death,
benefits.
Gf any employer subject to the provisions of this act, files any claim

with, or accepts any payment from such employer, or any insurance
company carrying such risks, or from the commissioner of insurance on

TEXT OF LAWS— MICHIGAN.

605

account of personal injury, or makes any agreement, or submits any
question to arbitration under this act, such action shall constitute a
release to such employer of all claims or demands at law, if any, arising
from such injury.
Sec. 2. If the provisions of this act relating to compensation for in- 5^Pfeflsi. in~
juries to or death of workmen shall be repealed or adjudged invalid or
etc*
unconstitutional, the period intervening between the occurrence of an
injury or death and such repeal, or the final adjudication of invalidity,
shall not be computed as a part of the time limited by law for the com
mencement of any action relating to such injury or death, but the
amount of any compensation which may have been paid for any such
injury shall be deducted from any judgment for damages recovered on
account of such injury.
Sec. 3. This act shall not affect any cause of action existing or pend- Prior causes,
ing before it went into effect.
Sec. 4. The provisions of this act shall apply to employers and work- interstate commen engaged in intrastate commerce, and also to those engaged in inter- mercestate or foreign commerce, for whom a rule of liability or method of
compensation has been or may be established by the Congress of the
United States, only to the extent that their mutual connection with
intrastate work may and shall be clearly separable and distinguishable
from interstate or foreign commerce, except that any such employer
and any of his workmen working only in this State, may, subject to the
approval of the industrial accident board, and so far as not forbidden by
any act of Congress, voluntarily accept and become bound by the pro
visions of this act in like manner and with the same force and effect in
all respects as is hereinbefore provided for other employers and their
workmen.
Sec. 5. [Repealer.]
Sec. 6. The legislature intends that part five of this act shall be Part 5 separate,
deemed separate from the other parts thereof, so that if said part five
should fail or be adjudged invalid or unconstitutional it shall in no
way affect any other part of this act.
Sec. 7. [Repealed.]
Approved March 20, 1912.
ACTS OF 1913.
A ct No. 388.— Compensation of workmen for injuries—Insurance o f

State employees.
Section 1. On and after the passage of this act no officer or agent of Limitation of
this State * * * shall pay out any public moneys or funds on lnsurance*
account of any insurance * * * against any liability arising or
that may arise under the provisions of act number ten of the first special
session of nineteen hundred twelve [workmen’s compensation bill],
except in a manner hereinafter provided.
Sec. 6. Upon July first, nineteen hundred thirteen, and annually at^ su/ anvebi]>y
thereafter the commissioner of insurance shall determine the pre- to employees. 1 y
mium or assessment necessary to pay the compensation accruing
under act number ten of the first special session of nineteen hundred
twelve to persons in the service of the State, except that such pre
mium shall not cover the medical and hospital services and medicines
as required by said act, but the cost of same shall be paid by each State
institution out of its current expense fund, and he shall then certify
the same to the auditor general, and the auditor general shall order
the State treasurer to credit to the “ accident fund” created by the
above-mentioned act the amount so certified, and the amount so
credited by the State treasurer to said accident fund shall be debited
by him to the current expense fund appropriated by the legislature
for each State institution or department, and for the purposes of this
act the State shall be entitled to all of the benefits and subject to all
of the liabilities of an individual employer who has availed himself
of the provisions of part five of said act number ten of the first special
session of nineteen hundred twelve: Provided, however, That any
credits that may be due the State under said act shall be credited to
the respective funds or accounts contributing to said accident fund.
Approved May 14, 1913.

MINNESOTA.
ACTS OF 1913.
Chapter

467.—Employers' liability— Compensation of workmen for
injuries.
Part 1.
employers ’ liability .

Section 1. When personal injury or death is caused to an employee
by accident arising out of and in the course of his employment, of
which injury the actual or lawfully imputed negligence of the employer
is the natural and proximate cause, he, or, in case of death, his personal
representative, for the exclusive benefit of the surviving spouse and
next of kiii, shall receive compensation by way of damages therefor
from his employer: Provided, The employee was himself not willfully
negligent at the time of receiving such injury; and the question of
whether the employee was willfully negligent shall be one of fact to
be submitted to the jury, subject to the usual powers of the court over
verdicts rendered contrary to the evidence, or to law.
Defenses abro- gEC 2. In all cases brought under part 1 of this act it shall not be a
g
'
defense (a) that the employee was negligent, unless and except it
shall.also appear that such negligence was willful; (b) that the injury
was caused by the negligence of a fellow employee; (c) that the em
ployee had assumed the risks inherent in, or incidental to the work,
or arising out of and in the course of his employment from the failure
of the employer to provide and maintain safe premises and suitable
appliances, which grounds of defense are hereby abolished except as
provided in section 4.
Abrogation op- gEC 3 jf the employer elects not to come under part 2 of this act,
era s,w en#
he loses the right to interpose the three defenses named in section 2 in
any action brought against him for personal injury or death of an
employee.
Defenses al~ S e c . 4. If the employer becomes subject to part 2 of this act and the
owe ,w en.
employee does not, then the employer may set up such defenses as
are available at the time of the passage of this act.
I>e at i x
by
S e c . 5. The provisions of sections 1, 2, 3, and 4 shall apply to any
wrongful act.
ciaim for the death of an employee arising under section 4503 of chapter
84, Revised Laws of Minnesota, 1905, and the acts or parts of acts
amendatory thereof, concerning death by wrongful act.
Burden of
g EC g jn all actions at law brought pursuant to part 1 of this act,
pro° •
the burden of proof to establish willful negligence of the injured em
ployee shall be upon the defendant.
Lien for fees.
SEc. 7. No claim for legal services or disbursements pertaining to
any demand made or suit 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 respect, unless the same be approved
in writing by the judge presiding at the trial, or in case of settlement
without trial, by a judge of the district court: Provided, That if notice
in writing be given the defendant of such claims for legal services or
disbursements, the same shall be a lien against the amount paid as
compensation, subject to determination of the amount and approval
hereinbefore provided. All sums allowed as liens against such comensation or paid for legal, medical, and hospital services and other
isbursements, shall be reported by the employee to the labor com
missioner with terms of settlement as provided in section 24 of this act.
Damages.

606

TEXT OF LAWS— MINNESOTA.

607

P art 2.
ELECTIVE COMPENSATION.

S ection 8 (as amended by chapter 193, acts of 1915). This act shall Employments
not be construed or held to apply to any common carrier by steam exemp*
railroad, domestic servants, farm laborers, or persons whose employ
ment at the time of the injury is casual, and not in the usual course of
the trade, business, profession or occupation of his employer.
Sec. 9. If both employer and employee shall, by agreement, express Compensation
or implied, or otherwise, as herein provided, become subject to part 2 pay
’ enof this act, compensation according to the schedules hereinafter con
tained shall be paid by every such employer, in every case of personal
injury or death of his employee, caused by accident, arising out of and
in the course of employment, without regard to the question of negli
gence, except accidents which are intentionally self-inflicted or when
the intoxication of such employee is the natural or proximate cause
of the injury, and the burden of proof of such fact shall be upon the
employer.
Sec. 10. Such agreement or the election hereinafter provided for Method exciushall be a surrejc^er by the parties thereto of their rights to any other e*
method, form, or amount of compensation or determination thereof
than as provided in part 2 of this act, and an acceptance of all the pro
visions of part 2 of tnis act, and shall bind the employee himself, and
for compensation for his death shall bind his personal representative,
the surviving spouse and next of kin, as well as the employer, and
those conducting his business during bankruptcy or insolvency, for
compensation for death or injury, as provided for b y part 2 of this act.
Sec. 11. All contracts of employment made after the taking effect of Presumption as
this act shall be presumed to have been made with reference, and sub- c
ject to the provision of part 2, unless otherwise expressly stated in the
contract, in writing, or unless written or printed notice has been given
by either party to the other, as hereinafter provided, that he does not
accept the provisions of part 2. Every employer and every employee
is presumed to have accepted and come under part 2 hereof, unless
thirty (30) days prior to accident he shall have signified his election
not to accept or be bound by the provisions of part 2. This election
not to accept part 2 shall be by notice as follows:
The employer shall post and keep posted in his shop or place of busi
ness a written or printed notice of his election not to be bound by part
2 hereof and file a duplicate thereof with the labor commissioner.
The employee shall give written or printed notice to the employer
of his election not to be bound by part 2, and file a duplicate with proof
of service attached thereto with the labor commissioner.
Sec. 12 (as amended by chapter 209, acts of 1915). Either party Termination of
may terminate his acceptance or his election not to accept of the pro- agreemen *
visions 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 proof of service attached thereto, shall be filed with the
labor commissioner and the time shall not begin to run until the notice
is so filed.
Sec. 12a (added b y chapter 209, acts of 1915). Minors who are per- Minors,
mitted to work by the laws of the State shall, for the purposes of part 2
of this act, have the same power to contract, make election of remedy,
make settlements, and receive compensation as adult employees, sub
ject, however, to the power of the court, in its discretion, at any time to
require the appointment of a guardian to make such settlement and to
receive moneys thereunder or under an award.
Sec. 13 (as amended by chapter 44, acts of extra session, 1919). Fol- Temporary dislowing is the schedule of compensation: (a) For injury producing tem- a y*
porary total disability, sixty-six and two-thirds per centum of the
wages received at the time of the injury, subject to a maximum com
pensation of fifteen ($15) dollars per week and a minimum of six and
one-half ($6.50) dollars per week: Provided, That if at the time of injury
the employee receives wages of less than six and one-half ($6.50) dollars
per week, then he shall receive the full amount of such wages per week.
This compensation shall be paid during the period of such disability,

608

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 i t e d s t a t e s .

Partial
ability.

dis-

not, however, beyond three hundred weeks, payment to be made at the
intervals when the wage was payable, as nearly as may be.
i n an cases of temporary partial disability the compensation shall
be sixty-six and two-thirds per cent of the difference between the wage
of the workman at the time of the injury, and the wage he is able to
earn in his partially disabled condition. This compensation shall be
aid during the period of such disability, not2 however, beyond three
undred weeks, payment to be made at the intervals when the wage
was payable, as nearly as may be and subject to the same maximum as
stated m clause (a).
(c) For the permanent partial disability, the compensation shall be
based upon the extent o f such disability. In cases included by the
following schedule the compensation shall be that named in the
schedule, to wit:
For the loss of a thumb, sixty-six and two-thirds per centum of daily
wages during sixty (60) weeks.
For the loss of a first finger, commonly called index finger, sixty-six
and two-thirds per centum of daily wages during thirty-five (35) weeks.
For the loss of a second finger, sixty-six and two-thirds per centum
of daily wages during thirty (30) weeks.
For the loss of a third finger, sixty-six and two-thirds per centum
of daily wages during twenty (20) weeks.
For the loss of a fourth finger, commonly called the little finger,
sixty-six and two-thirds per centum of daily wages during fifteen (15)
weeks.
The loss of the first phalange of the thumb, or of any finger, shall be
considered equal to the loss of one-half of such thumb or finger, and
compensation shall be paid at the prescribed rate during one-half the
time specified above for such thumb or finger.
The loss of more than one phalange shall be considered as the loss of
the entire finger or thumb: Provided, however, That in no case shall the
amount received for more than one finger exceed the amount provided
in this schedule for the loss of a hand.
For the loss of a great toe, sixty-six and two-thirds per centum of
daily wages during thirty (30) weeks.
For the loss of one of the toes other than a great toe, sixty-six and
two-thirds per centum of daily wages during ten (10) weeks.
The loss of the first phalange of any toe shall be considered to be equal
to the loss of one-half of such toe, and compensation shall be paid at the
prescribed rate during one-half the time specified above for such toe.
The loss of more than one phalange shall be considered as the loss of
entire toe.
For the loss of a hand, sixty-six and two-thirds per centum of daily
wages during one hundred and fifty (150) weeks.
For the loss of an arm sixty-six and two-thirds per centum of daily
wages during two hundred (200) weeks.
For the loss of an arm below the elbow, sixty-six and two-thirds
per centum of daily wages during one hundred and seventy-five
(175) weeks.
For the loss of a foot, sixty-six and two-thirds per centum of daily
wages during one hundred and twenty-five (125) weeks.
For the loss of a leg, sixty-six and two-thirds per centum of daily
wages during one hundred and seventy-five (175) weeks.
For the loss of an eye, sixty-six and two-tnirds per centuqa of daily
wages during one hundred (100) weeks.
For the complete permanent loss of hearing in both ears, sixty-six
and two-thirds per centum of daily wages during one hundred and
fifty-six (156) weeks.
For the loss of an eye and a leg, sixty-six and two-thirds per centum
of daily wages during three hundred and fifty (350) weeks.
For the loss of an eye and an arm, sixty-six and two-thirds per centum
of daily wages during three hundred and fifty (350) weeks.
For the loss of an eye and a hand, sixty-six and two-thirds per centum
of daily wages during three hundred and tw'enty-five (325) weeks.
For the loss of an eye and a foot, sixty-six and two-thirds per centum
of daily wages during three hundred (300) weeks.

Schedule.

TEXT OF LAWS--- MINNESOTA.

609

, For the. loss of two arms other than at the shoulder, sixty-six and
two-thirds per centum of daily wages during four hundred (400)
weeks.
For the loss of two hands, sixty-six and two-thirds per centum of
daily wages during four hundred (400) weeks.
For the loss of two legs, sixty-six and two-thirds per centum of daily
wages during four hundred (400) weeks.
For the loss of two feet, sixty-six and two-thirds per centum of daily
wages during four hundred (400) weeks.
For the loss of one arm and the other hand, sixty-six and two-thirds
per centum of the daily wages during four hundred (400) weeks.
For the loss of one hand and one foot, sixty-six and two-thirds per
centum of the daily wages during four hundred (400) weeks.
For the loss of one leg and the other foot, sixty-six and two-thirds
per centum of the daily wages during four hundred (400) weeks.
For the loss of one leg and one hand, sixty-six and two-thirds per
centum of the daily wages during four hundred (400) weeks.
For the loss of one arm and one foot, sixty-six and two-thirds per
centum of the daily wages during four hundred (400) weeks.
For the loss of one arm and one leg, sixty-six and two-thirds per
centum of the daily wages during four hundred (400) weeks.
Where an employee sustains concurrent injuries resulting in con- Concurrent in
current disabilities, he shall receive compensation only for the injury Juries*
which produced the longest period of disability, but this section shall
not affect liability for the concurrent loss of more than one member,
for which members compensations are provided in the specific schedule
and in subsection (e) below.
In all cases of permanent partial disability it shall be considered that Loss of use.
the permanent loss of the use of member shall be equivalent to and draw
the same compensation as the loss of that member; but the compensa
tion in and by said schedule provided, shall be in lieu of all other
compensation in such cases.
In cases of permanent partial disability due to injury to a member,
resulting in less than total loss of such member not otherwise com
pensated in this schedule, compensation shall be paid at the pre
scribed rate during that part of tne time specified in the schedule for
the total loss of the respective member, which the extent of injury to
the member bears to its total loss.
All compensations provided in clause (c) of this section for loss of
members or loss of use of members are subject to the same limitations
as to maximum and minimum as are stated in clause (a).
In all other cases of permanent partial disability not above enumer- Cases not enuated the compensation shall be sixty-six and two-thirds per centummerated*
of the difference between the wage of the workman at the time of the
injury and the wage he is able to earn in his partially disabled condition
subject to a maximum of fifteen ($15) dollars per week. Compensa
tion shall continue during disability, not, however, beyond three hun
dred (300) weeks.
( d) For permanent total disability as defined in subsection (e) below, ^[raanent tosixty-six and two-thirds per centum of the wages received at the time of
disability,
the injury, subject to a maximum compensation of fifteen ($15) dollars
per week and a minimum compensation of six and one-naif ($6.50)
dollars per week: Provided, That if at the time of injury the employee
was receiving wages of less than six and one-half ($6.50) dollars per
week, then he shall receive the full amount of his wages per week.
This compensation shall be paid during such permanent total disability
not exceeding five hundred and fifty (550) weeks; but in all such cases
drawing more compensation than six and one-half ($6.50) dollars per
week, the payments after the first four hundred (400) weeks shall be
reduced to six and one-half ($6.50) dollars per week for the remainder
for the five hundred and fifty (550) weeks, while the permanent total
disability continues; payments to be made at the intervals when the
wage was payable as nearly as may be: Provided, however, That in case
an employee who is permanently and totally disabled, becomes an
inmate of a public institution, then no compensation shall be payable
unless he has wholly dependent on him for support a person or persons
177982°—21— Bull. 272------ 39

610

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

named in subsections (1), (2), and (3), of section 14 (whose dependency
shall be determined as if tne employee were deceased); in which case
the compensation provided for in this subsection shall be paid for the
benefit of said persons so dependent during dependency, in such
institution.
(e)
The total and permanent loss of the sight of both eyes or the loss
of both arms at the shoulder, or complete and permanent paralysis,
or total and permanent loss of mental faculties, or any other injury
which totally incapacitates the employee from working at an occu
pation which brings him an income, shall constitute total disability.
Death of em- (J) In case a workman sustains an injury due to accident arising out
compensation!
°f and in the course of his employment, and during the period of dis
ability caused thereby, death results proximately therefrom, all pay
ments previously made as compensation for such injury shall be
deducted from the compensation, if any, due on account of death.
Dependents.
S ec . 14 (as amended by ch. 416, acts of 1919). 1. For the purposes
of this act the following described persons shall be conclusively pre
sumed to be wholly dependent: (a) Wife, unless it be shown that she
was voluntarily living apart from her husband at the time of his injury
or death; (b) minor children under the age of sixteen years.
( 2) Children between sixteen and eighteen years of age, or those
over eighteen, if physically or mentally incapacitated from earning,
shall, prima facie, be considered dependent.
(3) Wife, child, husband, mother, father, grandmother, grandfather,
sister, brother, mother-in-law, father-in-law, who were wholly sup
ported by the deceased workman at the time of his death and for a
reasonable period of time immediately prior thereto, shall be con
sidered his actual dependents, and payment of compensation shall be
made to them in the order named.
(3a) Any member of a class named in subdivision (3), who regularly
derived part of his support from the wages of the deceased workman at
the time of his death and for a reasonable period of time immediately
prior thereto, shall be considered his partial dependent, and payment
of compensation shall be made to such dependents in the order named.
Benefits*
(4 ) j n death cases, compensation payable to dependents shall be com
puted on the following basis and shall be paid to the persons entitled
thereto, without administration:
(5) If the deceased employee leave a widow and no dependent child,
there shall be paid to the widow, forty per centum of the monthly
wages of the deceased.
(6) If the deceased employee leave a widow and one dependent
child, there shall be paid to the widow for the benefit of herself and
such child, fifty per centum of the monthly wages of the deceased.
(7) If the. deceased employee leave a widow and either two or three
dependent children, there shall be paid to the widow for the benefit of
herself and such children, sixty per centum of the monthly wages of
the deceased.
( 8) If the deceased employee leave a widow and four or more depend
ent children, there shall be paid to the widow for the benefit of herself
and such children sixty-six and two-thirds per centum of the monthly
wages of the deceased.
( 8a) In all cases where compensation is payable to the widow for the
benefit of herself and dependent child or children, the court shall have
power to determine in its discretion what portion of the compensation
shall be applied for the benefit of any such child or children and may
order the same paid to a guardian.
(9) In the case of remarriage of a widow without children, she shall
receive a lump-sum settlement equal to one-half of the amount of the
compensation remaining unpaid. This sum shall be paid to her within
sixty (60) days after written notice to the employer of such remar
riage. In case of remarriage of a widow who has dependent children,
the unpaid balance of compensation which would otherwise become
due to her, shall be paid to such children.
( 10) If the deceased employee leave a dependent orphan, there
shall be paid forty-five per centum of the monthly wages of deceased,
with ten per centum additional for each additional orphan with a
maximum of sixty-six and two-thirds per centum of such wages.

TEXT OF LAWS— MINNESOTA,

611)

(11) If the deceased employee leave a dependent husband and no
dependent child, there shall be paid to the husband thirty per centum
of the monthly wages of deceased.
( 12) If the deceased employee leave no widow or child or husband
entitled to any payment hereunder, but should leave a parent or par
ents, either or both of whom are wholly dependent on the deceased,
there shall be paid, if only one parent, thirty-five per centum of the
monthly wages of the deceased, and if both parents, forty-five per
centum of the monthly wages of the deceased to such parent or parents.
(13) If the deceased leave no widow or dependent child or husband,
or parent entitled to any payment hereunder, but leaves a grandparent,
brother, sister, mother-in-law, or father-in-law wholly dependent on
him for support, there shall be paid to such dependent, if but one,
thirty per centum of the monthly wages of deceased, or if more than
one, thirty-five per centum of the monthly wages of the deceased, di
vided between or among them, share and share alike.
(14) If compensation is being paid under part 2 of this act to any
dependent, such compensation shall cease upon the death or marriage
of such dependent, unless otherwise provided herein.
(15) Partial dependents shall be entitled to receive only that pro- Partial dependportion of the benefits provided for actual dependents which the
*
average amount of wages regularly contributed by the deceased to such
partial dependent at, and for a reasonable time immediately prior to
the injury, bore to the total income of the dependent during the same
time.
(16) In all cases where death results to an employee caused by acci- Buri al ex
dent arising out of and in the course of employment, the employer shall Penses*
pay, in addition to the medical and hospital expenses provided for in
section 18, the expense of last sickness and burial, not exceeding in
amount one hundred ($100) dollars, except, in cases where an insurer
of the deceased or a benefit association is liable therefor, or for a part
thereof; in which case the employer shall not be required to pay any
part of such expense, for which such insurer or a benefit association is
liable, unless such nonpayment by the employer would diminish the
benefits received by the dependents of the deceased from any such in
surer or a benefit association. In case any dispute arises as to the
reasonable value of the services rendered in connection with the last
sickness and burial, the same shall be approved by the court before
payment, after such reasonable notice to interested parties as the court
shall require. If the deceased leave no dependents, no compensation
shall be payable except as provided by this subsection.
(17) The compensation payable in case of death to persons wholly . M a x i m u m
dependent shall be subject to a maximum compensation of fifteen ($15)
dollars per week and a minimum of six and one-half ($6.50) dollars per
week: Provided, That if at the time of injury the employee receives wages
of less than six and one-half ($6.50) dollars per week, then the compen
sation shall be the full amount of such wages per week. The compen
sation payable to partial dependents shall be subject to a maximum of
fifteen ($15) dollars per week and a minimum of six and one-half ($6.50)
dollars per week: Provided, That if the income loss of the said partial
dependents by such death is less than six and one-half ($6.50) dollars
per week, then the dependents shall receive the full amount of their
income loss. This compensation shall be paid during dependency,
not exceeding three hundred (300) weeks, payments to be made at the
intervals when the wage was payable as nearly as may be.
(18) In computing and paying compensation to orphans or other Children,
children, in all cases, only those under eighteen years of age, or those
over eighteen years of age who are physically or mentally incapaci
tated from earning, shall be included, the former to receive compen
sation only during the time they are under eighteen, the latter only
for the time they are so incapacitated, within the period of three hun
dred (300) weeks.
(19) Actual dependents shall be entitled to take compensation in Rank,
the order named in subsection (3) above, until fifty-five per centum
of the monthly wages of the deceased during the time specified in sub
section (17) shall have been exhausted; but the total compensation to
be paid to all actual dependents of a deceased employee, shall not ex
ceed in the aggregate fifteen ($15) dollars per week.

612

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

s ec. 15 (as amended by ch. 358, acts of 1919). If an employee re
ceive an injury, which of itself would 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 disability caused by the subsequent injury:
Provided, however, That in addition to compensation for such per
manent partial disability and after the cessation of the payments for
the prescribed period of weeks, the employee shall be paid by the
State the remainder of the compensation that would be due for per
manent total disability, out of a special fund created for such pur
pose in the following manner:
Every employer shall pay to the State treasurer for every case of in
jury occurring in his employ and causing death in which there are no
persons entitled to compensation the sum of one hundred dollars ($100).
The State treasurer shall be the custodian of this special fund, and the
court having jurisdiction over the compensation settlement shall direct
the distribution thereof, the same to be paid as other payments of com
pensation are paid.
Joint employ- S ec. 16. In case any employee for whose injury or death compensaerstion is payable under part 2 of this act shall, at the time of the injury,
be employed and paid jointly by two or more employers subject to this
act, such employers shall contribute the payment of such compensa
tion in the proportion of their several wage liability to such employee.
If one or more but not all of such employers should be subject to part 2
of this act, and otherwise, subject to liability for compensation here
under, then the liability of such of them as are so subject shall be to
pay the proportion of the entire compensation which their proportion
ate wage liability bears to the entire wages of the employee: Provided,
however, That nothing in this section shall prevent any arrangement
between such employers for a different distribution as between them
selves of the ultimate burden of such compensation.
Waiting time.
Sec. 17 (as amended by ch. 302, acts of 1917). In cases of tem
porary total or temporary partial disability no compensation shall be
allowed for the first week after the injury was received, except as pro
vided by section 18, nor in any case unless the employer has actual
knowledge of the injury or is notified thereof within the period specified
in section 19.
Medical, etc.,
S ec . 18 (as amended by ch. 354, acts of 1919). Such medical, surgical,
and hospital treatment, including nursing, medicines, medical and
surgical supplies, crutches and apparatus including artificial mem
bers, as may reasonably be required at the time of the injury, and
during the disability for not exceeding ninety days and not exceeding
one hundred dollars ($100) in value, to cure and relieve from the effects
of the injury: Provided, however, That upon request by the employee
made during or after said period of ninety (90) days and necessity
being shown therefor, the court may require the above treatment,
articles, and supplies for the cure and relief from the effects of such
injury for such further time and amount as is just under the facts shown.
The above treatment, articles, and supplies shall be provided by the
employer, and in case of his inability or refusal seasonably to do so, the
employer shall be liable for the reasonable expense incurred by or on
behalf of the employee in providing the same.
The pecuniary liability of the employer for the treatment, articles,
and supplies herein required shall be limited to such charges therefor
as prevail in the same community for similar treatment, articles, and
supplies furnished to injured persons of a like standard of living, when
the same are paid for by the injured persons; and in all cases of dispute
as to the value of the treatment, articles, and [or] supplies furnished to
or for an injured employee, either party may require that the same,
before payment, shall be approved by the court, upon such reasonable
notice to interested parties as the court shall require.
Notice of accis EC. 19. Unless the employer shall have actual knowledge of the
occurrence of the injury, or unless the injured workman, or a dependent,
or some one in behalf of either, shall give notice thereof to the employer
in writing within fourteen (14) days after.the occurrence of the injury,
then no compensation shall be due until such notice is given or knowl
edge obtained. If the notice is given or the knowledge obtained within
Secondinjuries.

TEXT OF LAWS— MINNESOTA.

613

thirty (30) days from the occurrence of the injury, no want, failure, or
inaccuracy of a notice shall be a bar to obtaining compensation, unless
the employer shall show that he was prejudiced by such want, defect, or
inaccuracy, and then only to the extent of such prejudice. If the
notice is given or the knowledge obtained within ninety (90) days,
and if the employee, or other beneficiary, Bhall show that his failure to
give prior notice was due to his mistake, inadvertence, ignorance of
fact or law, or inability, or to the fraud, misrepresentation, or deceit of
the employer or his agent, then compensation may be allowed, unless
the employer shall show that he was prejudiced by failure to receive
such notice, in which case the amount of compensation shall be re
duced by such sum as shall fairly represent the prejudice shown. .
Unless knowledge be obtained or notice given within ninety (90) days
after the occurrence of the injury, no compensation shall be allowed.
Sec. 20. The notice referred to in sec. 19 may be served personally Service,
upon the employer, or upon any agent of the employer upon whom a
summons may be served in a civil action, or by sending it by registered
mail to the employer at the last known residence or business place
thereof within the State, and shall be substantially in the following
form:
NOTICE.

“ You are hereby notified that an injury was received by (name)
-------------------- who was in your employ at (place)--------, while engaged
as (kind of work)---------on or about the — day o f ------ 19— and who is
now located at (give town, street, and number)---------, that so far as
now known the nature of the injury was---------and that compensation
may be claimed therefor.
(Signed)------------------- .

Form.

(Giving address.)

Dated --------- , 19— . ”
But no variation from this form shall be material if the notice is suf
ficient to advise the employer that a certain employee, by name, re
ceived a specified injury in the course of his employment on or about
a specified time, at or near a certain place specified.
Sec. 20a (as amended by ch. 363, acts of 1919). The time within Limitations,
which the following acts shall be performed under part 2 of this act
shall be limited to the following periods, respectively:
(1) Actions or proceedings by an injured employee to determine or
recover compensation, one year after the employer has made written
report of the injury to the commissioner of labor of the State.
( 2 ) Actions or proceedings by dependents to determine or recover
compensation one year after the receipt by the department of labor
and industries of the State of notice in writing given by the employer
stating his willingness to pay compensation when it is shown that the
death is one for which compensation is payable: Provided, That in any
such case, if a dependent of the deceased, or anyone in his behalf, shall
give notice of such death to the department of labor and industries,
said department shall forthwith notify in writing the employer of the
time and place of such death. In case the deceased was a native of a
foreign country, and leaves no known dependent or dependents with
in the United States, it shall be the duty of the department of labor to
give written notice of said death to the consul or other representative
of said foreign country forthwith.
(3) Proceedings to obtain judgment in case of default of employer
for thirty (30) days to pay any compensation due under any settle
ment or determination; one year after such default.
(4) In case of physical or mental incapacity, other than minority,
of the injured person or his dependents to perform or cause to be per
formed any act required within the time in this section specified, the
eriod of limitation in any such case shall be extended for one year
■om the date when such incapacity ceases.
S ec . 21 (as amended by ch. 209, acts of 1915). The injured Medical examiemployee must submit himself to examination by employer’s phy- nations,
sician, if requested by the employer, and at reasonable times there
after upon employer’s request. The employee shall be entitled upon

614

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

request to have his own physician present at any such examination.
Each party shall defray the cost of his own physician.
(2) In case of dispute as to the injury, the court may, of its own
motion, or upon request of any interested party, appoint a neutral phy
sician of good standing and ability to make an examination of the in
jured person, and report his findings to the court. The expense of
such examination shall be borne by the said parties.
(3 ) If the injured employee refuses to comply with any reasonable
request for examination, his right to compensation shall be suspended,
and no compensation shall be paid while he continues in such refusal.
(4) In all death claims where the cause of death is obscure or dis
puted, any interested party may require an autopsy; the cost of such
autopsy shall be borne by the party demanding the same.
(5) Any physician whose services are furnished or paid for by the
employer who treats, or who makes or is present at any examination,
of an injured employee, may be required to testify as to any knowledge
acquired by him in the course of such treatment or examination, rela
tive to the injury or the disability resulting therefrom.
Sec . 22 (as amended by ch. 209, acts of 1915).
Settlements.
(1) The interested parties shall have the right to settle all matters of
compensation between themselves. But all settlements shall be sub
stantially in accordance with the provisions of sections 13 and 14 of
this act, and shall be approved by a judge of the district court. When
so approved such settlements shall be filed with the clerk of the dis
trict court, and in case of default by the employer in the payment of
any compensation determined or agreed upon and the continuation of
such default for the period of thirty (30) days after payment is due and
payable, the employee may upon five (5) days’ notice in writing to the
employer of his intention to apply to the court for judgment, cause
judgment to be entered on such settlement or determination for all
compensation due and payable and unpaid; and such judgment shall
have the same force and effect, and may be satisfied as other judg
ments of the same court. There shall be but one fee of twenty-five
cents (25c.) charged by said clerk for services in each case under this
subsection, and said fee shall cover all services performed by him.
Reference to
(2) In case of a dispute over, or failure to agree upon, a claim for
courts.
compensation between employer and employee, or the dependents of
the employee, either party may submit the claim, both as to questions
of fact, the nature and effect of the injuries, and the amount of compen
sation therefor according to the schedule herein provided, to the judge
of the district court of the county which would have jurisdiction in a
civil case, or, where there is more than one judge of said court, then to
either or any of said judges of such court; which judge is hereby author
ized to hear and determine such disputes in a summary manner, and
his decision as to all questions of fact shall be conclusive and binding,
subject to the right or appeal as hereinafter provided.
Nonresident
S ec . 23 (as amended by ch. 209, acts of 1915). In case a de
aliens.
ceased employee, for whose injury or death compensation is payable,
leaves surviving him an alien dependent or dependents residing out
side of the United States, the said judge shall direct payment of all
compensation due to the deceased or to his dependents to be made
to the duly accredited consular officer of the country of which the bene
ficiaries are citizens, if such consular officer reside within the State of
Minnesota, or, if not, to his designated representative residing within
the State, and such consular officer or his representative shall be the
sole representative of such deceased employee and of such dependents
to settle all claims for compensation and to receive for distribution
to the persons entitled thereto all compensation arising hereunder,
the distribution of said funds to be made only on order of the district
court. Such consular officer or his representative shall furnish, if
required by the district court, a good and sufficient bond, satisfactory
to the court, conditioned upon the proper application of the moneys
received by him. Before such bond is discharged, such consular
officer or representative shall file with the court a verified account of
the items of his receipts and disbursements of such compensation.
Such consular officer or his representative shall, before receiving the
first payment of such compensation, and at reasonable times thereafter

TEXT OF LAWS— MINNESOTA.

615

upon request of the employer, furnish to the employer a sworn state
ment containing a liBt of the dependents, with the name, age, resi
dence, extent of dependency, and relationship to the deceased of
each dependent.
Sec. 24. Copies of all settlements and releases shall be filed by the Records of setemployer with the labor commissioner within ten (10) days after such tlements.
settlements are made, and shall become part of the permanent records
of that department.
S ec . 24a (as amended by ch. 209, acts of 1915). The commissioner Duty of comof labor and the officers and employees of the department of labor and m i s s i o n er of
industries, upon demand of an employer or an employee or his depend-labor*
ent, shall advise such party or parties of his or their rights under this act,
and shall assist so far as possible in adjusting differences between the
employee or his dependent and the employer under part 2 hereof, and
are hereby empowered to appear in person before the court in any pro
ceeding under part 2 of this act as the representative or adviser of any
such party; and in any such case such party shall not be required to be
also represented by an attorney at law. The commissioner of labor
shall observe in detail the operation of the act throughout the State
and shall make report thereof to each session of the legislature, together
with such suggestions and recommendations as to changes as he may
deem necessary or advisable for the improvement thereof.
Sec. 25 (as amended by ch. 209, Acts of 1915). The amounts of com- Lumpsums,
pensation payable periodically hereunder, either by agreement of the
parties, so approved by the court, or by decision of the court, may be
commuted to one or more lump-sum payments, except compensation
due for death or permanent total disability, or for permanent partial dis
ability, or for permanent partial disability resulting from total loss of *
hearing or from the loss of .an arm or a hand or a foot or a leg or an eye
or of more than one such member. These may be commuted only
with the consent of the district court. 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 of compensation calcu
lated on a six per cent basis.
S ec . 26. All settlements of compensation by agreement of the parties
settleand all awards of compensation made by the court, where the amount ments fina •
paid or to be paid in settlement or by award does not exceed the com
pensation for six months ’ disability, shall be final and not subject to
readjustment.
S ec . 27. All amounts paid by employer and received by the em- Reviews,
ployees or his dependants, by lump-sum payment, shall be final; but
the amount of any award payable periodically for more than six ( 6)
months may be modified as follows:
(a) At any time by agreement of the parties and approved by the
court.
(b) If the parties can not agree, then at any time after six ( 6) months
from the date of the award an application may be made to the court by
either party on the ground of increase or decrease of incapacity due
solely, to the injury. In such case the same procedure shall be
followed as in section 30 in case of disputed claim for compensation.
S ec . 28. At any time after the amount of any award has been agreed Payments to
upon by the parties, or found and ordered by the court, a sum equaltrustees*
to the present value of all future installments of compensation cal
culated on a six per cent basis, may (where death or the nature of the
injury renders the amount of future payments certain) by leave of court,
be paid by the employer to any savings bank or trust company of this
State to be approved and designated by the court, and such sum, together
with all interest thereon, shall, thereafter be held in trust for the em
ployee or the dependents of the employee, who shall have no further
recourse against the employer. The payment of such sum by the em
ployer, evidenced by the receipts in duplicate of the trustee, one of
which shall be filed with the labor commissioner, and the other filed
•with the clerk of the district court, shall operate as a satisfaction of said
award as to the employer. Payments from said fund shall be made by
the trustee in the same amounts and at the same time as are herein re
quired of the employer until said fund and interest shall be exhausted.
In the appointment of the trustee, preference shall be given, in the

616

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

discretion of the court, to the choice of the injured employee or the
dependents of the deceased employee, as the case may be.
Preferences.
Sec * 29. The right to compensation and all compensation awarded
any injured employee or for death claims to his dependents, shall have
the same preference against the assets of the employer as other unpaid
wages for labor; but such compensation shall not become a lien on the
property of third persons by reason of such preference. Claims for
compensation owned by an injured employee or his dependents, shall
not be assignable and shall be exempt from seizure or sale for the pay
ment of any debt or liability.
Disputes.
Sec . 30 (as amended by ch. 209, acts of 1915). Procedure in
case of dispute shall be as follows: Either party may present a verified
complaint to said judge setting forth the names and residences of the
parties and the facts relating to employment at the time of injury,
the injury in its extent and character, the amount of wages being re
ceived at the time of injury, the knowledge of the employer or notice
of the occurrence of said injury, and such other facts as may be neoessary and proper for the information of the said judge, and shall state
the matter or matters in dispute and the contention of the petitioner
with reference thereto.
Upon the presentation of such complaint it shall be filed with the
clerk of the district court of the proper county, and the judge shall fix
by order a time and place for the hearing thereof, not less than three
( 3) weeks after the date of the filing of said complaint. A copy of said
complaint and order shall be served as summons in a civil action upon
the adverse party within four (4) days after the filing the complaint.
Within seven (7) days after the service of such complaint, the adverse
party may file and serve a verified answer to said complaint, which
shall admit or deny the substantial averments of the complaints, and
shall state the contention of the defendant with reference to the matter
in dispute as disclosed by the complaint. Within five (5) days after
the service of the answer the complainant may file and serve a verified
reply admitting or denying the matters set forth in the answer.
At the time fixed for hearing, or any adjournment thereof, the said
judge shall hear such witnesses as may be presented by each party,
and in a summary manner decide the merits of the controversy. This
determination shall be filed in writing with the clerk of the said court,
and judgment shall be entered thereon in the same manner as in causes
tried in the said district court, and shall contain a statement of facts
as determined by said judge. Subsequent proceedings thereon shall
only be for the recovery of moneys thereby determined to be due:
Provided, That nothing herein contained shall be construed as limiting
the jurisdiction of the supreme court to review questions of law by
certiorari. Costs may be awarded by said judge in his discretion,
and when so awarded the same costs shall be allowed, taxed and col
lected for like services and proceedings in civil cases: Provided, That
if it shall appear that the employer, prior to the commencement of
the action, made to the person or persons entitled thereto a written
offer of compensation in specific terms, which terms were in accordance
with the provisions of this act, then no costs shall be awarded or taxed
against such employer. Whenever any decision or order is made and
filed by the judge upon any matter arising under part 2 of this act, the
clerk of the court shall forthwith make and forward to the commis
sioner of labor a certified copy of such decision or order with any memo
randum of the judge and of anyjudgment entered. No fee or other
charge shall be collected therefor.
Prior injuries.
S e c . 31. Every right of action for death, by wrongful act or for injury
by negligence, accruing to an injured employee prior to the taking
effect of this act is continued and preserved under the existing law.
Insurance of Sec. 31a (as ameiid^cLby ch. 209, acts of 1915). Any employer who
rlsks*
is responsible for compensation as provided under part 2 of this act may
insure the risk in any manner then authorized by law. But those
writing such insurance shall in every case be subject to the conditions
in this section hereinafter named.
If the risk of the employer is carried by any insurer doing business
for profit, or by any insurance association or corporation formed of
employers, or of employers and workmen, to insure the risks under

TEXT OF LAWS— MINNESOTA.

617

part 2 of tills act, operating by the mutual assessment or other plan or
otherwise, then, in so far as policies are issued on such risks, they shall
rovide for compensation for injuries or death according to the full
enefits of part 2 of this act; but nothing herein contained shall pre
vent an employer from insuring only a particular class or classes of
employees or of risks.
Such policies shall contain a clause to the effect that, as between the
workman and the insurer, that notice to and knowledge by the employer
of the occurrence of the injury shall be deemed notice and knowledge
on the part of the insurer; that jurisdiction of the employer for arbi
tration or other purposes shall be jurisdiction of the insurer; 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- Provisions of
table lien upon any amount which shall become owing on account of po
such policy to the employer from the insurer, and in case of the legal
incapacity or inability of the employer to receive the said amount and
pay it over to the workman or dependents, the said insurer will pay
the same direct to said workmen or dependents, thereby discharging
all obligations under the policy to the employer and all of tne obligations
of the employer and insurer to the workman; but such policies shall
contain no provisions 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 compensation
remains owing.
The insurer must be one authorized by law to conduct such business Insurance carin the State of Minnesota, and authority is hereby granted to all insurs*
ance companies writing such insurance to include in their policies, in
addition to the requirements now provided by law, the additional
requirements, terms, and conditions m this section provided
No agreement by an employee to pay to an employer any portion of Burden of cost,
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 risks
covered by part 2 of tnis act in conjunction with other and greater
risks and providing other and greater benefits, such as additional
compensation, accident, sickness, or old-age insurance or benefits, and
the fact that such plan involves a contribution by the workman shall
not prevent its validity if such plan has been approved in writing by
the commissioner of labor. Any employer who shall make any charge
or deduction prohibited by this section shall be guilty of a misdemeanor.
If the employer shall insure to his employees the payment of the com- Direct liability,
pensation provided by part 2 of this act, in a corporation 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 em
ployer shall post a notice or notices in a conspicuous place or in con
spicuous plates about his place of employment, stating that he is so in
sured and stating by whom insured, and if the employer shall further
file copy of such notice with the labor commissioner of the State of
Minnesota, then and in such case any suits or actions brought by an
injured employee or his dependents shall be brought directly against
tbe insurer, and the employer or insured shall be released from any fur
ther liability: Provided, That in case of insolvency or bankruptcy of
such insurance company the employer shall not be released from lia
bility under the provisions of this act.
The return o f any execution upon any judgment of an employee
against any such insurance company unsatisfied in whole or in part, shall
be conclusive evidence of the insolvency of such 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 employee against the employer in the first in
stance or against such employer and insurance company jointly or sev
erally or in any pending proceeding against any insurance company,
the employer may be joined at any time after such adjudication.
S ec . 32. (1) Any person who creates or carries into operation any sponsibilfty as
fraudulent scheme, artifice, or device to enable him to execute work employer,
without himself being responsible to the workman for the provisions of
act, shall himself be included in the term “ employer,” and be subject

618

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.
to all the liabilities of employers under this act. But this section shall
not be construed to cover or mean an owner who lets a contract to a con
tractor in good faith, nor a contractor who, in good faith, lets to a con
tractor a portion of his contract: Provided, however, That no person shall
be deemed a contractor or subcontractor, so as to make him liable to pay
compensation within the meaning of this section, who performs his
work upon the employers’ premises and with the employers’ tools or ap
pliances and under the employers’ direction; nor one who does what is
commonly known as “ piecework,” or in any way where the system of
employment used merely provides a method of fixing the workman’s

Basis of com(2) Where compensation is claimed from, or proceedings taken against,
pensation.
a person under subdivision 1 of this section, the compensation shall be

calculated with reference to the wage the workman was receiving from
the person by whom he was immediately employed at the time of the
injury.
in ju r ie s by
(3) The employer shall not be liable or required to pay compensation
third parties.
for injuries due to the acts or omissions of third persons not at the time
in the service of the employer, nor engaged in the work in which the
injury occurs, except as provided in section 33 or under the conditions
set forth in section 34 (i).
Alternative
S ec . 33 (as amended by ch. 356, acts of 1919). (1) Where a*i injury
proceedings.
or death for which compensation is payable under part 2 of this
act is caused under circumstances.also creating a legal liability for dam
ages on the part of any party other than the employer, such party also
being subject to the provisions of part 2 of this act, the employee in case
of 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.
If the employee in case of injury, or his dependents in case of death,
shall bring an action for the recovery of damages against such party
other than the employer, the amount thereof, manner in which and
the persons to whom the same are payable, shall be as provided for in
part 2 of this act, and not otherwise: Provided, That m 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.
Subrogation of
If the employee or his dependents shall elect to receive compensation
employer.
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 aggre
gate amount of compensation payable by him to such employee or
his dependents hereunder, together with the costs and disbursements
of such action and reasonable attorney’s fees expended by him
therein.
Suits against
(2) That where the injury or death for which compensation is
third persons.
payable under part 2 of this act was caused under circumstances also
creating a legal liability for damages on the part of any party other
than the employer, such party not being subject to the provisions of
part 2 of this act, legal proceedings may be taken by the employee
or dependents against such other party to recover damages, not
withstanding the payment by the employer, or his liability to pay
compensation hereunder. But in such case, iP the action against
such other party is brought by the injured employee or in case of his
death by his dependents, and judgment is obtained and paid, or set
tlement is made with such other party, either with or without suit,
the employer shall be entitled to deduct from the compensation pay
able by him, the amount actually received by such employee or de
pendents after deducting costs, reasonable attorney’s fees, and rea
sonable expenses incurred by such employee or dependents in making
such collection or enforcing such liability: Provided, That if the in
jured employee or in case of his death his dependents shall agree to
receive compensation 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 dependents and may maintain, or in

TEXT OF LAWS— MINNESOTA.

619

case ail action has already been instituted, may continue the action
either in the name of the employee or dependents, or in his own name
against such other party for the recovery of damages; but such em
ployer shall nevertheless pay over to the injured employee or depend
ents all sums collected from such other party by judgment or other
wise in excess of the amount of such compensation payable by the
employer under part 2 of this act, and costs, reasonable attorney’s
fees, and reasonable expenses incurred by such employer in making
such collection or enforcing such liability: Provided, That in no case
shall such party be liable to any person other than the employee or
his dependents for any damages growing out of or resulting from such
injury or death.
Sec. 34 (as amended by ch. 439, acts of 1919). Throughout this act Definitions.
the following words and phrases as used therein shall be considered
to have the following meaning, respectively, unless the context shall
clearly indicate a different meaning in the connection used:
(а) The word “ compensation ” has been used both in part 1 and part 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 imder part Lof this act is damages, and
this is indicated in section 1. To avoid confusion, the word “ com
pensation” has been used in both parts of the act, but it should be
understood that under part 1 the compensation by way of damages is
determined by an action at law.
(б) “ Child” or “ children” shall include posthumous children and
all other children entitled by law to inherit as children of the deceased,
also stepchildren who were members of the family of the deceased at
the time of his injury and dependent upon him for support.
(c) A dependent child or orphan shall be considered to mean an
unmarried child under the age of eighteen years or one over that age
who is physically or mentally incapacitated from earning.
(d) The term ^‘ employer” as used herein shall mean every person
not excluded by section 8, who employs another to perform a serv
ice for hire, and to whom the “ employer” directly pays wages, and
shall include any person or corporation, copartnership or association
or group thereof, and shall include county, village, town, city school
district, and other public employers, except the State.
(e) The term “ physician” shall include “ surgeon,” and in either
case shall mean one authorized by law to practice his profession
within one of the United States and in good standing in his profession
at the time.
(/) The term “ workman” shall include the plural and all ages and
both sexes.
(g) The terms ‘ ‘ employee ” and1‘ workman ” are used interchangeably
and have the same meaning throughout this act, and shall be con
strued to mean:
(1) Every person in the service of a county, city, town, village or
school district therein, under any appointment or contract of hire,
express or implied, oral or written; but shall not include any official
of any county, city, town, village, or school district therein, who shall
have been elected or appointed for a regular term of office, or to com
plete the unexpired portion of any regular term, nor shall it include
any employee of a city, operating under a home rule charter for whom a
mode and manner of compensation is provided in said charter which is
different from that provided by chapter 467, Laws of 1913, as amended.
(2) Every person not excluded by section 8 (8202), in service of
another under any contract of hire, express or implied, oral or written,
including aliens and also including minors who are legally permitted to
work under the laws of the State, who for the purpose of making elec
tion of remedy under this act shall be construed the same, and have the
same power of contracting and electing as adult employees.
(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 the physical structure of the body.

620

w o r k m e n ’s

COMPENSATION LAWS OF THE UNITED STATES.

(i)
Without otherwise affecting either the meaning or interpretation
of the abridged clause, ‘‘ personal injuries arising out of and in the course
of employment,” it is hereby declared not to cover workmen except
while engaged in, on, or about the premises where their services are be
ing performed, or where their service requires their presence as a part
of such service at the time of the injury, and during the hours of service
as such workmen, arid shall not include an injury caused by the act of
a third person or fellow employee intended to injure the employee be
cause of reasons personal to him, and not directed against him as an
employee or because of his employment.
(j) Wherever in this act the singular is used, the plural shall be in
cluded; where the masculine gender is used, the feminine and neuter
shall be included.
(h)
Amputations between the elbow and the wrist shall be considered
as the equivalent of the loss of a hand, and amputation between the
knee and the ankle shall be considered as the equivalent of the loss of
a foot.
(I) The labor commissioner, referred to in this act, shall denote the
commissioner of labor of the State of Minnesota.
(m) “ The court,” as used herein, shall mean the district court which
would have jurisdiction in an ordinary civil case involving a claim for
the injuries or death in question, and “ the judge” shall mean a judge
of said court.
Questions
of
(n) i n case for any reason any paragraph or any provision of this act
constitutionality. g^all foe questioned m any court of last resort and shall be held by such
court to be unconstitutional or invalid, the same shall not be held to
affect any other paragraph or provision of this act, except that parts 1
and 2 are hereby declared to be inseparable, and if either part be de
clared void or inoperative in an essential part, so that the whole of such
art must fall, the other part shall fall with it and not stand alone,
art 1 of this act shall not apply in cases where part 2 becomes operative
in accordance with the provisions thereof, but shall apply in all other
cases, and in such cases shall be in extension or modification of the com
mon law.
Approved April 24, 1913.

ACTS OF 1919.
Chapter 359.—Reports o f accidents.

Reports
quired.

S e c t io n 1 . Chapter 416 of the General Laws of 1913, the same being
sections 3892, 3893, 3894 and 3895 of the General Statutes of 1913, is
hereby amended to read as follows:
re- S e c . 3892. It is hereby made the duty of every employer of labor,
engaged in industrial pursuits, to make or cause to be made, report of any
accident to an employee, which occurs in the course of his or her employ
ment and which causes death or serious injury, within forty-eight hours
of the occurrence of such injury and of all other accidents which occur
to any of its, his or their employees within the scope of their employ
ment, and of which the employer or his foreman has knowledge, within
fourteen days after the occurrence of such accident: Provided, That such
injuries are sufficient to wholly or partially incapacitate the person in
jured from labor or service for more than the remainder of the day, shift
or turn on which the injury was incurred, which report shall be made in
writing to the commissioner of labor of the State, giving:
(a) Name, age, sex, and occupation of injured person.
(b) Date on which accident occurred and hour of day.
(c) Whether person injured could speak English.
(d) Occupation of employer.
(e) The cause of injury.
(/) The nature and extent of the injury and the probable length of
disability.
Cq) The name and address of the attending surgeon.
(h) Wages injured person was earning.

TEXT OF LAWS--- MINNESOTA.

621

(i)
Length of time in service of employer and length of time at em
ployment M which injured.
'
(j) Dependents or nearest relative, in fatal cases if known.
Provided, That accidents required to be reported within forty-eight
hours may be reported by telegram, telephone, or personal notice.
The written report of such accident shall then be made within fourteen
days or at such time as the commissioner of labor shall designate.
The commissioner of labor may require such supplementary reports
on any accident as he deems necessary for the securing of the informa
tion required by this law: Provided further, That when an accident
has been reported which subsequently terminates fatally, a supple
mentary report shall be filed with the commissioner of labor by the
employer within forty-eight hours after he receives knowledge of such
death, stating that the injury has proved fatal.
Sec. 3893. Copies of all settlements made or releases obtained in Settlements
respect to industrial accidents occurring in the State of Minnesota
releases,
shall be filed with the labor commissioner within ten days after such
settlements are made and shall become part of the permanent records
of the department.
Sec. 3894. The failure to make such reports or file such copies of violations,
settlements or releases, on the part of any person, copartnership or
corporation required hereby to make or file the same, within the time
herein specified, is hereby declared to be a misdemeanor.
Sec. 3895. No report herein required to be made, or any part thereof, Reports not
shall be admitted in evidence or referred to at the trial o f any action, evidenceor in any judicial proceedings whatsoever, except prosecutions for
the violation of this act.
No such report nor any part thereof, nor any copy of the same, nor
any part thereof, shall be open to the public, nor shall any of the
contents thereof be disclosed in any manner, by any official or clerk
or other employee of the State having access thereto, but the same
may be used for State investigations and statistics only. Any such
disclosure is hereby declared to be a misdemeanor and punishable as
such.
Approved April 22, 1919.
Chapter 367.— Discrimination against handicapped workmen.
Section 1. No person, partnership, association, or corporation, or Discrimination
their agents or employees writing workmen’s compensation insurance insurers,
in this State shall make or charge any rate which discriminates against
the employment by the insured of any person who is physically handi
capped by reason of loss or loss of use of any member due to accident or
other cause.
Sec. 2. Any person, partnership, association, or corporation, or their Act a misdeagents or employees, offering a rate of compensation insurance forbid- meanorden by section 1 of this act shall be guilty of a misdemeanor.
Sec. 3. Whenever any company or its agents or employees shall have Penalty,
been convicted of a violation of tftis act, such fact shall be sufficient
cause for the cancellation of its license by the commissioner of
insurance.
Approved April 23, 1919.

MISSOURI.
ACTS OF 1919.
Compensation o f workmen for injuries.
(Page 456.)
Title.

S e c tio n

1. This act shall

known as the workmen’s compensa

tion act.

Presumption as Sec. 2. Every employer and every employee, except as in this act
to election.
otherwise provided, shall be conclusively presumed to have elected to

accept all of the provisions of this act and respectively to furnish and
accept compensation as herein provided, unless prior to the accident
he shall have filed with the commission a written notice that he elects
to reject this act. The presumption of election shall be reestablished
by filing with the commission a written notice withdrawing the rejec
tion. All such notices shall take effect on the day of their receipt by
the commission. They may be sent by mail and the commission shall
immediately acknowledge receipt thereof. The notice given by the.
employee shall take effect upon all employments at which he may
then or thereafter be employed until the rejection is withdrawn, and
on application the commission shall inform any employer thereof.
The employee shall also immediately inform his employer of all such
notices, and the same shall not operate as to any employer until the
employee informs him thereof in writing. The commission shall also
furnish to each employer rejecting the act a notice thereof, which the
employer shall keep posted in a conspicuous place on his premises
where it can be seen by his employees.
Remedy exclu- Sec. 3. If both employer and employee have elected to accept the
slve'
provisions of this act, the employer shall be liable, irrespective of
negligence, to furnish compensation under the provisions of this act
for personal injury or death of the employee by accident arising out
and in the course of his employment, and shall be released from all
other liability therefor whatsoever, whether to the employee or any
other person. The rights and remedies herein granted to an employee
shall exclude all other rights and remedies of such employee, her
husband, wife, parents, personal representatives, dependents, heirs
or next kin, at common law or otherwise, on account of such injury
or death. Nor shall compensation be allowed for an injury or death
due to the employee’s or another’s willful misconduct, including in
tentional self-inflicted injury, intoxication, and willful failure or
refusal to use a safety appliance or perform a duty required by statute,
or failure to obey any reasonable rule adopted by the employer for the
safety of the employee, as to all of which the burden of proof shall rest
upon the employer.
Defenses abro- s EC. 4. if the employer has elected not to accept the provisions of
gated, w en.
this act, in any action to recover damages for personal injury or death
of his employee in the course of his employment it shall not be a
defense that the same was caused by the negligence of a fellow em
ployee, or that the employee had assumed the risk of the injury or
death, or that the same was caused in any degree by the negligence
of the employee. Such defenses shall not be allowed in such action
whether or not the employee accepted this act, nor shall they be
allowed in any proceeding for compensation under this act. Such
defenses shall be allowed to an employer who has elected to accept
this act, if the employee has elected to reject it.
Exemptions.
SEC. 5. Sections two, three, and four of this act shall not apply to
employments of farm labor and domestic servants, including family
chauffeurs. The said sections shall not apply to employments which
are but casual and not incidental to the operation of the usual business

622

TEXT OF LAWS— MISSOURI.

623

of the employer, or to employments in which articles and materials
are given out to be made up, cleaned, washed, altered, ornamented,
finished, repaired or adapted for sale in the home of the employee or
on premises not under the control or management of the employer.
If the employer has less than five employees regularly employed in his
business the said sections shall not apply to such employment unless
such employees and their employers voluntarily elect in the manner
herein specified to be bound by this act. Any employer in this
section exempted from the operation of sections two, three, and four of
this act, may bring himself within the provisions of the act by filing
with the commission notice of his election to accept the same, and
any employee thereafter entering the service of such employer, and
any employee remaining in such service thirty days after such election,
shall be conclusively presumed to have elected to accept this act
unless he shall have filed with the commission and his employer a
written notice that he elects to reject the same.
S e c . 6 . The word “ employer” as used in this act shall be construed .Who are emto mean
P10*618(a) Every person, partnership, association, corporation, trustee, re
ceiver, and every other person, including any person or corporation
operating a railroad, and any public service corporation, using the
service of another for pay, and
(b) The state and every county, municipal corporation, township,
school, road, drainage, swamp and levee district, school board, board
of education, regents, curators, managers, or control, commission,
board, and every other political subdivision, corporation, and quasi
corporation thereof, all of which public, employers are hereby made
liable to furnish compensation under the provisions of this act for
personal injury or death of their employees by accident arising out of
and in the course of their employment, without the right of such
public employers to elect to reject the provisions of this act, but such
liability shall not exist if the employee elects to reject this act.
(c) Any reference to the employer shall also include his insurer.
S e c . 7. (a) The word “ employee” as used in this act shall be con- Employees,
strued to mean every person m the service of any employer as defined
in this act, under any contract of hire, express or implied, oral or
written, but shall not include persons whose average annual earnings
exceed three thousand dollars, nor officials of political subdivisions.
Any reference to any employee who has been injured, shall, when
the employee is dead, also include his personal representatives, de
pendents, and other persons to whom compensation may be payable.
The word employee shall also include all minor employees, and all
such minor employees are hereby made of full age for all purposes
under, in connection with or arising out of this act.
(b) The word “ accident” as used in this act shall, unless a different Accident,
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 objective symp
toms of an injury. The terms “ injury” and “ personal injuries” shall
mean only violence to the physical structure of the body and such di
sease or infection as naturally results therefrom. The said terms shall
in no case be construed to include occupational disease in any form, or
any contagious or infectious disease contracted during the course of
employment, or death due to natural causes but occurring while the
workman is at work. ‘ ‘ Death ” when mentioned as a basis for the right
to compensation means only death resulting from such violence and its
resultant effects occurring within three hundred and fifty weeks after
the accident.
(c) Without otherwise affecting either the meaning or interpretation Course of emof the abridged clause, “ personal injuries arising out of and in the course p ym
of employment,” it is hereby declared not to cover workmen except
while engaged in, on or about the premises where their duties are being
performed, or where their service requires their presence as a part of
such services at the time of the injury, and during the hours of service as
such workmen.
S e c . 8 . Nothing in this act shall be construed as amending or repeal- Relief funds,
ing any statute or ordinance relating to associations or funds for the

624

WORKMEN ’Sf@fJsMPENSATION LAWS OF THE UNITED STATES.

relief, pensioning, retirement, or other benefit of firemen, .policemen, or
other public employees, their widows, children or dependents, or as in
any manner interfering with such associations, funds or benefits, now
or hereafter established, but any such public employee, his widow,
children or dependents, who shall receive compensation under this act
shall have deducted from any benefit otherwise payable by any pension
or other benefit fund to which the municipal corporation or other public
employer contributes, a part of such benefit proportionate to the amount
then being contributed to such fund by such employer, which deduc
tions shall be made only during the compensation period. Nor shall
anything in this act be construed as interfering with the right of any
public employee to draw full wages, or collect and retain his full fees,
so long as he holds his office, appointment, or employment, but the
period during which the same are received after the injury shall be
deducted from the period of compensation payments due hereunder.
Joint employ- Sec. 9. In case any employee for whose injury or death compensation
is payable under this act shall, at the time of the injury, be employed
ana paid jointly by two or more employers subject to this act, such em
ployers shall contribute the payment of such compensation in the pro
portion of their several wage liability to such employee. If one or more
but not all of such employers should be subject to this act, and other
wise subject to liability for compensation hereunder, then the liability
of the entire compensation which their proportionate wage liability
bears to the entire wages of the employee: 5 Provided, however, That
nothing in this section shall prevent any arrangement between such em
ployers for a different distribution, as between themselves, of the ulti
mate burden of such compensation.
Liability
of Sec. 10. (a) Any person who has work done under contract on or
principals.
about his premises which is an operation of the usual business which he
there carries on, shall be deemed an employer and shall be liable under
this act to such contractor, his subcontractors, and their employees,
when injured or killed on or about the premises of the employer while
doing work which is in the usual course of his business.
(b) The provisions of this section shall apply to the relationships of
landlord and tenant, and lessor or lessee, when created for the fraudu
lent purpose of avoiding liability, but not otherwise. In such cases the
landlord or lessor shall be deemed the employer of the employees of the
tenant or lessee.
(c) The provisions of this section shall not apply to the owner of
premises upon which improvements are being erected, demolished,
altered, or repaired by an independent contractor, but such independ
ent contractor shall be deemed to be the employer of the employees of
his subcontractors and their subcontractors when employed on or about
the premises where the principal contractor is doing work.
Contractors.
(<#) In all cases mentioned in the preceding subsections the imme
diate contractor or subcontractor shall be liable as an employer of the
employees of his subcontractors. All persons so liable may be made
parties to the proceedings on the application o f any party. The lia
bility of the immediate employer shall be primary, and that of the
others secondary in their order, and any compensation paid by those
secondarily liable may be recovered from those primarily liable, with
attorneys’ fees and expenses of the suit. Such recovery may be had
on motion in the original proceedings.
(e) No such employer shall be liable as in this section provided, if the
employee was insured by his immediate or any intermediate employer.
Alternative Sec. 11. If a third person not in the same employ is also liable, the
remedies.

employee may elect to hold either the employer or the third person.

Election to hold the third person shall release the employer. Election to
hold the employer shall operate as an assignment of the cause of action
against third person which the employer or his insurer may enforce in
his own name or that of the employee, and in such actions recovery
may be had of the amount of compensation awarded, with the reason
able expense of the suit, incuding attorneys’ fees. Election to hold
6Reproduced as enacted; it is reported that it was intended to read as follows: “ If
one or more but not all of such employers should be subject to this act, those subject to
the act shall pay such proportion of the entire compensation due hereunder, as their pro
portionate wage liability bears to the entire wages of the employee.”

TEXT OF LAWS— MISSOURI,

625

the employer shall not be deemed to have been made until a claim
for compensation is filed with the commission.
Sec. 12. (a) This act shall apply to all cases within its provisions, Federal laws.
except those exclusively covered by any Federal law.
(6) This act shall apply to all injuries received in this State, regard Injuries out
less of where the contract of employment was made, and also to all side State.
injuries received outside of this State under contract of employment
made in this State, unless the contract of employment in any such
case shall otherwise provide.
S e c . 13. (a) In addition to all other compensation, the employee Medical, etc.,
shall receive such medical, surgical, and hospital treatment, including aid.
nursing, ambulance, and medicines, as may reasonably be required for
the first eight weeks after the injury or disability, to cure and relieve
from the effects of the injury, and not exceeding the amount of two
hundred dollars. If the employee desires, he shall have the right to
select his own physician, surgeon, or other such requirement at his own
expense. Where such requirements are furnished by a public hospital
or other institution, payment therefor shall be made to the proper
authorities.
(b) If it be shown to the commission that such requirements are being
furnished in such manner that there is reasonable ground for believing
that the life, health, or recovery of the employee is endangered thereby,
the commission may order a change in the physician, surgeon, hospital,
or other requirement.
(c) All fees and charges under this section shall be fair and reasonable,
shall be subject to regulation by the commission, and shall be limited
to such as are fair and reasonable for similar treatment of injured
persons of a like standard of living. The commission shall also have
jurisdiction to hear and determine all disputes as to such charges.
'(d) No compensation shall be payable for the death or disability of Refusing treat
an employee if and in so far as the same may be caused, continued, or ment.
aggravated by an unreasonable refusal to submit to any medical or
surgical treatment or operation, the risk of which is, in the opinion of
the commission, inconsiderable in view of the seriousness of the injury.
If the employee dies as a result of an operation made necessary by the
injury such death shall be deemed to be caused by the injury. •
(e) The testimony of any physician who treated the employee shall Evidence.
be admissible in evidence on any proceedings for compensation under
this act.
(/) Every hospital or other person furnishing the employee with
medical aid shall permit its records to be copied by and shall furnish
full information to the commission, the employer, the employee or his
dependents, and any other party to any proceedings for compensation
under this act, and certified copies of such records shall be admissible
in evidence in any such proceedings.
S ec. 14.* (a) Except as provided m section 13, no compensation shall W aiting time.
be payable for the first seven days or less of disability unless the dis
ability shall last longer than six weeks.
(b) Compensation shall be payable as the wages were paid prior to Paym ents.
the injury or at least once every two weeks. Each installment shall
bear interest at the rate of six per cent per annum from date when due
until paid. Compensation shall be payable on the basis of 66§ per cent
of the average earnings of the employee computed in accordance with
the rules given in section 22 of this act.
(c) The employer shall be entitled to credit for wages paid the Credits.
employee after the injury, and for any sum paid to or for the employee
or his dependents On account of the injury except for liability under
section thirteen.
Sec. 15. For temporary total disability the employer shall pay com Temporary dis
pensation for not more than four hundred weeks during the continuance ability:
of such disability, but not less than six dollars nor more than fifteen Total;
dollars a Week, with full wages if his average earnings a^nount to less
than six dollars a week.
Sec. 16. For temporary partial disability compensation shall be paid Partial.
during such disability but not for more than two hundred weeks, and
shall be 6 6 § per cent of the difference between the average earnings
177982°—21—Bull. 272------ 40+41

626

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

LAWS of THE u n it e d st a t e s .

prior to the accident and the amount which the employee, in the
exercise of reasonable diligence, will be able to earn during the disa
bility, to be determined in view of the nature and extent of the injury
and the ability of the employee to compete in an open labor market,
not to exceed, however, twelve dollars per Week.
Permanent parS e c . 17. (a) For permanent partial disability, in addition to
tial disability.
other compensation, the employer shall pay to the employee 6 6 §

all
per
cent of his average earnings as computed in accordance with section 2 2 ,
but not less than six dollars nor more than fifteen dollars per Week for
the periods hereinafter provided:
Nature of injury.
Weeks.
220
Schedule.
Loss of major arm at shoulder.........................................................
Loss of minor arm at shoulder.........................................................
200
Loss of major arm between shoulder and elbow............................
210
Loss of minor arm between shoulder and elbow...........................
190
Loss of major arm at elbow joint.....................................................
200
180
Loss of minor arm at elbow joint....................................................
Loss of major arm between elbow and wrist..................................
190
Loss of minor arm between elbow and wrist.................................
170
Loss of major hand at the wrist joint.................... .........................
165
Loss of minor hand at the wrist joint.............................................
150
Loss of thumb of major hand at proximal joint.............................
55
50
Loss of thumb of minor hand at proximal joint............................
Loss of thumb of major hand at distal joint..................................
40
Loss of thumb of minor hand at distal joint..................................
30
Loss of index finger at proximal joint, major hand.......................
40
Loss of index finger at proximal joint, minor hand......................
36
Loss of index finger at second joint, major hand..........................
32
Loss of index finger at second joint, minor hand..........................
28
Loss of index finger at distal joint, major hand.......... *____, ___
28
Loss of index finger at distal joint, minor hand............................
24
Loss of either the middle or ring finger at the proximal joint,
32
major hand............. .......................................................................
Loss of either the middle or ring finger at the proximal joint,
minor band.......................... ........................................................
28
Loss of either the middle or ring finger at second joint, major
hand................................................................................................
28
Loss of either the middle or ring finger at second joint, minor
hand...............................................................................................
24
Loss of either the middle or ring finger at the distal joint, major
hand...............................................................................................
24
Loss of either the middle or ring finger at the distal joint, minor
hand................................................................................................
22
Loss of little finger at proximal joint, major hand........................
20
Loss of little finger at proximal joint, minor hand............... .......
15
18
Loss of little finger at second joint, major hand.................... '___
Loss of little finger at second joint, minor hand............................
15
Loss of little finger at distal joint, major hand................................
15
Loss of little finger at distal joint, minor hand............................
12
Loss of one leg at the hip joint or so near thereto as to preclude the
use of artificial limb................................................................
195
Loss of one leg at or above the knee, where the stump remains suf
ficient to permit the use of artificial limb...............................
150
125
Loss of one leg at or above ankle and below knee joint.................
Loss of one foot, in tarsus..................................................................
140
Loss of one foot, in metatarsus........................................................
100
Loss of great toe of one foot at proximal joint..................................
35
20
Loss of great toe of one foot at distal joint.......................................
Loss of any other toe at proximal joint...........................................
12
Loss of any other toe at second j oint................................................
8
Loss of any other toe at distal j oint..................................................
6
Complete loss of one e y e ...................................................................
110
Complete loss of the sight of one eye..............................................
100
Complete deafness of both ears.................... ...................................
160
Complete deafness of one ear, the other being normal...................
40
Other injuries.
For permanent inj uries other than those above specified, the said com
pensation shall be paid for such periods as are proportionate to the rela*

TEXT OF LAWS--- MISSOURI,

627

tion which the other injury bears to the injuries above specified, but no
such period shall exceed four hundred weeks. Such other injuries shall
include permanent injuries causing a loss of earning power, disfigure
ment, and mutilation. If an employee be seriously and permanently Disfigurement,
disfigured about the face or head, the board may allow such sum for com
pensation on account thereof, as it may deem just, based upon the han
dicap Buffered by the injured employee in obtaining employment, but
such sum shall not exceed $750.
(b)
In all claims for compensation for hernia resulting from injury Hernia,
arising out of and in the course of the employment, it must be definitely
proved to the satisfaction of the board: First, that there was an acci
dent resulting in hernia; second, that the hernia appeared suddenly,
accompanied by intense pain; third, that the hernia immediately fol
lowed the accident ; fourth, that the hernia did not exist in any degree
prior to the accident resulting in the injury for which compensation is
claimed. All hernia, inguinal, femoral, or otherwise, so proved to be
the result of an accident arising out of and in the course of the employ
ment, shall, when necessary, be treated in a surgical manner by radical
operation. If death results from such operation, the death shall be
considered as a result of the injury, and compensation paid in accord
ance with the provisions of section 21 (6). In nonfatal cases, time loss
only shall be paid, unless it is shown by special examination that the
injured employee has a permanent partial disability resulting after the
operation. If so, compensation shall be paid in accordance with the
provisions hereof applicable to permanent partial disability. In case
the injured employee refuses to undergo the radical operation for the
reduction of said hernia, when such operation is necessary, no com
pensation will be allowed during the time such refusal continues. If,
however, it is shown that the employee has some chronic disease or is
otherwise in such physical condition that it is considered unsafe for him
to undergo said operation, he shall be paid 66-2/3 per cent on his aver
age wages for a period of 10 weeks.
Sec. 18. (a) For permanent total disability compensation shall be Permanent toaid on the basis of 66-2/3 per cent of the annual earnings during two tal disability,
undred forty (240) weeks, and thereafter on the basis of 40 per cent of
the average annual earnings for life, but not less than six dollars nor
more than fifteen dollars a week.
(b)
When caused by the accident the loss of both eyes or the sight
thereof, the loss of both hands or the use thereof, an injury resulting in
practically total and permanent paralysis or an injury resulting in
incurable imbecility or insanity, shall be conclusively presumed to be
permanent total disabilities^ ana in all other cases permanent total dis
ability shall be determined m accordance with the facts.
Sec. 19. (a) In all cases of permanent disability where there has Second injuries,
been a previous disability there shall be deducted from the amount
of compensation payable the amount paid for the previous disability,
and compensation shall be paid for the difference. If the resulting
condition be a total permanent disability, the compensation period of
such total disability shall be five hundred weeks, and the period of the
previous disability shall be deducted therefrom.
(b) If more than one injury in the same employ causes concurrent
temporary disabilities, compensation shall be payable only for the
longest and largest paying disabilitv.
(c) If more than one injury in the same employ causes concurrent
and consecutive permanent disabilities, compensation payments for
each subsequent disability shall not begin until the end of the com
pensation period of the
affect the Deatl1 of work
S e c . 20. The death
liability of the employe:
x
t provided, benefits
1Vmg
so far as such liability has accrued and become payable at the time of
the death, and any accrued and unpaid compensation due the em
ployee shall be paid to his dependents without administration, or if
there be no dependents, to his personal representative or other person
entitled thereto, but such death shall be deemed to be the termination
of the disability.
S e c . 21. If the injury causes death, either with or without disability,
the compensat ion therefor shall be as provided in this section.

628

w o r k m e n ’s COMPENSATION LAWS o f THE u n i t e d s t a t e s .

c ° mtPensation (a) In all cases the employer shall pay direct to the persons furnishdeath.
ing the same the reasonable expense of the burial of the deceased em
ployee not exceeding one hundred dollars, and if not covered by the
provisions of section 13, the reasonable expense of his last sickness not
exceeding two hundred dollars. But no person shall be entitled to
compensation for the burial expenses of a deceased employee unless he
shall have furnished the same by authority of the widow or widower,
the nearest relative of the deceased employee in the county of his
death, his personal representative, or the employer, who shall have
the right to give such authority, in the order named. All fees and
charges under this section shall be fair and reasonable, shall be subject
to regulation by the commission, and shall be limited to such as are fair
and reasonable for similar service to persons of a like standard of living.
The commission shall also have jurisdiction to hear and determine all
disputes as to such charges. If the deceased employee leaves no
dependents the death benefit in this subsection provided shall be the
limit of the liability of the employer under this act on account of such
death.
(6)
The employer shall also pay to the total dependents of the em
ployee a death benefit of two-thirds of his average annual earnings for
the year immediately preceding the injury, but not less than six
dollars a week nor more than fifteen dollars a week for three hundred
weeks, less the number of weeks during which compensation for the
injury was paid to the employee during his lifetime. If there be total
dependents no compensation shall be payable to partial dependents
or any other person, except as provided in paragraph (a) of this section.
(c)
If there be partial dependents, and no total dependents, a part of
the death benefit nerein provided in the case of total dependents, deter
mined by the proportion of his contributions to all partial dependents
by the employee at the time of the injury, shall be paid by the employer
to each of such dependents proportionately.
Dependents.
(J ) The word “ dependent” as used in this act shall be construed to
mean a relative by blood or marriage of a deceased employee who is
actually dependent for support, in whole or in part, upon his wages at
the time of the injury. The following persons shall be conclusively
presumed to be solely and totally dependent for support upon a
deceased employee:
1. A wife upon a husband, and a husband mentally or physically
incapacitated from wage earning upon a wife, with whom he or she is
living at the time of the injury.
2. A natural, posthumous, or adopted child or children, whether
legitimate or illegitimate, under the age of seventeen years, or over that
age if physically or mentally incapacitated from wage earning, with
whom he is living at the time of the death of such parent, there being no
surviving dependent parent or step-parent. In case there is more than
one child thus dependent, the death benefit shall be divided among
them in such proportion as may be determined by the commission after
considering tneir ages and other facts bearing on such dependency.
In all other cases questions of total or partial dependency shall be deter
mined in accordance with the facts at the time of the injury, and in
such other cases, if there is more than one person wholly dependent the
death benefit shall be divided equally among them.
(e) All death benefits provided for in this act shall be paid in install
ments in the came manner as provided for disability compensation.
(/) Every employer shall keep a record of the correct names and
addresses of the dependents of each of his employees, so far as possible,
and upon the death of an employee by accident arising out of and in the
course of his employment, shall immediately furnish the commission
with the correct names and addresses of all dependents of such employee.
Basis for com- Sec. 22. The basis for computing the compensation provided for in
pensation.
this act shall be as follows:
(a) The compensation shall be computed on the basis of the annual
earnings which the injured person received as salary, wages, or earnings
if in the employment of the same employer continuously during the
year next preceding the injury.
( b) Employment by the same employer shall be taken to mean em
ployment by the same employer in the grade in which the employee

TEXT OF LAWS— MISSOURI.

629

was employed at the time of the accident, uninterrupted by absence
from work due to illness or any other unavoidable cause.
(c) If the injured person has not been engaged in the employment of
the same employer for the full year immediately preceding the acci
dent, the compensation shall be computed according to the annual
earnings which persons of the same class in the same employment and
same location (or, if that be impracticable, of neighboring employ
ments of the same kind) have earned during such period.
(d) As to employees in employments in which it is the custom to
operate throughout the working days of the year, the annual earnings,
if not otherwise determinable, shall be regarded as 300 times the aver
age daily earnings in such computation.
(e) As to employees in employments in which it is the custom to
operate for a part of the whole number of working days in each year,
such number, if the annual earnings are not otherwise determinable,
shall be used instead of 300 as a basis for computing the annual earn
ings: Provided, The minimum number of days which shall be so used
for the basis of the year’s work shall be not less than 200.
(/) In the case of injured employees who earn either no wage or less
than the earnings of adult day laborers in the same line of employment
in that locality, the yearly wage shall be reckoned according to the
average annual earnings of adults of the same class in the same (or if
that is impracticable then of neighboring) employments.
(g) Earnings, for the purpose of this section, shall be based on the
earnings for the number of hours commonly regarded as a day’s work
for that employment, and shall exclude overtime earnings. The earn
ings shall not include any sum which the employer has been accus
tomed to pay the employee to cover any special expense entailed on
him by the nature of his employment.
(h) In computing the compensation to be paid to any employee, who,
before the accident for which he claims compensation, was disabled
and drawing compensation under the terms of this act, the compensa
tion for each subsequent injury shall be apportioned according to the
proportion of incapacity and disability caused by the respective in
juries which he may have suffered.
(i) To determine the amount of compensation for each installment
period, the amount per annum shall be ascertained pursuant hereto, and
such amount divided by the number of installment period per annum.
Sec. 23. The compensation payable under this act, whether awarded Ass ignments,
or due, or not, shall not be assignable, shall be exempt from attachment, garnishment and execution, shall not be subject to set-off or
counter-claim or be in any way liable for any debt, and in case of in
solvency or the levy of an attachment or execution shall be entitled to
the same preference and priority as claims for wages, without limit as
to time or amount, save that if written notice is given to the employer
of the nature and extent thereof, if such services are found to be nec
essary, the commission may allow as a lien on the compensation,
reasonable attorney’s fees for services in connection with the proceed
ings for compensation and may order the amount thereof paid direct
to the attorney in a lump sum or in installments. All attorneys’ fees
for services in connection with this act shall be subject to regulation
by the commission and shall be limited to such charges as are fair and
reasonable, and the commission shall have jurisdiction to hear and
determine all disputes concerning the same.
Sec. 24. No savings or insurance of the injured employee, or any Savings of embenefit derived trom any other source than the employer or the em- p oyee*
ployer’s insurer for liability under this act, shall be considered in deter
mining the compensation due hereunder.
Sec. 25. Every employer electing to accept the provisions of this act Insurance reehall insure his entire liability thereunder except as hereafter provided, quire
with some insurance carrier authorized to insure such liability in this
State, except that an employer may himself carry the whole or any
part of such liability without insurance upon satisfying the commission
of his ability so to do. If the employer fail to comply with this section,
an injured employee or his dependents may elect after the injury to
recover from the employer as though he had rejected this act, or to
recover under this act with the compensation payments commuted and

630

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

immediately payable. If the employer be carrying his own insurance,
on the application of any person entitled to compensation and on
proof of default in the payment of any installment, the commission shall
require the employer to furnish security for the payment of the com
pensation, and if not given, all of the compensation shall be commuted
and become immediately payable: Provided, That employers engaged
in the mining business shall be required to insure only their normal
liability.
Burden of cost. Sec. 26. No part of the cost of such insurance shall be assessed
against, collected from, or paid by any employee.
Liability.
SEc. 27. If the employer be not insured his liability hereunder shall
be primary and direct. If he is insured, his liability shall be secondary
and indirect, and his insurer shall be primarily and directly liable here
under to the injured employee, his dependents^ or other persons entitled
to rights hereunder. On request of the commission and at every hear
ing the employer shall produce and furnish it with a copy of his policy
of insurance, and on demand the employer shall furnish the injured
employee, or his dependents, with the correct name and address of his
insurer, and his failure to do so shall be prima facie evidence of his
failure to insure. Both the employer and his insurer shall be parties
to all agreements or awards of compensation, but the same shall not be
enforceable against the employer, except on motion and proof of default
by the insurer. # Service on the employer shall be sufficient to give the
commission jurisdiction over the person of both the employer and his
insurer, and the appearance of the employer in any proceeding shall
also constitute the appearance of his insurer.
Policies.
Sec. 28. Every policy of insurance against liability under this act
shall be in accordance with the provisions of this act and shall be in a
form approved by the superintendent of the insurance department.
Such policy shall contain an agreement that the insurer accepts all of
the provisions of this act, that the same may be enforced by any person
entitled to any rights under this act as well as by the employer, that
the insurer shall be a party to all agreements or proceedings under this
act, and his appearance may be entered therein and jurisdiction over
his person may be obtained as in this act provided, and such covenants
shall be enforceable notwithstanding any default of the employer.
Rates.
Sec. 29. All charges for insurance against liability under this act and
against the liability of employers rejecting this act, shall be fair, reason
able and adequate with due allowances for merit rating. Every insur
ance carrier or group of carriers authorized to insure against liability
under this act shall, within thirty days after this section becomes effec
tive, file with the superintendent of the insurance department its classi
fication of risks and premium rates relating thereto with its system of
schedule rating (or merit rating so-called) if any. ^The superintendent
then shall hold a hearing to determine upon a uniform classification of
risks and premium rates relating thereto, and in his discretion a uniform
system of schedule rating (or merit rating so-called). Within sixty
days after this section becomes effective, the superintendent shall
approve or issue as fair, reasonable, and adequate for all insurance ear
ners or groups of carriers, authorized by law to transact liability or com
pensation insurance business in this State, a uniform classification of
risks and premium rates relating thereto, and may in his discretion
approve or issue a system of schedule rating (or .merit rating so-called)
which shall be a uniform system of schedule rating (or merit rating socalled) for all such insurance carriers. The superintendent may sub
sequently approve or issue a uniform system of schedule rating (or
merit rating so-called) for all insurance carriers, or may modify or
change any such system previously approved or issued after holding a
hearing to determine its effect upon the fairness, reasonableness,
adequacy or unfairness, unreasonableness or inadequacy of rates,: and
may approve or issue changes in rates or classifications after holding a
hearing to determine upon the fairness, reasonableness, adequacy or
unfairness unreasonableness or inadequacy of such additions or charges.
No insurance carrier or group of carriers shall issue, renew or carry in
surance for employers or employees as provided in this section at pre
mium rates which are less than the rates approved or issued by the
superintendent for all insurance carriers or groups of carriers as fair,

TEXT OF LAWS— MISSOURI.

631

reasonable and adequate for the risk to which they respectively apply:
Provided, however, That if the superintendent shall have previously ap
proved or issued a uniform system of schedule rating (or merit rating
so-called), insurance carriers may apply the same to any risks subject
thereto, but basic rates no less than the rates previously approved or
issued by the superintendent, and any additions thereto or reductions
therefrom on account of the application of such system of schedule
rating or (merit rating so-called) shall be clearly set forth in the insur
ance contracts or endorsements attached thereto: And provided, how
ever, That nothing contained in this section shall affect the right of any
insurance carrier or carriers to issue participating policies or to pay
savings or dividends actually earned or saved: A nd provided further,
That the provisions of this section as to rates shall not apply to employ
ers who provide among themselves insurance against liability under tins
act, on the reciprocal or interinsurance plan, except that the rate [for
such insurance shall not be less than the rates] 6 fixed by the superin
tendent of insurance as sufficient to provide for the payment of the
compensation provided by this act.
S e c . 30. No insurance carrier shall write any insurance against Reserves,
liability hereunder unless it maintains such reserves as are required by
law or m the absence thereof such reserves as may be required by the
superintendent of the insurance department, the power to require and
regulate which is hereby vested in said superintendent.
S e c . 31. Every insurance carrier writing insurance for liability here- Reports,
under, or the liability of employers rejecting this act, shall report to the
superintendent of the insurance department, in accordance with such
rules as he may adopt, such information as he may at any time require
for the purpose of determining the solvency of the carrier or the fairness,
reasonableness, and adequacy of its rates, and for such purposes the
superintendent may inspect the books and records of such carrier and
examine its officers, agents, and servants under oath.
S e c . 32. For any violation of the provisions of this act the superin- Violations,
tendent of the insurance department may suspend or revoke the author
ity of any insurance carrier to do business in this State. If any insur
ance carrier fails or delays to pay any compensation finally determined
to be due, the superintendent shall hear the complaint, and if such
failure is without reasonable excuse he may revoke or suspend the
authority of such carrier to do business in this State, and in a proper case
may apply for the appointment of a receiver for same.
S e c . 33. Any employer or group of employers may enter into or Substitute
continue any agreement with his or their employees to provide a system p
of compensation benefits or insurance in lieu of the compensation and
insurance provided by this act. Such substitute system and insur
ance shall be subject to the approval of the superintendent of the insur
ance department, and shall not be approved by him unless they confer
benefits upon injured employees or their dependents at least equivalent
to the benefits provided by this act, nor if they require contributions
fromemployees, unless they confer benefits in addition to those provided
under this act at least commensurate with such contribution. Such
substitute system and insurance may be terminated by the superin
tendent of the insurance department on reasonable notice and hearing
to the interested parties, if it shall appear that the same is not fairly
administered, or if its operation shall disclose latent defects threaten
ing its solvency or if for any other substantial reason it fails to accom
plish the purposes of this act; and in this case the superintendent of the
insurance department shall determine upon the proper distribution
of all remaining assets, if any, subject to the right of any party in in
terest to have such action reviewed by a court of competent jurisdiction.
S e c . 34. Every employer in this State, whether he has accepted or re- Notice of accijected the provisions of this act, shall within ten days after knowledge
of such accident, notify the commission thereof, and shall, within one
month, file with the commission under such rules and regulations and in
such form and detail as the commission may require, a full and complete
report of every injury or death to any employee for which the employer
would be liable to furnish medical aid or compensation hereunder had
c Words in brackets reported to have been om itted through error.

632

o r k m

e n ’s

c o m

p e n s a t io n

la w

o f

t h

u n it e d

s t a t e s .

he accepted this act and every such employer shall also furnish the com
mission with such supplemental reports in regard thereto as the com
mission shall require. Every such employer and his insurer, and
every injured employee, his dependents, and every person entitled to
any right hereunder, and every other person, receiving from the com
mission any blank reports with direction to fill out the same, shall cause
the same to be promptly returned to the commission properly filled out
and signed so as to answer fully and correctly each question propounded
therein and a good and sufficient reason shall be given for failure
to answer any question. No information obtained under the provi
sions of this section shall be disclosed to persons other than the parties
to compensation proceedings and their attorneys, save by order of the
commission, or at a hearing or compensation proceedings but such
information may be used by the commission for statistical purposes.
Every person who violates any of the provisions of this section or who
knowingly makes a false report or statement in writing to the commis
sion shall be deemed guilty of a misdemeanor, and on conviction thereof
shall be punished by a fine of not less than fifty nor more than five
hundred dollars, or by imprisonment in the county jail for not less than
one week nor more than one year, or by both such fine and imprisonment.
aereemSits4Sr y ®E.C*
Nothing in this act shall be construed as preventing the
*
parties to claims hereunder from entering into voluntary agreements
m settlement thereof, but no agreement by an employee or his depend
ents to waive his rights under this act shall be valid, nor shall any
agreement of settlement of [or] compromise of any dispute or claim for
compensation under this act be valid until approved by the commis
sion, nor shall the commission approve any settlement which is not
in accordance with the rights of the parties as given in this act. No
such agreement shall be valid unless made after seven days from the
date of injury or death,
mission °f C°m" ^EC*
Upon receipt of notice of any accident the commission shall
forward to the employer and to the employee or his dependents a form of
agreement to pay and accept compensation, providing for payment of
compensation in accordance with the provisions of this act, which
agreement shall be promptly executed by both parties and returned
to the commission, and if in any case the employer disputes the claim
for compensation and for that reason refuses to execute the agreement
to pay compensation', the commission shall assist the person who claims
to be entitled thereto, in filing his claim and securing an early adjudi
cation thereof; and where such agreements to pay and receive compen
sation are executed and filed it shall be the duty of the commission, in
case payments hereunder are not promptly made, to provide prompt
measures for the payment of such compensation and for hearing dis
putes with reference thereto. If the parties agree they shall file with
the commission a report of the facts and their agreement, and if the
agreement is approved by the commission it shall make an award of
compensation thereon in accordance therewith,
of workmln 6tC*' ^EC- 37. Every employer, his director, officer, or agent, who dis
charges or in any way discriminates against an employee for exercising
any of his rights under, this act, shall be deemed guilty of a misde
meanor, and on conviction thereof shall be punishable by a fine of not
less than fifty nor more than five hundred dollars, or by imprisonment
in the county jail for not less than one week nor more than one year, or
by both such fine and imprisonment.
Notice.
g EC 3g n 0 proceedings for compensation under this act shall be
maintained unless written notice of the time, place, and nature of the
injury, and the name and address of the person injured, shall have
been given to the employer as soon as practicable after the happening
thereof, unless the commission shall find that there was good cause for
failure to give such notice. No defect or inaccuracy in such notice
shall invalidate the same unless the commission shall find that the
employer was in fact misled and prejudiced thereby.
Sec. 39. No proceedings for compensation under this act shall be
Claim.
maintained unless a claim therefor be filed with the commission within
six months after the injury or death, or in case payments have been
made on account of the injury or death, within six months from the
date of the last payment. In all other respects such limitations shall be

TEXT OF LAWS— MISSOURI.

633

governed by the law of civil actions other than for the recovery of real
property, but the appointment of a guardian shall be deemed the
termination of legal disability from minority or insanity.
Sec. 40. If the employer and the injured employee or his dependents Hearing on apfail to reach an agreement in regard to compensation under this act, or Pllcatlonif 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 of any weekly payment under such agreement, either
party may make an application to the commission for a hearing in
regard to the matters at issue and for a ruling thereon. Immediately
after such application has been received the commission shall set the
date for a hearing, which shall be held as soon as practicable, and shall
notify the parties at issue of the time and place of such hearing.
Sec. 41. The commission or any of its members or referees shall hear Procedure,
in a summary proceeding the parties at issue and their representatives
and witnesses and shall determine the dispute. All evidence intro
duced at any such hearing shall be reported by a competent stenog
rapher appointed by the* commission. The award, together with a
statement of the findings of fact, ruling of law, and any other matters
pertinent to the question at issue, shall be filed with the record of pro
ceedings, and a copy of the award shall immediately be sent by regis
tered United States mail to the parties in dispute.
Sec. 42. Upon its own motion or upon the application of any party Review,
in interest on the ground of a change in condition, the commission may
at any time review any award and on such review may make an award
ending, diminishing, or increasing the compensation previously award
ed, subject to the maximum or minimum provided in this act, and shall
immediately send to the parties a copy of the award. No such review
shall affect such award as regards any moneys paid.
Sec. 43. If an application for review is made to the commission Same,
within ten days from the date of the award, the full commission, if the
first hearing was not held before the full commission, shall review the
evidence, or, if deemed advisable, as soon as practicable hear the
parties at issue, their representatives and witnesses, and shall make an
award and file same in like manner as specified in the foregoing section.
Sec. 44. An award of the commission as provided in section 41, if not . Awards bindreviewed in due time, or an award of the commission upon such review mg’ en‘
as provided in section 43, shall be conclusive and binding as to all ques
tions of fact, but either party to the dispute may within thirty days
from the date of the action or award of the full commission, appeal to the
circuit court of the county in which the accident occurred, or if the ac
cident occurred outside of this State, then in the county where the con
tract was made, for errors of law, by filing notice of appeal with the com
mission, whereupon the commission shall order under its certificate
return to the court all documents and papers on file in the matter to
gether with a transcript of the evidence, the findings and award, which
shall thereupon become the record of the cause. Appeal from the cir
cuit court shall be allowed the same as in civil actions and all appeals to
the circuit and appellate courts shall have precedence over all other
cases except election contests. Upon the setting aside of the award, the
court may rema,nd the cause to the commission for further hearing or
proceedings, or it may enter the proper judgment upon the findings, as
the nature of the case may demand: Provided, That in all appeals from
awards of the commission the party taking the appeal shall, together
with his notice of appeal, transmit to the commission twenty-five dol
lars, as security for costs, which sum the commission shall together with
the record of the case transmit to the clerk of the circuit court of the
county to which the appeal is taken, and in all appeals from the com
mission or circuit court the costs thereof shall be assessed against the
losing party as provided by law in civil cases.
Sec. 45. Any party in interest may file in the circuit court of the Enforcement,
county in which the accident occurred a certified copy of a memoran
dum of agreement approved by the commission or of an order or deci
sion of the commission, or of an award of the commission unappealed
from, whereupon said court shall render judgment in accordance there
with and notify the parties. Such judgment shall have the same effect

634

w o r k m e n ’s

COMPENSATION LAWS OF THE UNITED STATES.

and all proceedings in relation thereto shall thereafter be the same as
though said judgment had been rendered in a suit duly heard and de
termined by said court. Any such judgment of said circuit court un
appealed from or affirmed on appeal or modified, in obedience to the
mandate of the appellate court, shall be modified to conform to any
decision of the commission, ending, diminishing, or increasing any
weekly payment under the provisions of section 42 of this act upon the
presentation to it of a certified copy of such decision.
Te mp o r a r y
s Ec. 46. In any case a temporary or partial award of compensation
awards.
may ma(je) an(j the same may be modified from time to time, to meet
the needs of the case, and the same may be kept open until a final award
can be made, and if the same be not complied with, the amount thereof
may be doubled in the final award, if the final award shall be in accord
ance with the temporary or partial award.
Service of noSec. 47. Any notice required under this act shall be deemed to have
tice*
been properly given and served when sent by registered mail properly
stamped and addressed to the person to whom given, at his last known
address, in time to reach him m due time to act thereon.^ Notice may
also be given and served in like manner as summons in civil actions.
Lumpsums.
Sec. 48. The compensation herein provided may be commuted by
said commission and redeemed by the payment in whole or in part, by
the employer, of a lump sum which shall be fixed by the commission,
but in no case to exceed the commutable value of the future install
ments which may be due under this act, taking account of life con
tingencies, such payment to be commuted at its present value upon
the basis of interest calculated at four per centum with annual rests,
upon application to either party, with due notice to the other, if it
appears that such commutation will be for the best interest of the em
ployee or of the dependents of the deceased employee, or that it will
avoid undue expense or undue hardship to either party, or that such
employee or dependent has removed or is about to remove from the
United States, or that the employer had sold or otherwise disposed of
the greater part of his business or" assets. In determining whether the
commutation asked for will be for the best interest of the employee
or the dependents of the deceased employee, or that it will avoid
undue expense or undue hardship to either party, the commission will
constantly bear in mind that it is the intention of this act that the
compensation payments are in lieu of wages and are to be received
by the injured employee or his dependents in the same manner in
which wages are ordinarily paid. Therefore, commutation is a de
parture from the normal method of payment and is to be allowed only
when it clearly appears that some unusual circumstances warrant
such a departure. Commutation shall not be allowed for the purpose
of enabling the injured employee, or the dependents of a deceased
employee, to satisfy a debt, or to make payments to physicians, law
yers, or any other persons.
Employee re- s Ec. 49. On notice to the other parties the commission may permit
lieved, when.
^he employer to be discharged from further liability under any agree
ment,* award, or judgment for compensation by furnishing to the per
son entitled thereto an annuity or other obligation, approved by the
commission or court, by which payment is assumed by some respon
sible person, or by depositing the commutable value thereof with the
commission to be disbursed to the persons entitled thereto in such
manner as the commission shall determine.
Medical exami- Sec. 50. (a) After an employee has received an injury he shall from
nations.
time to time thereafter during disability submit to reasonable medical
examination at the request of the employer, his insurer, the commis
sion or any of its commissioners, the time and place of which shall be
fixed with due regard to the convenience of the employee and his
physical condition and ability to attend. The employee may have
his own physician present, and if the employee refuses to submit to
such examination, or in any way obstructs the same, his right to com
pensation shall be forfeited during such period.
(b)
The commission or any of the commissioners, or referees, may
appoint a duly qualified impartial physician to examine the injured
employee and to report, his fees ana traveling expenses for which
shall Be fixed and allowed by the commission and paid as other costs

TEXT OF LAWS--- MISSOTJRI.

635

under this act. If all the parties shall have had reasonable access
thereto, the report of such physician shall be admissible in evidence.
(c) The testimony of any physician who examined the employee
shall be admissible in evidence in any proceedings for compensation
under this act.
(d) Certified copies of the proceedings before any coroner holding
an inquest over the body of any employee receiving an injury in the
course of his employment resulting in death, shall be admissible in
evidence in any proceedings for compensation under this act, and it
shall be the duty of the coroner to give notice of such inquest to the
employer and the dependents of the deceased employee, who shall
have the right to cross-examine the witnesses.
Sec. 51. All proceedings before the commission or any commis- Procedure,
sioner or referee shall be simple, informal, and summary, and without
regard to the technical rules of evidence, and no defect or irregularity
therein shall invalidate the same. Except as herein otherwise pro
vided, all such proceedings shall be according to such rules and
regulations as may be adopted by the commission.
Sec. 52. The commission, or any commissioner or referee, shall have Powers of comower to issue process, subpoena witnesses, administer oaths, examine misslon*
ooks and papers, and require the production thereof and to cause the
deposition of an> witness to be taken and the costs thereof paid as other
costs under this act. Any party shall be entitled to process to compel
the attendance of witnesses and the production of books and papers,
and at his own cost to take and use depositions in like manner as in
civil cases in the circuit court. Subpoena shall extend to all parts of
the State and may be served as in civil actions in the circuit court,
but the costs of such service shall be as in other civil actions. Each
witness shall receive the fees and mileage prescribed by law in civil
cases, but the same shall not be allowed as costs to the party in whose
behalf the witness was summoned unless the persons before whom the
hearing is had shall certify that the testimony of such witness was
necessary. All costs under this act shall be approved by the com
mission and paid out of the State treasury from the fund for the sup
port of the Missouri workmen’s compensation commission: Provided,
however, That if the commission shall determine that any proceedings
before it or any of its members or before any referee have been brought,
prosecuted, or defended without reasonable ground, it may assess the
whole cost of the proceedings upon the party who so brought, prose
cuted, or defended them.
Sec. 53. If any person subpoenaed to appear at any hearing or pro- witnesses,
ceeding fails to obey the command of such subpoena without reasonable
cause, or if any person in attendance at any hearing or proceeding shall
without reasonable cause refuse to be sworn or to be examined or to
answer a question or to produce a book or paper or to subscribe or
swear to his deposition he shall be deemed guilty of a misdemeanor,
and on conviction thereof shall be punished by a fine of not more than
five hundred dollars, or by imprisonment in the county jail for not
more than one year, or by both such fine and imprisonment, and may
be prosecuted therefor in any court of competent jurisdiction, and in
case of a continuing violation each day’s continuance thereof shall be,
and deemed to be, a separate and distinct offense.
Sec. 54. If any party shall die pending any proceedings under this Death of party,
act, the same shall not abate, but on notice to the parties may be
revived and proceed in favor of the sucessor to the rights or against the
personal representative of the party liable, in like manner as in civil
actions.
Sec. 55. Any person who shall make, or conspire with, aid, or abet False claims,
another to make, any false or fraudulent claim to compensation or other
benefits under this act, and any person who shall by fraud, deceit, or
misrepresentation, receive, make, or cause to be made, or conspire with,
aid, or abet another to receive, make, or cause to be made, any payment
of compensation under this act to which the recipient is not lawfully
entitled, and any person who shall by fraud, deceit, or misrepresen
tation and with intent to defraud, cause or procure, or conspire with,
aid, or abet another in causing or procuring any person entitled to any
benefits under this act to fail to make claim therefor or to accept in

636

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payment thereof less than is due under this act shall be deemed guilty
of a misdemeanor, and on conviction thereof shall be punished by a
fine of not less than fifty nor more than five hundred dollars, or by
imprisonment in the county jail for not less than one week nor more
than one year, or by both such fine and imprisonment.
Commission Sec. 56. There is hereby created the Missouri workmen’s compensacreatea.
tion commission consisting of four members to be appointed by the
governor, by and with the advice and consent of the senate, and the
commission shall organize by electing one of their members as chair
man. The term of office of each commissioner shall be six years,
except that when first constituted two members of the commission
shall be appointed for four years and two for six years, and thereafter
all vacancies shall be filled as they occur. The terms of office of the
first commissioners shall begin on the date of their appointment,
which shall be immediately after the adjournment of the general
assembly. Two members of the commission shall be appointed from
^ Represents-each of the two dominant political parties, and at least one member of
said commission shall be a person who on account of his previous
vocation, employment, or affiliation, shall be classified as a representa
tive of employers, and at least one member of said commission shall
be a person who, on account of his previous vocation, employment or
affiliation shall be classified as a representative of employees: Pro
vided, however, That for the first four years after the approval of this
act the members of the commission shall be honorably discharged
United States soldiers, sailors, or marines. Such commissioner may be
removed in like manner as is provided by law for members of the
public service commission. Vacancies shall be filled by the governor
for the unexpired term, and during any vacancy the remaining mem
bers shall exercise all of the powers of the commission. The annual
salary of each commissioner shall be four thousand dollars.
Sec. 57. Each commissioner and each person appointed to office or
Oath.
employment by the commission shall, before entering upon his duties,
take and subscribe to an oath or affirmation to support the Constitu
tion of the United States and of this State, and to faithfully and
honestly discharge the duties of such office or employment. "Each
commissioner and each person appointed to office by the commission
shall give his whole time to his duties, nor shall he serve on any com
mittee of any political party. Each commissioner shall before entering
Bond.
upon his duties give a bond to the State of Missouri in the sum of fifty
thousand dollars conditioned that he will faithfully perform the duties
of his office, and if a surety company bond be given the premium
therefor shall be paid by the State as other expenses under this act.
Seal.
S ec . 58. The commission may sue and be sued in its official name
and shall have a seal bearing the inscription “ Missouri workmen’s
compensation commission.” The seal shall be affixed to all writs and
authentication of copies of records, papers on file, and to such other
instruments as the commission shall direct, and all courts shall take
judicial notice of such seal. Copies of the records and.proceedings of
the commission, and of all papers on file in its office, certified under
the said seal, shall be evidence in all courts of the State.
Secretary.
Sec. 59. The commission shall appoint and prescribe the duties of a
secretary whose salary shall be $3,500 per annum, and he shall hold
office at the pleasure of the commission. The commission may appoint
or employ duringits pleasure and prescribe the duties of such employees
as may be necessary to the proper administration of this act at salaries
to be fixed by the commission and approved by the governor: Provided,
however, That such salaries shall in no case exceed $100 per month to any
Employees.
stenographer, $100 per month to any clerical employee, or $150 per
month to any other employee or assistant. The commission may also
Medical
ad- appoint a medical adviser, whose salary shall be fixed by the commislser*
sion, but shall not exceed $4,000 per annum. The commission may
also appoint to hear any case any circuit judge who shall act without
compensation therefor: Provided, however, That for the first four
years after the approval of this act all paid appointees and employees of
the commission shall be honorably discharged United States soldiers,
sailors and marines.

TEXT OF LAWS— MISSOURI.

637

Sec. 60. It shall be the duty of the attorney general to furnish the Attorney gencommission with such legal services as it may require, and to appear on
*
its behalf in all actions or proceedings to which it may be a party.
Sec. 61. The commission shall prepare and furnish free of charge
blank forms of all notices, claims reports, proofs, and other blank forms Forms,
and literature which it may deem proper and requisite to the efficient
administration of this act. It may also authorize the publication and
distribution of such blanks by employers and other persons.
Sec. 62. The commission shall be provided with an office at the State Office, etc.
capitol in which its records shall be kept and may maintain offices in
such parts of the State as may be fixed by it. The commission shall
also be provided with the necessary office furniture, books, stationery
and other supplies. Paper and stationery shall be furnished, and print
ing done for the commission as provided by chapter 99, R. S. 1909. The
commissioners and each of their appointees and employees shall have
reimbursed to them their actual traveling expenses and disbursements Expenses,
incurred in the discharge of their duties While away from their regular
offices and places of residence, but the same shall not be paid until veri
fied by the affidavit of the person who incurred them and approved by.
the chairman of the commission. All salaries, expenses, and costs
under this act shall be paid monthly out of the State treasury from the
fund for the support of the Missouri workmen’s compensation commis
sion.
Sec. 63. The commission and its members shall have such powers as Rules.
may be necessary to carry out all the provisions of this act, and it may
make such rules and regulations as may be necessary for any sucn
purpose.
Sec. 64. The commission shall charge and collect the following fees, Fees.
to be paid at least once each month into the State treasury to the credit
of the fund for thasupport of this act: For copies of papers and records
not required to be certified or otherwise authenticated by the commis
sion, ten cents for each one hundred words and figures; for certified
copies of official documents, awards or other records, fifteen cents for
each one hundred words and figures, and one dollar for every certificate
under seal affixed thereto, for each certified copy of annual report of the
commission, one dollar and fifty cents; for copies of evidence and pro
ceedings, fifteen cents for each one hundred words and figures; also all
other fees and charges allowed or required to be collected under this
act or any other law. The commission shall also fix and collect from the
employer the reasonable expense of any investigation necessary to
determine his ability to carry his own insurance. No fees shall be
charged or collected for copies of papers, records, or official documents
furnished to public officers for use in their official capacity, or for annual
reports or other matters published by the commission, in the ordinary
course of distribution, but the commission may fix reasonable charges
for publications issued under its authority.
Sec. 65. Every public officer, without exacting a fee or charge there- Documents to
for, shall furnish the commission on application, with a certified copy be furnished,
of any document, or part thereof, on file in his office, and no public
officer shall be entitled to receive from the commission any fee for
entering, filing, docketing, or recording any document required or
authorized bylaw to be filed in his office.
Sec. 66. The commission shall make and submit to the governor, on Reports,
or before the second Monday of January, in each year, a report contain
ing a full and complete account of its transactions and proceedings for
the preceding year, together with all statistics and information collected
by it, and such other facts, suggestions, and recommendations as it may
deem of value, which report shall be laid before the legislature.
Sec. 67. For the purpose of providing for the expense of administer- Tax on preing this act, every person, partnership, association, corporation, whether miums, etc.
organized under the laws of this or any other State or country, company,
mutual company, the parties to any interindemnity contract, or other
plan or scheme, and every other insurance carrier, insuring employers
in this State against liability for personal injuries to their employees,
or for death caused thereby, under this act, shall, as hereinafter pro
vided, pay tax upon the deposits or premiums received whether in cash
or notes, in this State, or on account of business done in this State, for

638

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

Assessments.

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

such insurance in this State at the rate of two per cent in lieu of all other
taxes on such deposits or premiums, which amount of taxes shall be
assessed and collected as hereinafter provided: Provided,, That such
insurance carriers shall be credited with canceled or returned premi
ums or savings actually paid to the insured in this State, and with pre
miums or reinsurance with insurance carriers authorized and licensed
to transact business in Missouri, which reinsurance shall be reported by
the carrier reinsuring such business; but no credit shall be allowed for
reinsurance in insurance carriers not licensed to transact business in
Missouri.
Sec. 6 8 . If any such insurance carrier shall fail or refuse to make
the return required by this act, the said superintendent shall assess the
tax against such insurance carrier or self-insurer at the rate herein pro
vided for, on such amount or premiums or deposits as he shall deem
just, and the proceedings thereon shall be the same as if the return had
been made.
*

Tax on self- Sec. 71. Wherever the employer carries his own risk, or wherever
insurers.
substitute schemes for insurance provided for in section 33 have been
approved, the commission shall inform the superintendent of insurance,
who, thereupon, shall assess and in like manner collect a similar tax
from the employer carrying his own risk at the same rate and on the
same basis as taxes are assessed against insurance carriers, of any char
acter, carrying like risks in this State under the provisions of this act.
Violations.
Sec. 75. Any person, corporation’ his or its directors, officers or
agents, or any other person who violates any of the provisions of this
act for which a penalty has not hereinbefore been specifically provided,
shall be deemed guilty of a misdemeanor, and on conviction thereof
shall be punished by a nne of not less than $50 nor more than $500 or by
imprisonment in the county jail for not less than one week and not
more than one year, or both such fine and imprisonment.
Construction.
Sec. 76. All of the provisions of this act shall be liberally construed,
with a view of the public welfare, and a substantial compliance there
with shall be sufficient to give effect to all rules, regulations, require
ments, awards, orders, or decisions of the commission, and they shall not
be declared inoperative, illegal, or void for any omission of a technical
nature in respect thereto.
Provisions sevSec. 77. If any section, subsection, sentence, clause, or phrase of
erabie.
this act is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this act. The
general assembly hereby declares that it would have passed this act,
and each section, subsection, sentence, clause, and phrase thereof,
irrespective of the fact that any one or more of the same snail be declared
unconstitutional.
Sec. 78. [Repealer.]
Appropriation.
Sec. 79. For the purpose of paying the salaries and expenses of the
members of the commission ana its employees, the sum of $50,000 per
year or so much thereof as may be necessary is hereby appropriated,
and shall be known as the workmen’s compensation fund. The amount
of said appropriation to be refunded as provided in section 69.
Act in effect.
Sec. 80. Notwithstanding the emergency clause hereto attached,
sections two to four, inclusive, and section thirty-four, of this act shall
not take effect until November, 1919.
Emergency.
Sec. 81. It being necessary for the commission herein created to be
fully organized ana make preliminary preparations, and there being an
immediate necessity therefor, creates an emergency within the mean
ing of the Constitution, and except as in this act otherwise provided,
this act shall take effect from and after the date of its approval.7
Approved April 28, 1919.
* This act did not come into effect on account of petition for a referendum, to be
decided November 2, 1920.

MONTANA.
ACTS OF 1915.
Chapter

96.— Compensation of workmen for injuries— Provisions for
safety.
P art

G EN ER AL PROVISIONS.

S e c t i o n 1. (a) This act shall be known and m a y b e cited as the Citation of act.
workmen’s compensation act. Part I shall contain those sections
which have a general application to the whole of the act and may be
referred to as the “ general provisions” ; Part II shall contain those
sections which refer to compensation plan number one; Part III shall
contain those sections which refer to compensation plan number two; Parts.
Part IV shall contain those sections which refer to compensation
plan number three; Part V shall contain those sections which may be
referred to as the “ safety provisions.”
(b) Whenever compensation plan number one, two, three, or the
safety provisions of this act shall be referred to, such reference shall
also be held to include all other sections which are applicable to the
subject matter of such reference.
(c) The “ compensation provisions” of this act, whenever referred
to, shall be held to include the provisions of compensation plans num
ber one, two, or three, and all other sections of this act applicable to
the same or any part thereof.
Sec. 2 (as amended by chapter 95, acts of 1919). (a) There is hereby •Indtu?;riaL ac~
created a board to consist of three members. The commissioner of labor
and industry shall be one member, the State auditor shall be one
member, and one member shall be appointed by the governor, which
board shall be known as the industrial accident board, and shall have
the powers, duties, and functions hereinafter conferred. The term of
office of the appointed member of the board shall be for four years and
until his successor shall have been appointed and qualified. He shall
receive an annual salary of six thousand dollars, payable monthly, and
shall be the chairman of the board. The board shall elect one of their
number as treasurer of the board.
(b) A vacancy in the office of the appointed member of the board
shall be filled in the same manner as the original appointment, but
shall only be for the unexpired term of such vacancy. The appointed
member shall not be removed except for cause, and after a hearing had
before and a finding made by the remaining members of the board, and
both of the remaining members of the board must concur in the removal
of the appointed member.
(c) Each member shall, upon entering upon the duties of his office,
execute to the State of Montana and file with the secretary of State a
bond in the sum herein prescribed, executed by not less than four
responsible sureties or by some surety company authorized to become
sole surety on bonds in the State of Montana, such bonds to be approved
by the governor, and conditioned that he will faithfully and impar
tially discharge the duties of his office. Such bonds shall be in addi
tion to any other bonds required by law to be furnished.
(d) The bond of the treasurer of the board shall be in a sum to be
fixed by the governor, not less than twenty-five thousand dollars
($25,000) nor more than one hundred thousand dollars ($100,000). The
bonds of the members of the board other than the treasurer shall be in
the sum of ten thousand dollars ($10,000).

640 WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

Quorum.

Seal.

Office.

Secretary.

Salaries.

Expenses.

Forms and

or *

Reports.

Fees.

(e)
Neither the commissioner of labor and industry nor the State
auditor shall receive any additional compensation for the duties
imposed upon them by this act.
(f) A majority of the board shall constitute a quorum for the trans
action of any business. A vacancy on the board shall not impair the
right of the remaining members to perform all of the duties and exer
cise all the powers and authority of the board. The act of the majority
of the board when in session as a board shall be deemed to be the act
of the board, but any investigation, inquiry, or hearing which the
board has power to undertake or to hold may be undertaken or held
by or before any member thereof or any examiner or referee appointed
by the board for that purpose. Every finding, order, decision, or
award made by any commissioner, examiner, or referee pursuant to
such investigation, inquiry, or hearing, when approved and confirmed
by the board and ordered filed in its office, shall be deemed to be the
finding, order, decision, or award of the board.
(g) The board shall have a seal bearing the following inscription:
“ Industrial Accident Board, State of Montana, Seal.,, The seal shall
be affixed to all writs and authentications of copies of records, and to
such other instruments as the board shall direct. All courts shall take
judicial notice of said seal.
(h) The board shall keep its principal office in the capital of the
State, and shall be provided with suitable rooms, necessary office
furniture, stationery, and other supplies. For the purpose of holding
sessions in other places, the board shall have power to rent temporary
quarters.
(i) The board shall appoint a secretary, who shall hold office at the
pleasure of the board. It shall be the duty of the secretary to keep a
full and true record of all the proceedings of the board, to issue all
necessary processes, writs, warrants, and notices which the board
is required or authorized to issue, and generally to perform such other
duties as the board may prescribe.
(j) The board shall employ such assistants and other employees as
it may deem necessary to carry out the provisions of this act.
(k) All officers and employees of the board shall receive such com
pensation for their services as may be fixed by the board, shall hold
office at the pleasure of the board, shall perform such duties as are
imposed on them by law or by the board.
(J) The salaries of members of the board, secretary, and every other
person holding office or employment under the board, as fixed by law
or by the board, shall be paid monthly, after being approved by the
board upon claims therefor, to be audited and approved by the State
board of examiners.
(m) All expenses incurred by the board pvrsuant to the provisions
of this act, including the actual and necessary traveling and other
expenses and disbursements of the members thereof, its officers, and
employees incurred while on business of the board, either within or
without the State, shall, unless otherwise provided in this act, be paid
from the industrial administration fund, after being approved by the
board upon claims therefor, to be audited and approved by the State
board of examiners.
rec(n) The board shall cause to be printed such blank forms as it shall
deem requisite to facilitate or promote the efficient administration of
this act. It shall provide a book in which shall be entered the minutes
of all its proceedings, a book of record in which shall be recorded all
awards made by the board, and such other books or records as it shall
deem requisite for the purpose and efficient administration of this act.
All such records are to be kept in the office of the board.
(0) The board shall have the power and authority to publish and
distribute, at its discretion, from time to time, in addition to its
annual report, such further reports and bulletins covering its opera
tions, proceedings, and matters relative to its work as it may deem
advisable.
(p) The board shall have power and authority to charge and collect
the following fees:
1.
For copies of papers and records not required to be certified or
otherwise authenticated by the board, 15 cents for each folio; for certi-

TEXT OF LAW S— M O N TAN A.

641

fied copies of official documents and orders filed in its office or of the
evidence taken at any hearing, 20 cents for each folio.
2. To fix and collect reasonable charges for publications issued under
its authority.
3. The tees charged and collected under this section shall be paid,
monthly into the treasury of the State to the credit of the industrial
administration fund, and shall be accompanied by a detailed state
ment thereof.
(q) The attorney general shall be the legal adviser of the board and
shall represent it in all proceedings whenever so requested by the
board or any member thereof.
Sec. 3 (as amended by chapter 100, acts of 1919). (a) In an action Defenses abroto recover damages for personal injuries sustained by an employee in ^
the course of his employment, or for death resulting from personal in
juries so sustained, it shall not be a defense (1) that the employee was
negligent, unless such negligence was willful; (2) that the injury was
caused by the negligence of a fellow employee; (3) that the employee
had assumed the risks inherent in, incident to, or arising out of his em
ployment, or arising from the failure of the employer to provide and
maintain a reasonably safe place to work or reasonably safe tools or
appliances.
(b) The provisions of section 3 (a) shall not apply to actions to recover Exceptions,
damages for personal injuries sustained by household or domestic ser
vants, farm, or other laborers engaged in agricultural pursuits, or per
sons whose employment is of a casual nature.
(c) Any employer who elects to pay compensation as provided in Employers acthis act shall not be subject to the provisions of section 3 (a), nor shall cep g
such employer be subject to any other liability whatsoever for the death
of or personal injury to any employee except as in this act provided;
and except as specifically provided in this act, all causes of action,
actions at law, suits in equity, and proceedings whatever, and all stat
utory and common-law rights and remedies for, and on account of
such death of or personal injury to any such employee are hereby
abolished: Provided, That section 3 (a) shall not apply to actions brought
by an employee who has elected not to come under this act, or by his
representatives, for damages for personal injuries or death against an
employer who has elected to come under this act.
(d) Where both the employer and employee have elected to come
exclusive
under this act, the provisions of this act shall be exclusive, and such r m y wnen*
election shall be held to be a surrender by such employer ana such em
ployee of their right to any other method, form, or kind of compensa
tion, or determination thereof, or to any other compensation, or kind
of determination thereof, or cause of action, action at law, suit in equity,
or statutory or common law, right, or remedy, or proceeding whatever,
for, or on account of, any personal injury to or death of such employee,
except as such rights may be hereinafter specifically granted; and such
election shall bind the employee himself and in case of death shall
bind his personal representative and all persons having any right or
claim to compensation for his injury or death, as well as the employer,
and those conducting his business during liquidation, bankruptcy, or
insolvency.
(e) Where a public corporation is the employer, or any contractor Pl3?lic emPloy“
engaged in the performance of contract work for such public corpora- ments#
tion, the terms, conditions, and provisions of compensation plan num
ber three shall be exclusive, compulsory, and obligatory upon both
employer and employee. Any sums necessary to be paid under the
provisions of this act by any public corporation shall be considered to be
ordinary and necessary expenses of such corporation, and the governing
body of such public corporation shall make appropriation of and pay
such sums into the accident or administration fund, as the case may be,
at the time and in the manner proviced for in this act, notwithstand
ing that such governing body may have failed to anticipate such ordi
nary and necessary expense in any budget, estimate of# expenses,
appropriation, ordinance, or otherwise. Whenever any contractor en
gaged in the performance of contract work for any public corporation
is the employer, such public corporation upon final settlement with the
177982°—21—Bull. 272------ 41

642

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

contractor shall deduct for the benefit of the industrial accident fund
the amount of all premium assessments necessary to be paid by such
contractor under the provisions of this act.
Hazardous em(f) Every employer engaged in the industries, works, occupations,
pioyments.
or employments in this act specified as “ hazardous” may on or before
the 1st day of July, 1915, if such employer be then engaged in such
hazardous industry, work, occupation, or employment or at any time
thereafter, or, if such employer be not so engaged on said date, may on
Election byem- or after thirty days before entering upon such hazardous work, occupapioyers.
tion, or employment, or at any time thereafter, elect whether he will
be bound by either of the compensation plans mentioned in this act.
Such election shall be in the form prescribed by the board, and shall
state whether such employer shall be bound by compensation plan
number one or compensation plan number two or compensation plan
number three, and a notice of such election, with the nature thereof,
shall be posted in a conspicuous place in the place of business of such
employer, and a copy of such notice, together with an affidavit of such
posting, shall be filed with the board.
By employees.
(g) Every employee in the industries, works, occupations, or em
ployment in this act specified as “ hazardous” shall become subject
to and be bound by the provisions of that plan of compensation which
shall have been adopted by his employer, unless such employee shall
elect not to be bound by any of the compensation provisions of this act
and until such employee shall have made such election. Such elec
tion shall be made by written notice in the form prescribed by the
board, served upon the employer, and a copy filed with the board,
together with the proof of such service.
Presumption in
(h) If the employer shall fail to make the election herein provided
case of nonelec- for at the time and in the manner herein prescribed such employer shall
be presumed to have elected not to be bound by the provisions of either
compensation plan number one or compensation plan number two or
compensation plan number three for that fiscal year, unless such em
ployer shall elect to become subject to or bound by this act in the man
ner provided for such election in the first instance. After having once
elected to be bound by one or the other of the compensation plans
provided in this act, such employer shall be bound by such election
for said first fiscal year and each succeeding fiscal year, unless such
employer shall, not less than thirty or more than sixty days prior to the
end of any fiscal year, elect not to be bound by either of such compen
sation plans, after the expiration of said fiscal year or unless he shall
elect to be bound for the succeeding fiscal year by a different compen
sation plan than the one by which he is then governed. Such election
must be made in the manner provided for in reference to the first elec
tion of such employer under this act.
Action to be (i) it is the intention of this act that any employer engaged in hazamrmative.
ardous occupations as defined herein shall, before being bound by
either of the compensation plans herein provided, elect to be so bound
thereby, and that the employee shall be presumed to have elected to
be the subject to and bound by the provisions of the particular plan
which may have been adopted by his employer, unless such employee
shall affirmatively elect not to be bound by this act.
Revocations.
(j) Any employee who has elected not to be bound by the provisions
of this act in the manner herein provided may revoke such election
and elect to come thereunder at any time. Any employer who has
failed to elect to be bound by either one or the other of the compensa
tion plans herein mentioned may, at any time during any fiscal year,
elect to be bound thereby, which said election shall be made as here
inbefore provided; but whenever any employer or employee shall have
elected to come under the provisions hereof, such election, when it
shall have been made, shall bind such employer and employee for tbp
rest of the then fiscal year.
Employee
of
(k ) No compensation shall be paid to any employee, whether such
pioyerf
em" employee Jias elected to come under this act or not, where his em
ployer has failed to elect and has failed to come under one or the other
of the compensation plans herein provided.

TEXT OF LAWS--- MONTANA.

643

Sec. 4 (as amended by ch. 100, acts of 1919). (a) This act is
are ha»intended to apply to all inherently hazardous works and occupations ^ents! em y'
within this State, and it is the intention to embrace all thereof in
sections 4 (b), 4 (c), 4 (d), and 4 (e), and the works and occupations
enumerated in said sections are hereby declared to be hazardous, and
any employer having any workmen engaged in any of the hazardous
works or occupations herein listed shall be considered as an employer
engaged in hazardous works and occupations as to all his employees.
(b) Construction work.—Tunnels, bridges, trestles, subaqueous works,
ditches and canals (other than irrigation without blasting), dock exca
vations, fire escapes, sewers, house moving, house wrecking, iron or
steel frame structures or parts of structures, electric light or power plants
or systems, telegraph or telephone systems, pile driving; steam rail
roads, steeples, towers, or grain elevators not metal framed; dry docks,
•
without excavation; jetties, breakwaters, chimneys, marine railways,
waterworks or water systems; electric railways, cable railways, street
railways, with or without rock work or blasting; erecting fireproof doors
or shutters; steam heating plants; blasting; tanks, water towers, or
windmills, not metal framed; shaft sinking; concrete buildings;
freight or passenger elevators; fireproofing of buildings; galvanized iron
or tin work; gas works or systems; marble, stone, or brick work; road
making, with or without blasting; roof work; safe moving; slate work;
plumbing work, inside or outside; metal smokestacks or chimneys; ex
cavations not otherwise specified; blast furnaces; street or other grad
ing; advertising signs; ornamental work on buildings; ship or boat
building or rigging, with or without scaffolding; carpenter work not
otherwise specified; installation of steam boilers or engines; placing
wires in conduits; installing dynamos; putting up belts for machinery;
marble mantel, stone, or tile setting; metal ceiling work; mill or ship
wrighting; painting of buildings or structures; installation of auto
matic sprinklers; concrete laying in floors, foundations, or street pav
ing; asphalt laying; covering steam pipes or boilers; installation of
machinery not otherwise specified; drilling wells; installing electrical
apparatus or fire-alarm apparatus in buildings; house heating or ven
tilating systems; glass setting; building hothouses; lathing, paper
hanging, plastering, wooden-stair building.
(c) Operation (including repair work) of logging, cable, electric,
street, steam, or other railroads; dredges; interurban electric railroads
using third-rail systems; electric light or power plants; quarries; tele
graph systems; stone crushers; blast furnaces; smelters; coal mines;
gas works; steamboats; tugs and ferries; mines other than coal; steam
heating or power plants; grain elevatois; laundries; waterworks; paper
mills; pulp mills; garbage and fertilizer works.
(d) Factories using power-driving machinery.—Stamping tin metal;
bridge work; railroad, car, or locomotive making or repairing; cooper
age; logging, with or without machinery; sawmills; shingle mills,
staves, veneer, box, lath, packing cases, sash, doors, blinds, barrel, keg,
pail, basket, tub, woodenware, or wooden fiber ware; rolling mills;
making steam shovels or dredges; tanks; water towers; asphalt;
building material not otherwise specified; fertilizer; cement, stone
with or without machinery; kindling wood, masts or spars, with or
without machinery; canneries; metal stamping; creosoting works; ex
celsior; iron, steel, copper, zinc, brass, or lead articles or wares, not
otherwise specified; working in wood not otherwise specified; hard
ware; tile, brick, terra cotta, fire clay, pottery, earthenware, porcelain
ware; peat fuel; briquettes; breweries; bottling works; boiler works;
foundries; machine shops not otherwise specified; cordage; working in
foodstuffs, including oils, fruits, and vegetables; working in wool, cloth,
leather, paper, broom, brush, rubber, or textiles not otherwise specified;
making jewelry; making soap, tallow, lard, grease, condensed milk;
creameries; printing, electrotyping, photo-engraving, engraving and
lithographing; sugar factories.
(e) Miscellaneous work.—Operating stockyards, with or without rail
road entry; packing houses; wharf operations ^artificial ice and refrig
erating or cold-storage plants; tanneries; electric systems not otherwise
specified; theater stage employees, including moving-picture machine
operators; fireworks manufacturing, powder works.

644

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

Employments
S ec . 5. If there be or arise any hazardous occupation or work other
not enumerated, than hereinbefore enumerated it shall become under this act and its

terms, conditions, and provisions as fully and completely as if herein
before enumerated.
Definitions.

S e c . 6 . U n le ss t h e c o u te x t oth erw ise re q u ire d , w ords an d phrases
e m p lo y e d in th is a c t sh a ll h a v e t h e m ea n in g h e rein after d e fin e d .

(a) “ Factories” means undertakings in which the business of work
ing at commodities is carried on with power-driven machinery, whether
in manufacture, repair, or change, and shall include the premises, yards,
and plant of the concern.
(b) “ Workshop” means any plant, yard, premises, room, or place
where power-driven machinery is employed and manual labor is
exercised by way of trade or gain or otherwise in or incidental to the
process of making, altering, repairing, printing, or ornamenting, finish
ing, or adapting for sale or otherwise any article or part of article, ma
chinery, or thing over which premises, room, or place the employer of
the person working therein has the right of access or control.
(cj “ M ill” means any plant, premises, room, or place where machin
ery is used; any process of machinery, changing, altering, or repairing
any article or commodity for sale or otherwise, together with the yards
ana premises which are a part of the plant, including elevators, ware
houses, and bunkers.
(d) “ Mine” means any mine where coal, clay, ore, mineral, gypsum,
or rock is dug or mined underground.
(e) “ Quarry” means an open cut from which coal is mined or clay,
ore, mineral, gypsum, sand, shale, gravel, or rock is cut or taken for
manufacturing, building, or construction purposes.
(f) “ Engineering work” means any work of construction, im
provement, or alteration or repair of buildings, streets, highways, sew
ers, street railways, railroads, logging roads, interurban roads, harbors,
docks, canals; electric, steam, or water power plants; telegraph and
telephone plants and lines; electric light and power lines, and includes
any other work for the construction, alteration, or repair of which
machinery driven by mechanical power is used.
(g) “ Reasonably safe place to work” means that the place of em
ployment has been made as free from danger to the life or safety of the
employee as the nature of the employment will reasonably permit.
(h) “ Reasonably safe tools and appliances” are such tools and appli
ances as are adapted to and are reasonably safe for use for the particular
purpose for which they are furnished, and shall embrace all safety de
vices and safeguards provided or prescribed by the “ safety provisions”
of the act for the purpose of mitigating or preventing a specific danger.
(i) “ Employer” means any person, firm, association, or corporation,
and includes the State, counties, municipal corporations, cities under
special charter and commission form of government, school districts,
towns, or villages, and independent contractors, and shall include the
legal representatives of a deceased employer.
(j) “ Employee” and “ workman” are used synonymously, and mean
every person in this State, including a contractor other than “ an inde
pendent contractor/* who, after July first, 1915, is engaged in the em
ployment of an employer carrying on or conducting any of the indus
tries classified in sections 4 (a), 4 (b), 4 (c), 4 (e), and 5 of this act,
whether by way of manual labor or otherwise or whether upon the prem
ises or at the plant of such employer, or who is engaged in the course of
his employment away from the plant of his employer: Provided,
however,
Injury due to
timd party.6 °

l . I f th e in ju r y to a w ork m an occu rrin g a w a y from th e p la n t of
e m p lo y e r is d u e t o th e n e g lig e n c e or w rong of an oth er n o t in th e
sam e e m p lo y , th e in ju r e d w ork m an , or, if d e a th resu lts fro m s u c h
in ju ry ,' b en eficiaries or d e p e n d e n ts, as th e case m a y b e , s h a ll e le c t
w h eth er to ta k e u n d e r th is a c t or seek a re m e d y a g a in st su c h o th ers;
such e le c tio n shall b e m a d e in a d v a n c e of th e c o m m e n c e m e n t of th e
a c tio n .

2.
If he take under this act, the cause of action against such other
shall be assigned to the State for the benefit of the industrial accident
fund, or the employer or insurer, as the case may be.

TEXT OF LAWS— MONTANA.

645

3. Any such cause of action assigned to the State may be prose
cuted or compromised by the board in its discretion.
4. If such workman, his beneficiaries, or dependents, as the case Waiver by suit.
may be, shall elect to proceed against the person responsible for the
injury, such election shall constitute a waiver of any right to compen
sation under the provisions of this act.
Definitions.
(k) “ Injury” means and shall include death resulting from injury.
(1) “ Beneficiary” means and shall include a surviving wife or
husband and a surviving child or children under the age of sixteen
years, and an invalid child or invalid children over the age of sixteen
years, or if no surviving wife or husband, then the surviving child or
children under the age of sixteen years, and any invalid child or chil
dren over the age of sixteen years in whom shall vest a right to receive
compensation under this act.
(m) “ Major dependent ” means if there be no beneficiaries as defined
in section 6 (1), the father and mother of the survivor of them, if
actually dependent to any extent upon the decedent at the time of
his injury.
(n) “ Minor dependent” means, if there be no beneficiary as defined
in section 6 (1), and if there be no major dependent as defined in sec
tions [sicl 6 (m), the brothers and sisters, if actually dependent upon
the decedent at the time of his injury.
(o)
“ Invalid” means one who is physically or mentally inca
pacitated.
(p) “ Child” shall include a posthumous child, a stepchild, a child
legally adopted prior to the injury, an illegitimate child legitimized
prior to the injury.
(q) “ Injury” or “ injured” refers only to an injury resulting from
some fortuitous event as distinguished from the contraction of disease.
(r) Wherever the singular is used the plural shall be included, and
wherever the plural is used the singular shall be included.
(8) Wherever the masculine gender is used the feminine and neuter
shall be included.
(t) The term “ physician” shall include “ surgeon,’ ’ and in either
case shall mean one authorized by law to practice his profession in
this State.
(u) “ Week” means six working days, but includes Sundays.
(v) “ Wages” mean the average daily wages received by the em
ployee at the time of the injury for the usual hours of employment in
a day, and overtime is not to be considered.
(w) “ W ife” or “ widow” means only a wife or widow living with
or legally entitled to be supported by the deceased at the time of the
injury.
(x) “ Husband” or “ widower” means only a husband or widower
incapable of supporting himself and living with or legally entitled to
be supported by the deceased at the time of her injury.
(y) “ Board” means the Industrial Accident Board of the State of
Montana.
(z) “ Commissioner” means one of the members of the industrial
accident board.
(aa) “ Appointed member of the board” means that member of the
industrial accident board appointed by the governor.
^(bb) “ Order” shall mean and include any decision, rule, regula
tion, direction, requirement, or standard of the board, or any other
determination arrived at or decision made by such board, excepting
general or local orders, as herein specified.
(cc) “ General order” shall mean and include such order made
under the safety provisions of this act as applies generally throughout
the State to all persons, employments, or places of employment, or
employees working in such places of employment classed as hazardous
in this act.
(dd) “ Local order” shall mean and include any ordinance, order,
rule, or determination of any public corporation, or any order or
direction of any other public official, board, or department upon any
matter over which the industrial accident board has jurisdiction.
(ee) “ Pay roll,” “ annual pay roll,” or “ annual pay roll for the
preceding year” means the average annual pay roll of the employer

646

w o r k m e n ’s

COMPENSATION LAWS OF THE UNITED STATES.

for the preceding calendar year, or if the employer shall not have
operated a sufficient, or any, length of time during such calendar
year, twelve times the average monthly pay roll for the current year:
Provided, That an estimate may be made by the board for any em
ployer starting in business where no average pay rolls are available,
such estimate to be adjusted by additional payment by the employer
or refund by the board, as the case may actually be, on December 31st
of such current year.
(ff) “ Year,” unless otherwise specified, means calendar year.
“ Fiscal year” means the period of time between the firpt day of July
and the 30th day of the succeeding June.
(gg) “ Public corporation” means the State, or any county, munici
pal corporation, school district, city, city under commission form of
government, or special charter, town or village.
(hh) “ Insurer” means any insurance company authorized to trans
act business in this State insuring any employer under this act.
(ii)
“ Casual employment” means employment not in the usual
course of trade, business, profession, or occupation of the employer.
(jj) “ The plant of the employer” shall include the place of business
of a third person while the employer has access to or control over
such place of business for the purpose of carrying on his usual trade,
business, or occupation.
(kk) “ An independent contractor” is one who renders service in
the course of an occupation, representing the will of his employer only
as the result of his work and not as to the means by which it is accom
plished.
Payments to
S ec . 7. (a) In computing compensation to children and to brothers
ceasevrhen.
and sisters, only those under sixteen years of age, or invalid children
over the age of sixteen years, shall be included, and in the case of
invalid children only during the period in which they are under that
disability (within the maximum time limitations elsewhere in this act
provided) after which payment on account of such person shall cease.
Compensation to children or brothers or sisters (except invalids) shall
cease when such persons reach the age of sixteen years.
(b)
If any beneficiaries or major or minor dependents of a deceased
employee die, or if the widow or widower remarry, the right of such
beneficiary or major or minor dependent, or such widow or widower, to
compensation under this act shall cease.
Nonresident
S ec . 8. (a) No compensation under this act, except as otherwise
beneficiaries.
provided by treaty, shall be paid to any major or minor dependents
not residing within the United States at the time of the injury to the
decedent.
(b) Except as otherwise provided by treaty, no compensation in
excess of fifty per centum of the compensation provided in this act
shall be payable to any beneficiary not residing within the United
States at the time of the injury to the decedent: Provided, however,
That no compensation shall be allowed to any nonresident, alien beneficipy who is a citizen of a Government having a compensation law
which excludes citizens of the United States, either resident or non
resident, from partaking of the benefit of such law in the same degree
as herein extended to nonresident beneficiaries.
(c) Nothing in section 8 (b) shall prevent the compromise of any
sums due a beneficiary not residing in the United States at the time
of the injury to the decedent for a sum less than fifty per centum of the
compensation provided in this act, upon the approval of the board of
such compromise settlement.
(d) Before payment of compensation to a beneficiary not residing
within the United States, satisfactory proof of such relationship as to
constitute a beneficiary under this act shall be furnished by such
beneficiary duly authenticated under seal of an officer of a court of law
in the country where such beneficiary resides, at such times and in such
manner as may be required by the board. And such proof shall be
conclusive as to the identity of such beneficiary, and any other claim
of any other person to any such compensation shall be barred from
and after the filing of such proof.
me^sW*mayPabe • ®EC:
(a) Payment of compensation to a beneficiary not residmade.
ing within the United States may be made to any plenipotentiary
or consul or consular agent within the United States representing

TEXT OF LAWS— MONTANA.

647

the country in which such nonresident beneficiary resides, and the
written receipt of such plenipotentiary or consul or consular agent
shall acquit the employer, the insurer, or the board, as the case may be.
(b) Where payment is due to a child under sixteen years of age Payments to
or to a person adjudged incompetent the same shall be made to the Suardiansparent or to the duly appointed guardian, as the case may be, and the
written receipt of such parent or guardian shall acquit the employer,
the insurer, or board, as the case may be. In other cases payment shall
be made to the person entitled thereto or to his duly authorized repre
sentative.
S e c . 10 (as amended by chapter 100, acts of 1919). (a) In case of Limitations,
personal injury or death all claims shall be forever barred unless pre
sented in writing under oath to the employer, the insurer, or the board,
as the case may be, within six months from the date of the happening
of the accident, either by the claimant or someone legally authorized
to act for him in his behalf.
(b) No limitations of time, as provided in this act, shall run as against
any injured workman who is mentally incompetent and without a
guardian or an injured minor under sixteen years of age who may be
without a parent or guardian. A guardian in either case may be ap
pointed by any court of competent jurisdiction, in which event the
period of limitation, as provided in section 10 (a), shall begin to run
on the date of the appointment of such guardian, or when such minor
arrives at the age of sixteen years.
S e c . 11. (a) Where any employer procures any work to be done,
Contractors'
wholly or in part for him by a contractor other than an independent employees*
contractor, and the work so procured to be done is a part or process in
the trade or business of such employer, then such employer shall be
liable to pay all compensation under this act to the same extent as if the
work were done without the intervention of such contractor. And the
work so procured to be done shall not be construed to be “ casual
employment.”
(b) Where any employer procures work to be done as specified in
section 1 1 (a), such contractor and his employees shall be presumed to
have elected to come under that plan of compensation adopted by the
employer, unless they shall have otherwise elected, as provided herein.
(c) Where any employer procures any work to be done, wholly or in
part for him, by a contractor, where the work so procured to be done is
casual employment as to such employer, then such contractor shall
become the employer for the purposes of this act.
(d) Where any employer procures any work to be done, payment
for which is to be made in property other than money or its equivalent*
and the value of which property is speculative or intangible, the wages
of the employees receiving such compensation shall be determined by
the board in accordance with the going wage for the same or similar
work in the district or locality where the same is. to be performed:
Provided, however, That where an employer procures any work to be done
by any contractor, or through him by a subcontractor, the payment for
which is to be made in property other than money or its equivalent,
and the value of which property is speculative or intangible, then and
in that event the employer shall not be liable for compensation, but
such liability shall fall upon the contractor or subcontractor, as the
case may be.
S e c . 12. (a) If an injured employee dies and the injury was the Injury proxlproximate cause of such death, then the beneficiary or the major or
CaUS6
minor dependents of the deceased, as the case may be, shall receive
the same compensation as though the death occurred immediately
following the injury, but the period during which the death benefit
shall be paid shall be reduced by the period during or for which com
pensation was paid for the injury.
(b) If the employee shall die from some cause other than the injury, Death from
there shall be no liability for compensation after his death.
ot r cause*
(c) The question as to who constitutes a beneficiary or a major or Dependency
minor dependent shall be determined as of the date of the happening when.rm ln *
of the accident to the employee, whether death shall immediately
result therefrom or not.

648

w o r k m e n ’s c o m p e n sa t io n la w s of t h e u n it e d sta tes .

Medical examlSec. 13. (a) Whenever in case of injury the right to compensation
nations.
under this act would exist in favor of any employee, he shall, upon the

written request of his employer or the insurer, submit from time to
time to examination by a physician, who shall be provided and paid
for by such employer or insurer, and shall likewise submit to examina
tion from time to time by any physician selected by the board or any
members or examiner or referee thereof.
(b) The request or order for such examination shall fix a time and
place therefor, due regard being had to the convenience of the em
ployee and his physical condition and ability to attend at the time and
place fixed. The employee shall be entitled to have a physician, pro
vided and paid for by himself, present at any such examination. So
long as the employee^ after such written request, shall fail or refuse to
submit to such examination, or shall in any way obstruct the same,
his right to compensation shall be suspended. Any physician em
ployed by the employer, the insurer, or the board who shall make or
be present at any such examination may be required to testify as to
the results thereof.
Contracts for Sec. 14. (a) Nothing in this act shall be construed as preventing
hospital benefits. empi0yers and workmen from waiving the provisions of section 16 (f)
of this act and entering into mutual contracts or agreements providing
for hospital benefits and accommodations to be furnished to the em
ployee.
(b)
Such hospital contract or agreements must provide for medical,
hospital, and surgical attendance for such employee for sickness con
tracted during the employment, except venereal diseases and sick
ness as a result of intoxication, as well as for injuries received arising
out of and in the course of the employment.
Limit on as- (c ) No assessment of employees for such hospital contracts or benefits
sessments.
shall exceed $ 1 per month for each employee, except in cases where it
shall appear to the satisfaction of the board, after a hearing had for
that purpose, that the actual cost of such service exceeds the said sum
of $ 1 per month, and any such finding of the board may be modified
at any time when justified by a change of conditions or otherwise,
either upon the board’s own motion or the application of any party in
interest.
Profits.
(d) No profit, directly or indirectly, shall be made by any employer
as a result of such hospital contract or assessments. It is the purpose
and intent of this act to provide that where hospitals are maintained
by employers such hospitals shall be no more than self-supporting from
assessment of employees, and that where hospitals are maintained by
other than the employer all sums derived by assessment of employees
shall be paid in full to such hospital without deduction by the em
ployer.
Supervision by
(e) Each and every hospital maintained wholly or in part by paymerits from workmen, which furnishes treatment and services to
employees for sickness and injury, as provided in this act, shall be
under the supervision of the board as to the services and treatment
rendered such employees, and shall from time to time make reports of
such services, attendance, treatments, receipts, and disbursements
as the board may require.
Malpractice.
(f) Neither an employer, an insurer, nor the board shall be liable in
any way for any act in connection with the treatment or care, or mal
practice in treatment or care, of any sickness or injury sustained by an
employee or the beneficiary of any hospital contract, where such act
or treatment or malpractice in treatment is caused, or alleged to have
been caused, by any physician, hospital, or attendant furnished by
such employer, insurer, or the board. In any action for malpractice
arising out of the operations of this act the merits of such action shall be
investigated by the industrial accident board, and the finding of the
board in relation thereto shall be filed with the clerk of the court in
which such action is pending.
Same.
S ec. 15. In any action to recover damages for any act connected
with the treatment or care or malpractice in treatment or care of any
sickness of or injury sustained by an employee the question of whether
or not due care was given by the defendants shall be a question of law
or the court.

TEXT OF LAWS— MONTANA.

649

, S ec . 16 (as amended by chapter 100, acts of 1919). Every employer r ? ? iat parties
who shall become bound by and subject to the provisions of compensation plan number one, and every employer and insurer 'who shall be
come bound by and subject to the provisions of compensation plan
number two, and the industrial accident fund “where the employer of
the injured employee has become bound by and subject to the pro
visions of compensation plan number three, shall be liable for the pay
ment of compensation in the manner and to the extent hereinafter
provided to an employee *who has elected to come under this act and
who shall receive an injury arising out of and in the course of his em
ployment, or in the case of his death from such injury to his bene
ficiaries, if any; or, if none, to his major dependents, if any; or, if none,
to his minor dependents, ii any.
(a) For an injury producing temporary total disability, fifty per Compensation
centum of the “wages received at the time of the injury, subject to a
maximum compensation of twelve dollars and fifty cents per week and Temporary toa minimum compensation of six dollars per week: Provided, That if at
the time of injury the employee received wages of less than six dollars
per week, he shall receive the full amount of such wages per week.
Such compensation shall be paid during the period of disability, but
not, however, in any event, exceeding 300 weeks.
(b) For an injury producing total disability permanent in character, Permanent tofifty per centum of the wages received at the time of the injury, subjectta <^
y:
to a maximum compensation of twelve and one-half dollars per week
and a minimum compensation of six dollars per week: Provided, That
if at the time of the injury the employee received wages of less than six
dollars per week, then he shall receive the full amount of such Wages
per Week. Such compensation shall be paid during the period of dis
ability, not exceeding 400 weeks, after which time payment'shall con
tinue during disability at the rate of five dollars per week.
(c) For an injury producing partial disability, one-half of the differdisa"
ence between the wages received at the time of the injury and the
y;
wages which such injured employee is able to earn thereafter, not
exceeding, however, one-half the maximum compensation allowed in
cases of total disability, and not exceeding seventy-five per cent of the
total compensation provided in this act for the total loss of the member
causing such partial disability. Such compensation shall be paid
during the period of disability, not exceeding, however, one hundred
and fifty week [weeks] in cases of permanent partial disability and fifty
weeks in cases of temporary partial disability.
(d) Where the injury causes death, fifty per centum of the wages Death,
received at the time of the injury to his beneficiaries, if any, residing
within the United States at the date of the happening of the injury,
or if residing outside of the United States, fifty per centum of such
compensation, or if none, then forty per centum of the wages received
at the time of the injury to his major dependents, if any, if residing in
the United States at the date of the happening of the injury, or if none,
then thirty per centum of the wages received at the time of the injury
to his minor dependents, if any, residing within the United States at
the date of the happening of the injury, subject to a maximum com
pensation of twelve and 50/100 dollars per week and a minimum com
pensation of six dollars per week, for a period not exceeding four hun
dred weeks: Provided, That if at the time of the injury -the employee
received wages of less than six dollars per week, the full amount of
such wages per week for a period of not exceeding four hundred weeks.
(e) There shall be paid, in addition to other compensation, if death B u rial exoccurs within six months of the happening of the injury, the reasonable penses*
burial expenses of the employee, not exceeding $75. If the employee
leaves no beneficiaries or major or minor dependents, this shall be the
only compensation.
(f) During the first two weeks after the happening of the injury the Medical and
employer or insurer or the accident fund, as the case may be, shall osp
servlces*
furnish reasonable medical and hospital services and medicines as and
when needed, in an amount not to exceed fifty dollars in value, except
as otherwise in this act provided, and when the employer is a party to
a hospital contract, unless the employee shall refuse to allow them to
be furnished.

650

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 i t e d s t a t e s .

Waiting time.

(g) No compensation shall be allowed or paid during the first two
weeks of any injury, except as may be required by the provisions of
section 16 (f).
- Order of pay- (h) Compensation for all classes of injuries shall run consecutively
and not concurrently, and as follows: First, the two weeks’ medical
and hospital services and medicines as provided in section 16 (f), un
less the employee is a contributor to a hospital fund, as otherwise in
this act provided; after the first two weeks, compensation as provided
in section 16 (a) or 16 (b) or 16 (c ); following either or none of the above,
compensation as provided in section 16 (i); following any or either or
none of the above, if death results from the accident within six months
of the date of the injury, burial expenses as provided in section 16 (e);
following which, compensation to beneficiaries, if any; following which,
if no beneficiaries, compensation to major dependents; following which,
if no beneficiaries and no major dependents, compensation to minor
dependents, if any: Provided, That no compensation shall be paid to a
major or minor dependent who does not reside within the United
States or who did not reside within the United States at the date of
the happening of the injury. Compensation due to beneficiaries shall
be paid to the surviving spouse, if any, or if none,then divided equally
among or for the benefit of the children. Compensation due to maior
dependents, where there be more than one, shall be divided equally
among them.
Specified in (i) In case of the following specified injuries, the compensation in
lries'
lieu of any other compensation provided by this act other than that
provided m section 16 (f), unless the employee is a contributor to a
hospital fund, as otherwise in this act provided, shall be fifty per
centum of the wages received at the time of the injury, subject to a
maximum compensation of twelve and one-half dollars ($12.50) per
week and a minimum compensation of six dollars per week: Provided,
That, if at the time of the injury the employee received wages of less
than six dollars per week, then he shall receive the full amount of such
wages per week, and shall be paid for the following periods:
For the loss of:
One arm at or near shoulder.................................................... 200 weeks
One arm at the elbow............................................................... 180 weeks
One arm between wrist and elbow.......................................... 160 weeks
One hand.................................................................................... 150 weeks
One thumb and the metacarpal bone thereof....................... 60 weeks
One thumb at the proximal joint............................................ 30 weeks
One thumb at the second distal joint..................................... 20 weeks
One first finger and the metacarpal bone thereof.................. 30 weeks
One first finger at the proximal jo in t...................................... 20 weeks
One first finger at the second joint.......................................... 15 weeks
One first finger at the distal joint............................................ 10 weeks
One second finger and the metacarpal bone thereof............. 30 weeks
One second finger at the proximal joint................................. 15 weeks
One second finger at the second joint..................................... 10 weeks
One second finger at the distal joint.......................................
5 weeks
One third finger and the metacarpal bone thereof................ 20 weeks
One third finger at the proximal joint.................................... 12 weeks
One third finger at the second joint.......................................
8 weeks
One third finger at the distal joint..........................................
4 weeks
One fourth finger and the metacarpal bone thereof.............. 12 weeks
One fourth finger at the proximal joint..................................
9 weeks
One fourth finger at the second joint......................................
6 weeks
One fourth finger at the distal joint........................................
3 weeks
One leg at or [so] near the hip joint as to preclude the use of
an artificial limb.................................................................... 180 weeks
^
1
x
1
1
"
remains suffi150 weeks
140 weeks
One foot at the ankle..........................................
125 weeks
One great toe with the metatarsal bone thereof
30 weeks
One great toe at the proximal joint..................
15 weeks
One great toe at the second joint...................... .
10 weeks

TEXT OF LAWS----MONTANA.

651

One toe other than the great toe with the metatarsal bone
thereof.................................................................................... 12 weeks
6 weeks
One toe other than the great toe at proximal joint...............
One toe other than the great toe at second or distal join t.. .
3 weeks
One eye blind by enucleation.................................................120 weeks
Total blindness of one eye....................................................... 100 weeks
The loss of both hands, or both arms, or both feet, or both legs, or
both eyes, or any two thereof, in the absence of conclusive proof to
the contrary, shall constitute total disability permanent in character.
(j) A workman in order to be entitled to compensation for hernia Hernia,
must clearly prove: (1) That the hernia is of recent origin, (2) that its
appearance was accompanied by pain, (3) that it was immediately
preceded by some accidental strain suffered in the course of the em
ployment, and (4) that it did not exist prior to the date of the alleged
injury. If a workman, after establishing his right to compensation for
hernia as above provided, elects to be operated upon, a special opera
ting fee of not to exceed fifty dollars shall be paid by the employer, the
insurer, or the board, as the case may be. In case such workman elects
not to be operated upon, and the nemia becomes strangulated in the
future, the results from such strangulation will not be compensated.
(k) For the purpose of section 16 (i) the complete paralysis of an arm, Paralysis,
hand, foot, or leg shall be considered the loss of such member. For
the purpose of section 16 (i) the complete paralysis of both arms, both
hands, both feet, or both legs, or any two of them, shall be considered
the loss of such members.
(1) Should a further accident occur to a workman who is already. Subsequent inreceiving compensation hereunder, or who has been previously th ejunes*
recipient of a payment or payments under this act, his further com
pensation shall be adjusted according to the other provisions of this
act, and with regard to the combined effect of his injuries and his past
receipt of compensation.
(m) If aggravation, diminution, or termination of disability takes R e v i s i o n of
place, or be discovered after the rate of compensation shall have been awar
established, or compensation terminated in any case, where the maxi
mum payments for disabilities as provided in this act have not been
reached, such changes may be adjusted for future application of com
pensation in accordance with the provisions hereof, or in a proper case
terminate the payments.
(n) All payments of compensation, as provided in this act, shall be P a y m e n ts
made monthly, except as otherwise provided herein.
monthly.
(o)
The monthly payments provided for in this act may be con- Lumpsums,
verted, in whole or m part, into a lump-sum payment, which lump
sum payment shall not exceed the estimated value of the present
worth of the deferred payments capitalized at the rate of five per
centum per annum. Such conversion can only be made upon the
written application of the injured workman, his beneficiary, or major
or minor dependents, as the case may be, and shall rest in the discre
tion of the board, both as to the amount of such lump-sum payment
and the advisability of such conversion. The board is hereby vested
with full power, authority, and jurisdiction to compromise claims and
to approve compromises of claims under this act; and all settlements
and compromises of compensation provided in this act shall be abso
lutely null and void without the approval of the board.
S e c . 17. (a) No payments under this act shall be assignable, subject P a y m e n t s
to attachment or garnishment, or be held liable in any way for any exemPtdebts.
(b)
In case of bankruptcy, insolvency, liquidation, or the failure Preferences of
of an employer or insurer to meet any obligations imposed by this act, payments‘
every liability which may be due under this act shall constitute a first
lien upon any deposit made by such employer or insurer, and if such
deposit shall not be sufficient to secure the payment of such liability
in the manner and at the times provided for in this act the deficiency
shall be a lien upon all the property of such employer or insurer within
this State, and shall be prorated with other lienable claims and shall
have preference over the claim of any creditor or creditors of such
employer or insurer except the claims of other lienors.

652

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 i t e d s t a t e s .

(c) No agreement by an employee to waive any rights under this act
for an injury to be received shall be valid.
Misrepresen t a- (d) Any employer who shall misrepresent to the board the amount
tlonsof a pay roll upon which the premiums or assessments under compen
sation plan number three are to be levied, or upon which fees for fac
tory inspection, subsequent inspection, or reinspection, as elsewhere
provided in this act, are based, snail be liable to the State in ten times
the amount of difference between the amount paid and the amount
which should have been paid. Such liability may be recovered in a
civil action brought in tne name of the State. All sums collected
under this section shall be paid into the fund to which the original
payments were or should have been credited.
interstate com- (e) The provisions of this act shall not apply to any railroad engaged
mercein interstate commerce, except that railroad construction work shall
be included in and subject to the provisions of this act.
Reports of pay- (f) Every employer coming under the provisions of compensation
ments.
p|an mim|3er one and every insurer coming under the provision of com
pensation plan number two shall, on or before the fifteenth day of each
and every month, file with the industrial accident board duplicate
receipts for all payments made during the previous month to injured
workmen or their beneficiaries or dependents, and statements showing
the amounts expended during the previous month for medical, surgical,
and hospital services and for the burial of injured workmen.
Notice.
(g) No claims to recover compensation under this act for injuries not
resulting in death shall be maintained unless, within sixty days after
the occurrence of the accident which is claimed to have caused the
injury, notice in writing, stating the name and address of the person
injured, the time and the place where the accident occurred, and the
nature of the injury, and signed by the person injured, or some one in
his behalf, shall be served upon the employer or the insurer: Provided,
however, That actual knowledge of such accident and injury on the
part of such employer or his managing agent or superintendent in
charge of the work upon which the injured employee was engaged at
the time of the injury shall be equivalent to such service.
Reports of acci- (h) Every employer of labor and every insurer is hereby required
dents*
to file with the board, under such rules and regulations as the board
may from time to time make, a full and complete report of every acci
dent to an employee arising out of or in the course of his employment
and resulting in loss of life or injury to such person. Such reports shall
be furnished to the board in such form and such detail as the board shall
from time to time prescribe, and shall make specific answer to all ques
tions required by the board under its rules and regulations, except, in
case he is unable to answer any such questions, a good and sufficient
reason shall be given for such failure.
inform at i ° n (i) No information furnished to the board by an employer or an
confidential.
insurer shall be open to public inspection or made public except on
order of the board, or by the board or a member of the board in the
course of a hearing or proceeding. Any officer or employee of the
board who, in violation of the provisions of this section, divulges any
information shall be guilty of a misdemeanor.
Mortality table, (j) Whenever it is necessary to estimate the sum of money to set
aside as a reserve in any case, the American Experience Table of
Mortality shall be used.
Deducting
(k) It shall be unlawful for the employer to deduct or obtain any
wages.
part of any premium required to be paid by this act from the wages or
earnings of his workmen, or any of them, and the making or attempt to
make any such deduction shall be a misdemeanor, except that nothing
in this section shall be construed as prohibiting contributions by em
ployees to a hospital fund, as elsewhere in this act provided.
Hearings
by S ec . 18. (a) All hearings and investigations before the board, or any
board.
member thereof, shall be governed by this act and by rules of practice
and procedure to be adopted by the Doard, and in the conduct thereof
neither the board nor any member thereof shall be bound by the tech
nical rules of evidence. No informality in any proceedings or in the
manner of taking testimony shall invalidate any order, decision,
award, rule, or regulation made, approved, or confirmed by the board.
Waivers.

TEXT OE LAWS--- MONTANA.

653

(b) The board, or any member thereof, or any party to the action or
proceeding may, in any investigation or hearing before the board, cause
the deposition of witnesses residing within or without the State to be
be taken in the manner prescribed by law for like depositions in civil
actions in the district courts of this State, and to that end may compel
the attendance of witnesses and the production of books, documents,
papers, and accounts.
(c) The board is hereby vested with full power, authority, and juris Powers.
diction to do and perform any and all things, whether herein spe
cifically designated or in addition thereto, which are necessary or con
venient in the exercise of any power, authority, or jurisdiction con
ferred upon it under this act.
(d) The board and each member thereof shall have power to issue
writs of summons, warrants of attachment, warrants of commitment,
and all necessary process in proceedings for contempt in like manner
and to the same extent as courts of record. The process issued by the
board, or any member thereof, shall extend to all parts of the State and
may be served by any persons authorized to serve process of courts of
record, or by any person designated for that purpose by the board, or
any member thereof.
The person executing any such process shall receive such compen
sation as may be allowed by the board, not to exceed the fees now pre
scribed by law for similar service and such fees shall be paid in the
same manner as provided herein for the fees of witnesses.
(e) The board and each member thereof, its secretary and referees,
shall have the power to administer oaths, certify to all official acts, and
to issue subpoenas for the attendance of witnesses and the production
of papers, books, accounts, documents, and testimony in any injury
[inquiry], investigation, hearing, or proceeding in any part of the Sta'te.
Each witness who shall appear by order of the board, or any member
thereof, shall be entitled to receive, if demanded, for his attendance the
same fees and mileage allowed by law to a witness in civil cases in the
district court, which amount shall be paid by the party at whose re
quest such witness is subpoenaed, unless otherwise ordered by the
board. When any witness who has not been required to attend at the
request of any party is subpoenaed by the board his fees and mileage
may be paid from the funds appropriated for the use of the board in the
same manner as other expense[s] of the board are paid. Any witness
subpoenaed, except one whose fees and mileage may be paid from the
funds of the board, may at the time of service demand the fee to which
he is entitled for travel to and from the place at which he is required to
appear, and one day’s attendance. If such witness demands such fees
at the time of service and they are not at that time paid or tendered,
he shall not be required to attend before the board, or a member
thereof or referee, as directed in the subpoena.
(f) The district court in and for the county in which any inquiry, Aid by courts.
investigation, hearing, or proceeding may be held by the board, or any
member thereof, shall have the power to compel the attendance of
witnesses, the giving of testimony, and the production of papers, books,
accounts, and documents as required by any subpoena issued by the
board or any member thereof. The board, or any member thereof, be
fore whom the testimony is to be given or produced, in case of the re
fusal of any witness to attend or testify or produce any papers required
by such subpoena, may report to the district court in and for the county,
in which the proceeding is pending, by petition, setting forth that due
notice has been given of the time and place fixed for the attendance of
said witness or the production of said papers, and that the witness has
been summoned in the manner prescribed in this act, and that the wit
ness has failed and refused to attend, or produce the papers required by
the subpoena before the board, or any member thereof, in the case or
proceeding named in the notice and subpoena, or has refused to answer
questions propounded to him in the course of such proceedings, and ask
an order of said court compelling the witness to attend and testify or
produce said papers before the board. The court, upon the petition
of the board, or any member of the board, shall enter an order directing
the witness to appear before the court at the time and place to be fixed
by the court in such order not more than ten days from the date of the

654

w o r k m e n ’s COMPENSATION LAWS OF THE UNITED STATES.

order, and then and there show cause why he had not attended or tes
tified or produced such papers before the board. A copy of said order
shall be served upon said witness. If it shall appear to the court that
said subpoena was regularly issued by the board, or a member thereof,
and regularly served, the court shall thereupon enter an order that said
witness appear at the time and place fixed in said order and testify or
produce the required papers, and upon failure to obey said order, said
witness shall be dealt with as for contempt of court. The remedy pro
vided in this section is cumulative and shall not be construed to impair
or interfere with the power of the board, or a member thereof, to en
force the attendance of witnesses and the production of papers and to
punish for contempt in the same manner and to the same extent as
courts of record.
^Copies as evi- (g) Copies of official documents and orders filed or deposited accord
dence.
ing to law in the office of the board, certified by a member of the board
' or by the secretary under the official seal of the board to be true copies
of the original, shall be evidence in like manner as the originals.
Costs.
(h)
The costs and disbursements, incurred in any proceeding or
hearing before the board, or a member thereof, may be apportioned
between .the parties on the same or adverse sides in the discretion of
the board.
Records to be S ec . 19. The books, records, and pay rolls of the employer, pertinent
open'
to the administration of this act, shall always be open to inspection by
the board or any duly authorized employee thereof, for the purpose of
ascertaining the correctness of the pay roll, the number of men em
ployed, and such other information as may be necessary for the board
and its management under this act. Refusal on the part of the em
ployer to submit said books, records, and pay rolls for such inspection
shall subject the offending employer to a penalty of one hundred dol
lars for each offense, to be collected by civil action in the name of the
State and paid into the industrial administration fund.
Proceedings.
s Ec. 20. (a) All proceedings’ to determine disputes or controversies
arising under this act shall be instituted before the board and not else
where, and heard and determined by them, except as otherwise in
this act provided, and the board is hereby vested with full power,
authority, and jurisdiction to try and finally determine all such matters,
subject only to review in the manner and within the time in this act
provided.
Orders, etc.
(b) All orders, rules, and regulations, findings, decisions, and awards
of the board in conformity with law shall be in force and shall be prima
facie lawful; and all such orders, rules, and regulations, findings, deci
sions, and awards shall be conclusively presumed to be reasonable and
lawful, until and unless they are modified or set aside by the board or
upon review.
Awards.
(c) After the final hearing by the board it shall, within thirty days,
make and file its findings upon all facts involved in the controversy
and its award, which shall state its determination as to the right of the
parties.
Forms
of (d) The board in its award may fix and determine the total amount
awards.
0f compensation to be paid and specify the manner of payment, or may
fix and determine the weekly disability indemnity to be paid, and
order payment thereof during the continuance of such disability:
Provided, however, That the payment of such award and indemnity
shall be in the same manner as that of undisputed awards and indem
nities coming within the particular plan provided for in this act to
which said award and indemnity belong.
Nomi nal
(e) If in any proceeding it is proved that an accident has happened
awar *
for which the employer would be liable to pay compensation if disa
bility has resulted therefrom, but it is not proved that an incapacity
has resulted, the board may, instead of dismissing the application,
award a nominal disability indemnity if it appears that disability is
likely to result at a future time.
Reviews.
(f) The board shall have continuing jurisdiction over all its orders,
decisions, and awards, and may at any time, upon notice and after
opportunity to be heard is given to the parties in interest, rescind, alter,
or amend any such order, decision, or award made by it upon good
cause appearing therefor. Any order, decision, or award rescinding,

TEXT OF LAWS— MONTANA.

655

altering, or amending a prior order, decision, or award shall have the
same affect [effect] as original orders or awards.
(g) A full and complete record shall be kept of all proceedings and
hearings had before the board, or any member thereof, of any formal Records,
hearing had, and all testimony produced before the board or any mem
ber thereof, shall be taken down by a stenographic reporter appointed
by the board, and the parties shall be entitled to be heard in person or
by attorney: In cases of an action to review any order or decision of
tne board, a transcript of such testimony, together with all exhibits,
and of the pleadings, records, and proceedings in the cause, shall con
stitute the record of the board.
(h) No orders or decisions of the board shall be subject to collateral Review of orattack, and may be reviewed or modified only in the manner provided s'
herein.
S ec . 21. (a)^ At any time within twenty days after the service of any Rehearings,
order or decision of the board any party or parties aggrieved thereby
may apply for a rehearing upon one or more of the following grounds
and upon no other grounds:
1. That the board acted without or in excess of its powers.
2. That the order, decision, or award was procured by fraud.
3. That the evidence does not justify the findings.
4. That the applicant has discovered new evidence, material to him,
and which he could not, with reasonable diligence, have discovered
and produced at the hearing.
5. That the findings do not support the order, decision, or award.
6. That the order, decision, or award is unreasonable.
(b) Nothing contained in section 21 (a) shall, however, be construed
to limit the right of the board, at any time after the date of its award,
and from time to time after due notice and upon the application of any
party interested, to review, diminish, or increase within the limits
provided by this act any compensation awarded upon the grounds that
•
the disability of the person in whose favor such award was made has
either increased or diminished or terminated. *
(c) The application for rehearing shall set forth specifically and in
full detail the grounds upon which the applicant considers said order,
decision, award, rule, or regulation to be unjust or unlawful, and shall
in other respects conform to such rules and regulations as the board
may prescribe.
(d) The board shall have full power and authority to make and
prescribe rules to govern the procedure upon rehearing, and any matter
before it and any order made after such rehearing abrogating or chang
ing the original order shall have the same force and effect as an original
order and shall not affect any right, or enforcement of any right, aris
ing from or by virtue of the original order.
(e) An application for rehearing or the appeal hereinafter provided
shall not excuse any employer, employee, or other person from com
plying with or obeying any order or requirement of the board or operate
in any manner to stay or postpone the enforcement of an order or
requirement thereof, except as the board or the court may direct.
Sec . 22. (a) Within thirty days after the application for a rehearing Appeals,
is denied, or, if the application is granted, within thirty days after the
rendition of the decision on the rehearing, and witmn twenty days
after notice thereof, any party affected thereby may appeal to the
district court of the judicial district of the State of Montana, including
the county in said State wherein the employer may have his place of
residence, or if such employer be a corporation may have its principal
office or place of business, or if said appeal be prosecuted by an injured
workman or his dependents, such appeal may be taken to the district
court wherein is located the county within which such workman was
injured, which said appeal shall be for the purpose of having the law
fulness of the original order, decision, or award, or the order, decision,
or award on rehearing inquired into and determined.
(b)
Said appeal shall be taken by serving a written notice of said
appeal upon the chairman of such industrial accident commission, or
upon any other member thereof, which said service shall be made by
the delivery of a copy of such notice to such chairman or member, and
filing the original with the clerk of the court to which said appeal is

656

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

taken. A copy of such notice must also be served upon the adversary
party, if there be any, by mailing the same to said adversary party to
such address of such party as said party shall have left with the board.
If such party shall have left no address with the board, then no service
upon such party shall be required. The order of filing and service of
said notice is immaterial. Immediately upon service upon said board
of said notice the said board shall certify to said district court the
entire record and proceedings, including all testimony and evidence
taken by said board, with the clerk of said district court. Immedi
ately upon the return of such certified record the district court shall
fix a day for the hearing of said cause, and shall cause notice to be
served upon the board and upon the appellant, and also upon the
adversary party, if there be any. The court may, upon the hearing,
for good cause shown, permit additional evidence to be introduced,
but in the absence of such permission from the court the cause shall
be heard on the record of the board as certified to the court by it. The
trial of the matter shall be de novo, and upon such trial the court shall
determine whether or not the board regularly pursued its authority,
and whether or not the findings of the board ought to be sustained,
and whether or not such findings are reasonable under all the circum
stances of the case.
(c)
The board and each party to the action or proceeding before the
board shall have the right to appear in the proceeding, ana it shall be
the duty of the board to so appear. If the court shall find from such
trial as aforesaid that the findings and conclusions of the board are not
in accordance with either the facts or the law, or that they ought to be
other or different than those made by the board, or that any finding and
conclusion or any order, rule, or requirement of the board is unreason
able, the court shall set aside such finding, conclusion, order, judgment,
decree, rule, or requirement of said board, or shall modify or change the
«
same as law and justice shall require, and the court shall also make and
enter any finding, conclusion, order, or judgment that shall be re
quired or shall be legal and proper in the premises.
Appeal to sn- (d) Either the board or the appellant or any adversary party, if there
preme court.
one^m a y appeai to the Supreme Court of the State of Montana from
any final order, judgment, or decree of the said district court, which
said appeal shall be taken in like manner as appeals are now taken in
other civil actions to the said supreme court, and upon such appeal the
said supreme court shall make such orders in reference to a stay of pro
ceedings as it finds to be just in the premises, and may stay the oper
ation of any order, judgment, or decree of said district court without
requiring any bond or undertaking from the applicant for such stay.
When any such cause is so appealed it shall have precedence upon the
calendar of the said supreme court, and shall be tried anew by said
supreme court upon the record made in said district court and before
said board, and judgment and decree shall be entered therein as ex
peditiously as possible.
Appropriation. S ec . 23. (a) There is hereby appropriated out of the State treasury
the sum of fifty thousand ($50,000) dollars, or so much thereof as may be
necessary, to be known as the industrial administration fund, out of
which the salaries, traveling and office expenses of the board shall be
paid, and all other expenses incident to the administration of this act.
(b) There is hereby appropriated out of the industrial accident fund
such sums as may be necessary to pay the compensation provided
for in this act.
Construction of Sec. 24. (a) Whenever this act, or any part or section thereof, is interact*
preted by a court, it shall be liberally construed by such court.
(b)
If any section, subsection, subdivision, sentence, clause, para
graph, or phrase of this act is for any reason held to be unconstitutional
or void, such decision shall not affect the validity of the remaining
portions of this act, so long as sufficient remains of the act to render the
same operative and reasonably affective [effective] for carrying out the
main purpose and intention of the legislature in enacting the same as
such purpose and intention may be disclosed by the act.
Disposition of (c) The moneys coming into the industrial accident fund shall be held
runas.
jn trust for the purpose for which such fund is created, and if this act
shall be hereafter repealed, such moneys shall be subject to such dis-

T E X T

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657

position as may be provided by the legislature repealing this act; in
default of such legislative provision, distribution thereof shall be in ac
cordance with the justice of the matter, due regard being had to obli
gations of compensation incurred and existing.
(d)
This act shall not affect any action pending or any cause of Prior causes,
action existing on the thirtieth day of June, 1915
Sec. 25. (a) The board shall, not later than the first day of October Annual reports,
of each year, make a report to the governor covering its entire opera
tions and proceedings for the preceding fiscal year, with such sugges
tions or recommendations as it may deem of value for public informa
tion. A reasonable number of copies of such report shall be printed
for general distribution.
(b)
This act shall take effect and be in force from and after its pas- A ct in effect,
sage and approval, except as to its compensation provisions, which
shall not take effect until the first day of July, 1915.
P a r t II.
compensation plan number one.
S ection 30. (a) Any employer in the industries, trades, works, Electionofsysoccupations, or employments m this act specified as hazardous, by m^ts.(^ :eC^Pay~
filing his election to become subject to and be bound by compensa
tion plan number one, upon furnishing satisfactory proof to the
board of his solvency and financial ability to pay the compensa
tion and benefits in this act provided for, and to discharge all liabil
ities which are reasonably likely to be incurred by him during the
fiscal year for which such election is effective, may, by order of the
said board, make such payments directly to his employees as they
may become entitled to receive the same under the terms and condi
tions of this act.
(b) Every such employer now or hereafter engaged in the State of Proof of sol*
Montana in the industries, trades, works, occupations, or em ploy-vency*
ments herein mentioned, and who shall have elected to be bound
by such compensation plan number one, shall file such proof of his
solvency within the time and in such form as may be prescribed by
the rules or orders of the board.
If such employer making such election shall be found by the board
to have the requisite financial ability to pay the compensation and
benefits in this act provided for, then the board shall grant to such
employer permission to carry on his said business for the fiscal year
within which such election is made and such proof filed, or the remain
ing portion of such fiscal year, and to make such payments directly to his
employees as they may become entitled to receive the same. Every
employer, so long as he continues in his said employment, and so
long as he continues to be bound by such compensation plan number
one, shall, at least thirty days before the expiration of each fiscal year,
renew his application to be permitted to continue to make such pay
ments as aforesaid directly to his employees for the next ensuing fiscal
year and under like circumstances as those mentioned for the granting
of such permission upon such first application, the board may renew
the same from year to year.
(c) The board may at any time require from any employer acting A dd ition a l
under compensation plan nuniber one additional proof of solvency Proof*
and financial ability to pay the compensation provided by this act,
and may at any time, upon notice to such employer of not less than
ten or more than twenty days, after and upon a full hearing, revoke
any order or approval theretofore made.
(d) If said industrial accident board shall find that such employer ^ec^rit?
re‘
has not financial responsibility for the payment of the compensation
w»en«
herein provided to be paid which might reasonably be expected to be
chargeable to such employer during the fiscal year to be covered by
such permission, said industrial accident board must so find, and must
require such employer, before granting to him such permission, or be
fore continuing or engaging in such employment, subject to the pro
visions of compensation plan number one, to give security for such pay-

177982 °—21—Bull. 272------ 42

658

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, which security must be in 3uch an amount as said board shall
find it reasonable and necessary to meet all liabilities of such employer
which may reasonably and ordinarily be expected to accrue during such
fiscal year. Said security must be deposited with the treasurer of the
board and may be a certain estimated per centum of said employer 'a
last preceding* annual pay roll, or a certain per centum of the estab
lished amount of his annual pay roll for said fiscal year, or said security
may be in the form of a bond or undertaking executed to said industrial
accident board in the amount to be fixed by it with two or more, suffi
cient sureties, which undertaking must be conditioned that such em
ployer will well and truly pay, or cause to be paid, all such sums and
amounts for which the employer shall become liable under the terms of
this act to his employees during said fiscal year, or such security may
consist of any State, county, municipal, or school district bonds, or the
bonds or evidence of indebtedness of any individuals or corporations
which the board may deem solvent; and every such deposit and the
character and amount of such securities shall at all times be subject to
approval, revision, or change by the board as in its judgment may be
required, and upon proof of the final payment of the liability for which
such securities are given such securities, or any remaining part
thereof, shall be returned to the depositor. The treasurer of the board
and his bondsmen shall be liable for the value and safe-keeping of all
such deposits or securities, and shall at any time upon demand of the
bondsmen or the depositor or the board account for the same and the
earnings thereof.
Failure to make
(e) Upon the failure of said employer to pay any compensation propayments.
vided for in this act upon the terms and in the amounts and at the times
when the same shall become due and payable, it shall be the duty of
such State accident board, upon demand of the person to whom com
pensation is due, to apply any deposits made with the board to the
payment of the same, and it shall be its duty to take the proper steps
to "convert any securities on deposit with the said board, or sufficient
thereof, into cash and to pay the same upon the liabilities of said em
ployer accruing under the terms of this act, and it shall be its duty, in
so far as the same shall be necessary, to collect and enforce the collec
tion of the liability of all sureties upon any bonds which may be given
by the said employer to insure the payment of his said liability. And
to these ends and for these purposes the board shall be deemed to
be the owner of said deposit and security and the obligee in said bond
in trust for the said purposes and may proceed in its own name to recover
upon such bonds or foreclose and liquidate said securities.
Deposits.
(f) Within thirty days after the happening of an accident where death
or the nature of the injury renders the amount of future payments cer
tain, or reasonably certain, the employer shall make a deposit or give
security as herein defined with the treasurer of the board for the pro
tection and guaranty of the payment of such liability in such sum as
the board may direct: Provided, however, That if sufficient securities
are already on deposit with the said board or if the said board shall
have determined that the employer has sufficient financial responsi
bility to meet said liability of the said employer, together with other
liabilities already accrued, no such additional deposit or security shall
be demanded.
m?°W b?pl°<rf
Any employer against whom liability may exist for compensacharged.
tion under this act may, with the approval of the board, be relieved
therefrom b y (1) depositing the present value or the estimated present
value of the total unpaid compensation for which such liability exists,
assuming interest at five per centum per annum, with the treasurer of
the board; or (2) purchasing an annuity within the limitations provided
by law in any insurance company granting annuities and authorized
• to transact business in this State, subject to the approval of the board.
Part I I I .
COMPENSATION PLAN N U M B E R T W O .

Insurance.

35 (as amended by chapter 100, acts of 1919). (a) Any em
ployer in the industries, trades, works, occupations, or employments in
this act specified as hazardous, by filing his election to become subject
S e c t io n

TEXT OF LAWS— MONTANA.

659

to and bound fey compensation plan number two, may insure his
liability to pay the compensation and benefits herein provided for in
any insurance company authorized to transact such business in this
State.
(b) Any employer electing to become subject to and bound by
to
compensation plan number two shall file with the board written
^
acceptance of the provisions of compensation plan number two, to
gether with a statement, upon forms provided by the board, of the
nature of his employment, the character and location of his works,
the number of men employed during the preceding year, or any part
of the preceding year, and the probable number of men to be employed
during the first fiscal year to be covered by such election; and the board
shall thereupon determine the amount of insurance which will be
reasonably necessary to secure the compensation with which the said
employer may reasonably be expected to become chargeable during
such fiscal year. And thereupon the said employer shall file the policy
or policies of insurance herein provided for with the board, which
policy or policies shall insure in the amounts so fixed by the board
against any and all liability of the employer to pay the compensation
and benefits provided for in this act. The amount of such insurance
shall be fixed by the board for each ensuing fiscal year during which
said employer shall engage in his said employment, and shall remain
subject to the provisions of compensation plan number two, and for
the purpose of fixing such amount of said insurance, the said board
may make all reasonable and necessary investigation, and the said
employer shall furnish to such board all information which it may
require.
(c) All policies insuring the payment of compensation under this Provisions a?
act must contain a clause to the effect that as between the employee po s*
and the insurer the notice to or knowledge of the occurrence of the
injury on the part of the insured shall be deemed notice or knowledge,
as the case may be, on the part of the insurer; that jurisdiction of the
insured for the purpose of this act shall be jurisdiction of the insurer;
and that the insurer shall in all things be bound by and subject to the
awards, orders, judgments, or decrees rendered against such insured.
(d) No such policy shall be issued unless it contains the agreement Direct p a y »
of the insurer that it will promptly pay to the person entitled to com- mentspensation all the installments of compensation or other payments in
this act provided for, and that the obligation shall not be affected by
any default of the insured after the injury, or by any default in the giv
ing of any notice required by such policy or by this act or otherwise.
Such agreement shall be construed to be a direct promise by the insurer
to the person entitled to compensation. Before issuance of any policy
by an insurer as herein authorized, such insurer must deposit with the
treasurer of the industrial accident board, bonds of the United States
or the State of Montana or of any school district, county, city or town
in the State of Montana, in an amount not less than five thousand
dollars ($5,000.00) or more than twenty thousand dollars^ ($20,000.00)
as the industrial accident board may determine. If any insurer shall
fail to discharge any liability after the amount thereof shall be deter
mined by the board, and within the time limited by the board, it shall
be the duty of the board to convert said bonds or such part thereof
as is necessary into cash, and from the proceeds liquidate uch liability,
and thereafter said insurer must make an additional deposit to meet
any deficiency caused thereby.
(e) Every policy for the insurance of the compensation herein Requirements
provided for or against liability therefor shall be deemed to be made as po €ies'
subject to the provisions of this act. No insurer shall enter into any
such policy of insurance unless its form shall have been approved by
the board and as otherwise provided by law(f) Every renewal of such policy shall be made and delivered to Renewals*
said board at least thirty days prior to the expiration of the expiring
policy.
(g) Within thirty days of the happening of an accident where death Deposits,
or the nature of the injury renders the amount of future payments
certain or reasonably certain, the insurer shall make a deposit as herein
defined with the treasurer of the board for the protection and guaranty

660

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of the payment of such liability in such sum as the board may direct:
Provided, That if the board deems the amount on deposit by said insurer
under the provisions of section 35 (d) sufficient to cover all liabilities
of the insurer, then no further deposit shall be required.
How
Insurer
(h ) Any insurer against whom liability may exist for compensation
charged.
under this act may, with the approval of the board, be relieved there
from by (1) depositing the present value or the estimated present value
of the total unpaid compensation for which such liability exists, as
suming interest at five per centum per annum, with the treasurer of
the board; or (2) by purchasing an annuity within the limitations
provided by law in any insurance company granting annuities and
authorized to transact business in this State, subject to the approval
of the board.
Cancellation.
( i) No policy of insurance issued under the provisions of compensa
tion plan number two shall be canceled within the time limited for
its expiration, except upon thirty days’ notice to the employer in
favor of whom such policy is issued, and to the board, unless such
policy sought to be canceled shall have been sooner replaced by other
insurance.
Reports of ac(j) Every insurance company transacting business under this act
cidents.
shall, at the time and in the manner prescribed by the board, make
and file with the board such reports of accidents as the board may re
quire.
Provision
for
(k) Every policy or contract insuring against liability for compensadirect liability, ^ion under compensation plan number two must contain a clause to
the effect that the insurer shall be directly and primarily liable to
and will pay directly to the employee, or in case of death, to his bene
ficiaries or major or minor dependents, the compensation, if any, for
which the employer is liable. Every such policy shall at all times be
subject to the approval, change, or revision by the board, and shall
contain the clauses, agreements, and promises required by this act.
(1) Any deposit made under the provisions of compensation plan
number two shall be held in trust by the treasurer of the board as
security for the payment of the liability for which the deposit was
made. Such deposit may be reduced from time to time with the per
mission of the board, as the payment of the liability of the insurer
may reduce the amount required to be on deposit. Such deposit may
be changed or renewed when desired by the depositor by withdrawing
the same, or any part thereof, and substituting other deposits therefor;
. upon proof of the final payment of the liability for which such deposit
was made any deposit remaining shall be returned to the depositor.
All earnings made by such deposit shall be first applied upon any liabil
ity of the depositors, and if no such liability exists then such earnings
shall upon demand be delivered to such depositor. The treasurer of
the board and his bondsmen shall be liable for the value and safekeeping
of such deposits, and shall at any time upon demand of his bondsmen,
the depositor, or the board account for the same and the earnings
thereof.
P a r t IV.
COMPENSATION PLAN N UM B ER TH R EE.

Classified pre- S e c t i o n 40. (a) Every employer, subject to the provisions of commiumrates.
pensation plan number three, shall, in the manner and at the times
herein specified, pay into the State treasury, in accordance with the
following schedule, a sum equal to the percentage of his total annual
pay roll specified in this section, which said schedule is subdivided
into classes, and the percentage of payments of premiums or assess
ments to be required from each of said classes is as follows:
Class one.—Broom or brush manufacturing, without sawmill; theater
stage employees; moving-picture operators; electro typing; engraving;
lithographing; photo-engraving; stereotyping; embossing; bookbinding;
printing; jewelry manufacturing; not otherwise specified; sixty-five
one-hundredths of one per centum.
Class two.—Cloth, textile, and wool manufacturing, not otherwise
specified; wharf employees, other than stevedores and longshoremen;
eight-tenths of one per centum.

TEXT OF LAWS----MONTANA.
Class three.—Manufacturing alcohol, drugs, other than ammonia;
candy, crackers, saddles, harness, leather novelties, mattresses, not
including spring or wire, paint, varnish, wagons, buggies, carriages,
sleighs, cutters; operation of tugs and steamboats; manufacturing roofing
paper and articles of paper not otherwise specified, paper boxes,
automobiles, motor trucks, hardware; working in rubber, not otherwise
specified; manufacturing boots and shoes; manufacturing articles of
and working in leather not otherwise specified; one and three-tenths
per centum.
Class four.—Manufacturing cheese, condensed milk; operating
creameries, manufacturing spices and condiments; paper hanging;
kalsomining; whitewashing; making willow baskets; setting tiles;
mantels and marble work, inside work only; making grease, lard, soap,
tallow; inside plumbing work; installing heating systems; painting and
decorating, inside work only; metal ceiling work; one and four-tenths
per centum.
Class five.—Manufacturing glass; operating breweries, bottling
works, grain warehouses, grain elevators; manufacturing articles of
brass, copper, lead, and zinc; operating machine shops, not otherwise
specified; lathing, plastering; canneries of meat, fruit, vegetables, or
fish, not including can manufacturing; cutting stone or paving blocks,
other than in quarries, with or without machinery; installing electrical
apparatus inside; installing fire-alarm apparatus inside; covering boilers
or steam pipes; concrete laying in floors,, street paving, or sidewalks,
not otherwise specified; laying asphalt and other paving not otherwise
specified, including shop and yard; manufacturing canoes and row
boats; well drilling; constructing and repairing of paving of bricks or
blocks; one and five-tenths per centum.
Class six.—Operating of laundries with power, dyeing, bleaching,
and cleaning works; manufacturing of furniture, show cases, office and
store furniture and fixtures; cabinetmaking; manufacture of wire mat
tresses, bed springs, wooden coffins, caskets, rough wooden boxes for
coffins; building hothouses; working in foodstuffs, fruits, edible oils or
vegetables, not otherwise classified; operating flour mills, chop mills,
feed mills; one and six-tenths per centum.
Class seven.—Manufacturing wood fiber ware; installing automatic
sprinklers or ventilating systems; setting glass; erecting fireproof doors
and shutters inside of buildings; operating tanneries, sugar factories;
beveling glass; manufacturing peat fuel; building wooden stairs; manu
facturing brick, including kilns and buildings and digging in pits,
briquettes; brooms with sawmills, earthenware, fire clay, porcelain
ware, pottery, tile, terra cotta; brush making with sawmills; one and
eight-tenths per centum.
Class eight.—Manufacturing of ammonia; operating waterworks, gas
works; grading, either of streets or otherwise, or road making, without
blasting; construction of plank road, plank street, or plank sidewalk;
operating creosoting works; pile treating works; treating ties or other
timber products; plumbing, both at and away from the shop, including
house connections, without blasting; construction of waterworks, gas
works, and coke ovens, including laying of mains and connections,
without blasting; one and nine-tenths per centum.
Class nine.—Manufacturing artificial ice; operating refrigerator
plants, cold-storage plants, foundries, packing houses, including
slaughtering; manufacturing agricultural implements, threshing ma
chinery, traction engines, harvesting machinery; manufacturing
asphalt; operating steam heating and power plants; manufacturing gas
or gasoline engines; operating ferries; stone crushing, not at quarries;
boat or ship building, other than canoes or rowboats, without scaffolds;
laying hot flooring composition, not otherwise specified; operating
stockyards; two per centum.
Class ten.—Operating paper mills, pulp mills; longshoring; steve
doring; manufacturing fertilizers; operating garbage works; incinera
tors, crematories, lime kilns, or burners, no quarrying; installing
boilers, steam engines, dynamos, machinery, not otherwise specified;
putting up belts for machinery; manufacturing barrels, kegs, pails,
staves, tubs, excelsior, veneer, packing cases, sash, doors, and blinds;

661

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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 .

operation and maintenance of interurban railways without third rail;
two and two-tenths per centum.
Class eleven.—Millwrighting, not otherwise specified; manufactur
ing building material, not otherwise specified; working in building
material, not otherwise specified; two and one-quarter per centum.
Class twelve.—Operation of smelters; manufacturing of metallic
coffins; manufacturing of iron or steel; boat or ship rigging; planing
mills, independent; cement manufacturing; operating blast furnaces;
two and three-tenths per centum.
Class thirteen.— Street or road making, with blasting; manufacturing
wood baskets, kindling wood, window and door screens, cordage, and
rope; manufacturing and refining oil; placing wires in conduits; two
and four-tenths per centum.
Class fourteen.—Concentrating and amalgamating of ores; wood
working, not otherwise specified; operating gravel bunkers; hauling
‘ gravel; operating gravel pits; operating wood saws; painting, exterior
work; operating boiler works; making steam shovels; boilers; shipwrighting; operating sawmills, lath mills; bridgework factories; opera
tion of and work in mines, other than coal; two and five-tenths per
centum.
Class fifteen.—Operating rolling mills; manufacturing tanks, not
otherwise specified; erecting and repairing advertising signs; harvest
ing and storing of ice, including loading on cars; making and repairing
of locomotives and railroad cars; cutting stone at stoneyards connected
with quarries; boat or ship building with scaffolds; logging operations,
with or without machinery; booming or driving logs, ties, or other
timber products; operating shingle mills; operating quarries; two and
three-quarters per centum.
Class sixteen.—Operating dredges; construction of telephone and
telegraph systems; construction of dams and reservoirs, electric light
and power plants, waterworks, and water systems; installing furnaces;
constructing blast furnaces; sewer building, maximum depth of exca
vation at any point seven feet; operation and maintenance of steam
railways, including logging railways; operating coal mines; three per
centum.
Class seventeen.—Operating dry docks, including floating dry docks;
ornamental metal work within building; electric railway construction,
without rock work or blasting; railroad construction, including street
and cable railways, without rock work or blasting; building canals,
without rock work or blasting; installing freight or passenger elevators;
operation of telephone and telegraph systems; making dredges; con
structing dry docks; three and one-quarter per centum.
Class eighteen.—Carpenters not otherwise specified; constructing
grain elevators, not metal framed; stump pulling with donkey engines;
steam, electric, and cable railway construction, with rock work or
blasting; construction of logging railways, with rock work or blasting:
operation and maintenance of electric railways using third rail, and
street railways, all systems, including electric and cable; operation and
maintenance of electric light and power plants, including transmission
systems and extensions of lines; electric systems, not otherwise specified;
three and one-half per centum.
Class nineteen.—Pile driving; clearing land with blasting; galvanized
iron or tin works; marble works; fireproofing of buildings, by means of
wire netting and concreting; cellar excavation, with or without blast
ing; three and three-quarters per centum.
Class twenty.—Constructing breakwaters, marine railways, and
jetties; installation and repair of electrical apparatus, not otherwise
specified, outside work only; stamping of metal or tin; building trestles
and tunnels other than mining; shaft sinking, not otherwise specified;
four per centum.
Class twenty-one.—Moving safes, boilers, machinery; construction
of tanks, water towers, windmills, not metal frame; plumbers making
house connections with blasting; roof work; slate work; stonework;
stone setting; brickwork construction, not otherwise specified; con
struction of canals, with rockwork or blasting; bridge building, wooden;
construction of floating docks; constructing chimneys of metal or con
crete; four and one-half per centum.

TEXT OF LAWS----MONTANA.

§§3

Class twenty-two.—Excavations, not otherwise specified; laying of
mains and connections, with blasting; sewer building, where maximum
depth of excavation at any point exceeds seven feet; blasting, not
otherwise specified; manufacturing fireworks; five per centum.
Class twenty-three.—Erecting fire escapes, fireproof doors and shutters
outside of buildings; building concrete structures, not otherwise speci
fied; concrete or cement work not otherwise specified; six per centum.
Class twenty-four.—Constructing iron or steel frame structures or
parts; constructing and repairing steel frames and structures; subaqueous
work; caisson works; six and one-half per centum.
Class twenty-five.—House moving, house wrecking; construction or
repair of steeples; construction of brick chimneys; six and three-quar
ters per centum.
Class twenty-six.—Manufacturing powder, dynamite, and other ex
plosives, not otherwise specified; ten per centum.
Class twenty-seven.—Any employer and his employees engaged in
nonhazardous work or employment, by their joint election, filed with
and approved by the board, may accept the provisions of compensation
plan number three. In such event such employer and employees shall
be known as class twenty-seven, the rate of assessment in which shall
be one-half of one per centum.
(b ) If a single establishment or work comprises several occupations Separable oo«
listed in section 40 (a) in different classifications, the assessment shall cuPatlons*
be computed according to the pay roll of each occupation if clearly
separable, otherwise an average rate of assessment shall be charged for
the entire establishment, taking into consideration the number of
employees and the relative hazards.
(c) The classification of hazardous occupations in section 40 (a) R e v is i o n of
and the rates of premium or assessment therein fixed are advisory only, rates>
and the board is hereby given full power and authority to rearrange,
revise, add to, take from, change, modify, increase, or decrease any
classification or rate named in section 40 (a) as in its judgment or expe
rience may be necessary or expedient: Provided, That no change in the
classification or rates prescribed in section 40 (a) shall be made effective
prior to the end of the first fiscal year, and thereafter any changes so
made shall not become effective until thirty days after the date of the
order or decision of the board making such change except that in case
of new industries, or industries not enumerated in section 40 (a), the
board shall have the right to make an immediate classification thereof
and establish a rate therefor.
(d) It is the intent and purpose of compensation plan number three Common fund,
that each industry, trade, occupation, or employment coming under
the provisions of said plan shall be liable and pay for all injuries happen
ing to employees coming under the provisions of said plan, and that all
funds collected by assessments as herein provided shall be paid into one
common fund to be known as the industrial accident fund, which fund
shall be devoted exclusively to the payment of all valid claims for
inj uries happening in each industry, trade, occupation, or employment
coming under the provisions of compensation plan number three: Pro- S e p a r a te acvided, That accounts shall be kept with each industry, trade, occupa-coun s*
tion, or employment in according [accordance] with the foregoing
classification or otherwise, as the board may direct, both as to receipts
and disbursements, for the purpose of providing information and statis
tics necessary for determining any changes in such rates or classifica
tions.
(e) There shall be collected from all classes as initial payment into In it ia l pavthe industrial accident fund, on or before the fifteenth day of July, 1915, men s‘
one-fourth of the premium of assessment for that fiscal year and onetwelfth thereof at the first of each month beginning with October first,
1915: Provided, That if such fund shall have a sufficient balance on
hand at the end of the first three months, or any month thereafter, to
meet the requirements of the industrial accident fund, no assessment
shall be called for such month.
(f) The first payment shall be collected upon the pay roll of the Collection,
months of April, May, and June, 1915. At the end of each calendar
year an adjustment of the account shall be made upon the basis of the
actual pay roll. Any shortage shall be made good within thirty days

664

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 .

thereafter. Every employer who shall enter into business at any
intermediate day shall make his payments in the same manner and
upon the same basis before commencing operations; the amount of such
payments shall be calculated upon his estimated pay roll, and an
adjustment shall be made on or before February first in the year follow
ing, in the manner above provided.
Employers in
(g) Any employer who is in default in the observance of any order
default.
0f the board, issued pursuant to the provisions of sections 40 (a) to 40
(f), inclusive, shall, in addition to any other penalty provided by this
act, be charged an advance of twenty-five per centum over the estab
lished rate, and such advanced rate shall continue and be in force until
such employer shall have ceased to be in such default.
Equalizations.
(h) Any change in classification of risks or premium rates, or any
change caused by change in the class of work, occurring during the
calendar year, shall be equalized by the board within thirty days after
the end of such year in proportion to its duration in accordance with the
schedules provided in this act.
Deficiencies.
(i) If at the end of any year it shall be seen that the contribution to
the industrial accident fund by any class of industry shall be less than
the drain upon such fund on account of that class, the deficiency shall
be made good to the fund on the first day of February of the following
year by the employers of that class in proportion to their respective
payments for the previous year.
Segregation of
(j) Upon the happening of an accident where death or the nature of
funds.
the injury renders the amounts of future payments certain or reason
ably certain, the board shall forthwith cause the treasurer of the board
to set apart out of the industrial accident fund a sum of money, to be
calculated on the basis of the maximum sum required to pay the com
pensation accruing on account of such injury, which will meet such
required payments, not exceeding, however, the sum of four thousand
dollars for any one case.
Investment of
(k) The treasurer of the board shall invest such reserve in bonds of
reserves.
the United States, bonds of the State of Montana, or bonds of any
county, city, or school district in the State of Montana, or any other
security which may be approved by said board, and out of the same
and its earnings shall be paid the monthly installments and any lump
sum then or thereafter arranged for the case. Any deficiency shall be
made good out of and any balance or overplus shall revert to the indus
trial accident fund.
Accounts.
(1) The treasurer of the board shall keep an accurate account of all
such segregations of the industrial accident fund, and upon direction
of the board shall divert from the main fund any sums necessary to
meet monthly payments, pending the conversion into cash of any
security, and in such case shall repay the same out of the cash realized
from the security.
Defaulted pay
(m) If any employer shall default in any payment to the industrial
ments.
accident fund, the sum due may be collected by an action at law in the
name of the State, and such right of action shall be cumulative.
Injuries during
(n) For any injury happening to any of his workmen during default
default.
in any payment to the industrial accident fund, the defaulting em
ployer as to such injury shall be considered as having elected not to
come under the provisions of this act, except that he shall be and
remain liable to pay the industrial accident fund the amount of such
default, together with the penalty prescribed by section 40 (g).
Options.
(o)
The person entitled to sue under the provisions of section 40 (n)
shall have the option of proceeding by suit or taking under this act.
If such person take under this act, the cause of action against the em
ployer shall be assigned to the State for the benefit of the industrial
accident fund. If such person shall elect to proceed against the de
faulting employer, such election shall constitute a waiver of any right
to compensation under the provisions of this act.
A ss ig ne d
(p) Any cause of action assigned to the State under the preceding
causes.
section may be prosecuted or compromised by the board, in its discre
tion.
Claims.
(q) Where a workman is entitled to compensation under compensa
tion plan number three, he shall file with the board his application
therefor, together with the certificate of the physician who attended

• TEXT OF LAWS— MONTANA.

665

him, and it shall be the duty of such physician to lend all necessary
assistance in making application for compensation and such proof of
other matters as may be required by the rules of the board without
charge to the workman.
(r) For a proper compliance with the provisions of the preceding Physician's
section the physician, after approval by the board, shall be paid out fees‘
of the industrial administration fund one and one-half dollars for each
case.
(s) W7here death results from the injury the parties entitled to com- Death claims,
pensation under compensation plan number three, or some one in their
behalf, shall make application for the same to the board. The appli
cation must be accompanied with proof of death and proof of relation
ship, showing the parties entitled to compensation, certificate of the
attending physician, if any, and such other proof as may be required
by the rules of the board.
(t) In computing the pay roll the entire compensation received by Computing pay
every workman employed in the hazardous occupations enumerated
in this act shall be included, whether it be in the form of salary, wage,
piecework, overtime, or any allowance in the way of profit-sharing pre
mium or otherwise, and whether payable in money, board, or otherwise.
(u) Disbursements out of the industrial accident fund shall be made Disbursements,
by the treasurer of the board as the board may order. If at any time
there shall not be sufficient money in the accident fund with whirh to
pay any warrants drawn thereon, the employer, on account of whose
workmen the warrant was drawn, shall pay the same, and upon his next
contribution to such fund he shall be credited with the amount so paid
with interest thereon at the rate of six per centum per annum from the
date of such payment to the date upon which the next assessment be
comes payable, and if the amount of the credit exceeds the amount of
such assessment, he shall have a warrant upon such fund for the excess,
and if said warrant be not paid for want o f funds it ehall be credited to
such employer and be applied upon succeeding assessments.
(v) All earnings made by the industrial accident fund by reason of . Interest earninterest paid for the deposit thereof or otherwise shall be credited to mgs’ etc*
and become a part of said fund, and the making of profit, either directly
or indirectly, by the treasurer of the board, or any other person, out of
the use of the accident fund shall constitute a felony, and on conviction
thereof shall subject the person making such profit to imprisonment
in the State penitentiary for a term not exceeding two years, or a fine not
exceeding five thousand dollars, or both such fine and imprisonment,
and the treasurer of the board shall be liable upon his official bond for all
profits realized for any unlawful use of the said fund.
Part V .
SAFETY PROVISIONS.

S e c t io n 5 0 . (a) No employer shall construct, maintain, or operate,
Safe place,
or cause to be constructed, maintained, or operated any place of em
ployment that is not safe.
(b) No employee shall remove, displace, damage, destroy, or carry Removing safeoff any safety device or safeguard furnished and provided for use in any y devicesemployment or place of employment, or interfere in any way with the
use thereof by any other person, or interfere with the use of any method
or process adopted for protection of any employee in such employment
or place of employment, or fail or neglect to do anything reasonably
necessary to protect the life and safety of himself and other employees.
(c) The board is vested with full power and jurisdiction over and Power of board,
shall have such supervision of every employment and place of employ
ment in this State as may be necessary adequately to enforce and
administer all laws and all lawful orders requiring such employment
and place of employment to be safe and requiring the protection of the Place,
life and safety of every employee in such employment or place of em
ployment.
(d) The board shall have power, in addition to other powers herein Safety devices
granted, by general or special orders, rules, or regulation or otherwise:
standards.

666

WORKMEN ?S COMPENSATION LAWS OF THE UNITED STATES.

1. To declare and prescribe what safety devices, safeguards, or other
means or methods of protection as are well adapted to render employees
and places of employment safe.
2. To fix such reasonable standards and to prescribe, modify, and
enforce such reasonable orders for the adoption, installation, use, main
tenance, and operation of safety devices, safeguards, and other means
and methods of protection as may be necessary for the protection of the
life and safety of employees.
3. To fix and order such reasonable standards for the construction,
repair, and maintenance of places of employment as shall render them
safe.
4. To require the performance of any act necessary for the protection
of life and safety of employees.
Accident re* 5. To declare and prescribe the general form of industrial accident
P°rtsreports, the accidents to be reported and the information to be furnished
in connection therewith, and the time within which such reports shall
be filed. Nothing in this act contained shall be construed to prevent
the board from requiring supplemental accident reports: Provided,
however, That where by the laws of the State of Montana the manner o?
method of carrying on any business, or the rules or regulations in rela
tion thereto, or the character or kind of safety devices has been pre
scribed, no other or additional requirements shall be made by the board,
but it shall be the duty of the board to see that the employer lives up
to and obeys said laws.
# Notice of hear- (e) Upon the fixing of a time and place for the holding of a hearing
mgs‘
for the purpose of considering and issuing a general safety order or
orders, the board shall cause a notice of such hearing to be published
in one or more daily newspapers of general circulation, published and
circulated in the State. No defect or inaccuracy in such notice or in
the publication thereof shall invalidate any general order issued by the
board after a hearing has been had.
Inspections.
S e c . 51. (a) After July 1, 19J5, every place of employment of a
work or occupation defined by sections 4 (a), 4 (b), 4 (c), 4 (d), 4 (e),
and 5 of this act to be hazardous shall be inspected at least once during
each year by an inspector or examiner appointed by the board. Such
inspection shall be for the purpose of determining the condition and
operation of such places of employment as regards the safety of em
ployees working therein, and the use of safeguards, safety appliances,
and reasonably safe tools and appliances.
Reports.
(b) A report of such inspection shall be filed in the office of the
board, and a copy thereof given the employer.
Certificates.
(c) Each place of employment inspected as provided in section 51
(a) and found in a satisfactory condition shall receive from the board,
upon payment of the inspection fees hereinafter provided for, a certifi
cate to that effect, which certificate must be prominently displayed,
under glass, in one of the principal places of the establishment so
inspected.
Orders.
(d) If after such inspection and report thereof to the board it shall be
found that any such place of employment is not constructed, main
tained, or operated as provided in this act, the board shall order the
installation, use, maintenance, and operation, within such reasonable
time as the board may direct, of such safety devices, safeguards, and
other means and methods of protection as may be necessary to reason
ably insure the safety of the workmen employed therein, subject to the
provisions of section 51 (e).
Closing
place (e) jf after such inspection the board or any inspector or examiner
0 wor *
thereof shall find such place of employment in such an unsafe condi
tion as to constitute an immediate menace to the safety of the workmen
employed therein, the board, or any inspector or examiner thereof, may
order any such place of employment closed, or the work therein to
cease, until such safety devices, safeguards, and other means and meth
ods or changes or removals as may be ordered by the board, or any in
spector or examiner thereof, shall have been installed, repaired,
changed, or removed, and such place of employment put in such con
dition as will reasonably insure the safety of the workmen employed
therein.
Fees*
S e c . 52. (a) For each annual inspection made under the provisions
of this section the employer shall pay, at the time of such inspection, u

TEXT OF LAWS— MONTANA.
fee of five cents for each one thousand dollars or fraction thereof of his
annual pay roll for the preceding year: Provided, That no inspection
fee under this section shall be less than five dollars.
(b) The fees for any subsequent or reinspection made during any
year in which an annual inspection shall have been made shall b e :
Where the annual pay roll for the preceding year shall have been not
more than twenty-five thousand ($ 2 5 ,0 0 0 ) dollars, five ($ 5 ) dollars.
Where the annual pay roll for the preceding year shall have been
more than twenty-five thousand ($ 2 5 ,0 0 0 ) dollars but not more than
one hundred thousand ($100,000) dollars, t*en ($10) dollars.
Where the annual pay roll for the preceding year shall have been
more than one hundred thousand ($100,000) dollars but not more than
five hundred thousand ($ 5 0 0 ,0 0 0 ) dollars, twenty ($ 2 0) dollars.
Where the annual pay roll for the preceding year shall have been
more than five hundred thousand ($ 5 0 0 ,0 0 0 ) dollars but not more than
one million ($ 1 ,0 0 0 ,0 0 0 ) dollars, forty ($ 4 0) dollars.
Where the annual pay roll for the preceding year shall have been
more than one million ($ 1 ,0 0 0 ,0 0 0 ) dollars, fifty ($ 5 0 ) dollars.
(c) A 11 fees received by the board for inspection or for subsequent or Funds g*> to
reinspection, and all fines imposed or collected for a violation of the treasurersafety provisions of this act, shall be paid monthly to the State treasurer,'
who shall credit such payments to the industrial administration fund.
S e c . 53. (a) Whenever the board shall find that any employment Orders of board,
or place of employment is not safe, or that the practice or means or
methods of operation or processes employed or used in connection there
with are unsafe, or do not afford adequate protection to the life and safety
of employees in such employments and places of employment, the board
shall make and enter and serve such order relative thereto as may be
necessary to render such employment or place of employment safe and
protect the life and safety of the employees in such employments and
places of employment, and may in said order direct that such addi
tions, repairs, improvements, or changes be made; and such safety de
vices and safeguards be furnished, provided, and used as are reasonably
required to render such employment or places of employment safe, in
the manner and within the time specified in such order.
(b) The board may, upon application of any employer or other per- Time for comi*
son affected thereby, grant such time as may reasonably be necessary Pliance*
for compliance with, any order, and any person affected by such order
may petition the board for an extension of time, which the board shall
grant if it finds such an extension of time necessary.
(c) Whenever the board shall learn or have reason to believe that Investigations,
any employment or place of employment is not safe or is injurious to
the welfare of any employee it may summarily investigate the same,
with or without notice or hearings, and enter and serve such order as
may be necessary relative thereto.
(a)
Every employer, employee, and other person shall obey and Compliance,
comply with each and every requirement of every order, decision,
direction, rule, or regulation made or prescribed by the board, and
shall do everything necessary or proper in order to secure compliance
with and observance of every such order, decision, rule, or regulation.
(e)
Nothing contained in this act shall be construed to deprive any Powers of other
other public corporation, board, or department of any power or juris- boards' etc*
diction over or relative to any place of employment: Provided, That
whenever the board shall by order fix a standard of safety for employ
ment such order shall, upon the filing by the board of a copy thereof
with the secretary or clerk of any such public corporation to which or
within whose jurisdiction it may apply, establish a minimum require
ment concerning the matters covered by such order, and shall be con
strued in connection with any local order relative to the same matter
and to amend or modify any requirement in such local order not up to
the standard of the order of the board.
^(f) Every order of the board,.general or special, its rules or regula- p resum p tions
tions, findings or decisions, shall be admissible in evidence in an yas t0 order3>
prosecution for, or suit to prevent, the violation of any of the provi
sions of this act, and shall be presumed to be reasonable. This pre
sumption is, however, a rebuttable presumption.

668

WORKMEN ’ S COMPENSATION LAWS OF THE UNITED STATES.

(g) The board may investigate the cause of all industrial accidents
occurring in any employment or place of employment, or directly or
indirectly arising from or connected therewith, resulting in personal
injury or death; and the board shall have the power to make such orders
or recommendations with respect to such accidents as may be just and
reasonable: Provided, That neither the order nor the recommendation
of the board, nor any accident report filed with the board, shall be ad
mitted as evidence in any action for damages, or any proceeding to re
cover compensation, based on or arising out of such injury or death.
Increase of pre«
(h ) If by reason of poor or careless management or otherwise any
mium rates.
place of employment be unduly dangerous, in comparison with other
like places of employment, and the employer operating the same shall
not have complied with the safety provisions of this act, and such em
ployer shall be under compensation plan number three, the board, in
addition to any other penalty provided by this act, shall advance the
rate upon such place of employment fifty per centum, and such ad
vanced rate shall continue and be in force until such place of employ
ment shall have ceased to be unduly dangerous in comparison with
other like places of employment, and such employer shall have ob
tained a certificate of the inspector or examiner provided for herein.
Violations.
S e c . 54. Every employer, employee, or other person who either in
dividually or acting as an officer, agent, or employee of a corporation or
other person violates any safety provisions contained in this act, or any
part of any such provision, or who shall fail or refuse to comply
with any such provision or any part thereof, or who directly or indi
rectly knowingly induces another so to do, is guilty of a misdemeanor.
Sec. 55. (a) Whenever in this act the inspection of mines is referred
Inspection of to, such inspection shall be made by the inspector of mines or his deputy
mmes*
and nothing in this act contained shall be construed as modifying or
limiting in any way the duties required to be performed by the in
spector of mines as may be otherwise provided b y law: Provided, how
ever, That the inspect-or of mines shall collect and account for the fees
herein prescribed for inspection or subsequent or reinspection.
No rule, regulation, requirement relating to the operation of mines
within the State of Montana made by said board shall be lawful or
valid unless the same shall be concurred in and approved by the
State mine inspector, and shall have been within the power of the
said State mine inspector to make in the first instance.
Orders.
(b) A copy of any order, direction, or requirement of the inspector
of mines shall be filed with the board and shall thereupon become and
have all the force and effect of an order of the board, subject only to
review by the court as in this act provided.
Approved March 8, 1915.

Investigations
of accidents.

NEBRASKA— REVISED STATUTES, 1913.
Compensation of workmen for injuries.
P art
em plo yers’

I.
l ia b il it y .

3642. S e c t io n 92. When personal injury is caused to an employee by Suits for dam.
accident arising out of and m the course of his employment, of which ages*
the actual or lawful imputed negligence of the employer is the natural
and proximate cause, he shall receive compensation therefor from his
employer: Provided, The employee was himself not willfully negligent
at the time of receiving such injury, and the question of whether the
employee was willfully negligent shall be one of fact to be submitted
to the jury, subject to the usual powers of the court over verdicts ren
dered contrary to the evidence or to law.
3643. S e c . 93. In all cases brought under Part I of this article it shall Defenses abronot be a defense (a) that the employee was negligent, unless and except g
it shall also appear that such negligence was willful, or that the em
ployee was in a state of intoxication; (b) that the injury was caused by
the negligence of a fellow employee; (c) that the employee had
assumed the risks inherent in, or incidental to, or arising from the
failure of the employer to provide and maintain safe premises and
suitable appliances, which grounds of defense are hereby abolished,
except as provided in the second next following section.
3644. S e c . 94. If an employer, subject to the provisions of this Same,
article as shown in section 97 of this chapter, elects not to come under
part II hereof, he loses the right to interpose the three defenses above
stated in any action brought against him for personal injury or death
of an employee.
3645. S e c . 95. If an employer becomes subject to Part II of this DflensS, at
article and the employee does not, then the defenses existing under
' w n*
the laws for Nebraska, other than the provisions of this article, at the
time of the personal injury or death of the employee shall be available
to the employer in any action brought by the employee or his depend
ents for personal injury or death.
3646. S e c . 96. The provisions of the four next preceding sections D
shall apply to any claim for the death of an employee arising under wrong
sections 364 and 165 of chapter 17 and sections 127, 128, and 129 of
chapter 67 of the Revised Statutes of Nebraska, 1913, and the acts or
parts of acts amendatory thereof, concerning death by wrongful act.
3647. S e c . 97 (as amended by ch. 85, acts of 1917). (1) The pro- To whom act
visions of this act shall apply to the State of Nebraska and every gov- app
emmental agency created by it, and to every employer in this" State
employing one or more employees, in the regular trade, business, pro
fession, or vocation of such employer. (2) The following are declared Exemptions,
not to be hazardous occupations and not within the provisions of this
act: Employers of household domestic servants and employers of farm
laborers. Railroad companies engaged in interstate or foreign com
merce are declared subject to the powers of Congress and not within the
provisions of this act. #(3) Any employer not included in th e preceding J
elections,
paragraphs of this section and the employees of such employer may, by
their joint election, filed with the compensation commissioner, accept
the provisions of Part II of this act, and such acceptance shall subject
them to the said provisions of Part II hereof to all intents and purposes
as if they had been originally included in the terms of subdivision 1 of
this section :#Provided, however, That either such employer or workman
(prior to accident) sh? 11 have the right to waive such election to come
under Part II hereof, the procedure being the same as indicated in sub
divisions (a) and (b) of section 103 of this chapter.

670

w o r k m e n ’s c o m p e n s a tio n la w s o f t h e u n it e d s ta t e s .

Burden ofproof.

3648. Sec. 98. In all actions at law brought pursuant to part I of
this act the burden of proof to establish willful negligence of the in
jured employee shall be on the defendant.
Attorneys’ fees. 3649. Sec. 99. No claim or agreement for legal services or disburse
ments in support of any demand made or suit brought under the pro
visions of this article shall be an enforceable lien against the amounts
to be paid as damages or compensation or be valid or binding in any
other respect, unless the Bame be approved in writing by the judge
presiding at the trial, or, in case of settlement without trial, by the
judge of the district court of the district in which such issue arose.
After such approval, if notice in writing be given the defendant of such
claim or agreement for legal services and disbursements, the same shall
be 9 lien against any amount thereafter to be paid as damages or com
pensation : Provided, however, That where the employee’s compensation
is pa yable by the employer in periodical installmerts, the court shall fix,
at the time of approval, the proportion of each installment to be paid
on account of legal services and disbursements.
P art
e l e c t iv e

II.

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

3650. S e c . 100. If both employer and employee become subject to
p ar^ n of this act, both shall be bound by the schedule of compen
sation herein provided, which compensation shall be paid in every case
of injury or death caused by accident arising out of and in the course
of employment, except accidents caused by, or resulting in any degree
from willful Negligence, as hereinafter defined, of the employee.
Negligence not
3651. S ec . 101. When employer and employee shall by agreement,
a factor.
express or implied, or otherwise as hereinafter provided, accept the
provisions of Part II of this act, compensation shall be made for per
sonal injuries to or for the death of such employee by accident arising
out of and in the course of his employment without regard to the negli
gence of the employer, according to the schedule hereinafter provided,
in all cases except when the injury or death is caused by willful negli
gence on the part of the employee; and the burden of proof of such fact
shall be upon the employer.
Remedy exclu3652. S e c . 102. Such agreement or the election hereinafter provided
sive*
for shall be a surrender by the parties thereto of their rights to any other
method, form, or amount of compensation or determination thereof
than as provided in Part II of this act, and an acceptance of all the
provisions of Part II of this act, and shall bind the employee him
self. and for compensation for his death shall bind his legal representa
tives, his widow and next of kin, as well as the employer, and the legal
representatives of a deceased employer, and those conducting the busi
ness of the employer during bankruptcy or insolvency.
Presumptionas
3653. S ec . 103 (as amended by ch. 85, acts of 1917). In the occupato contracts.
tions described in section 97 hereof, and all contracts of employment
made after the taking effect of this act shall be presumed to have been
with reference, and subject to the provisions of Part II hereof unless
otherwise expressly stated in the contract, or unless written or printed
notice has been given by either party to the other, as hereinafter pro
vided, that he does not accept the provisions of Part II. Every such
employer and every employee is presumed to accept and come under
Part II hereof, unless prior to accident he shall signify his election not
to accept or be bound by the provisions of Part I I . This election not to
accept Part II shall be by notice as follows:
Rejection— ^
(a) The employer shall post and thereafter keep continuously posted
y emp oyer;
*n a conSpjciious place about, the place or places where his workmen are
employed, a written or printed notice of his election not to be bound by
Part TI hereof, and shall file a duplicate thereof with the compensation
commissioner.
By employee.
(b) The employee shall give written or printed notice to the employer
of his election not to be bound by Part II and shall file a duplicate with
proof of service attached thereto with the compensation commissioner.
Waiving rejec- 3654. Sec. 104 (as amended by ch. 85, acts of 1917). An employer
who has given notice of liis election not to accept or be bound by the

Compensation
payable, when.

TEXT OF LAWS— NEBRASKA.

671

provisions of Part II hereof, may waive such election at any time, by
posting about the place or places where his workmen are employed a
written, or printed notice setting forth a withdrawal of his previous elec
tion not to be bound by the provisions of Part I I . A duplicate of such
notice with proof of such posting attached thereto shall be filed with the
compensation commissioner. An employee who has given written or
printed notice to his employer that he elects not to be subject to the
provisions of Part II hereof, may waive such election at any time prior
to the happening of an accident resulting in personal injuries to said
employee, by a notice in writing directed fo tne employer and served
upon the employer or his agent.
A duplicate of sucn notice with proof
of service attached thereto shall be filed with the compensation com
missioner. The waivers referred to in this section shall not become
effective until noon of the fifth day after filing the required notice with
the compensation commissioner.
3655. S e c . 105. The following shall constitute employers subject
are em*
to the provisions of this act:
"
"
pioyers,
(1) The State and every governmental agency created by it;
(2) Every person, firm, or corporation, including any public service
corporation, who is engaged in any trade, occupation, business, or
profession as described in section 97 of this chapter, and who has any
person in service under any contract of hire, express or implied, oral or
written, and who prior to the time of the accident to the employee for
which compensation under^ this act may be claimed, shall not, in
the manner provided in section 103 of this chapter, have elected not to
become subject to the provisions of Part II of this act.
3656. Sec. 106 (as amended by ch. 85, acts of 1917). The terms Employees.
‘ ‘ employee ” and ££workman ” are used interchangeably and have the
same meaning throughout this act. The said terms include the
plural and all ages and both sexes, and shall be construed to mean:
(1) Every person in the service of the State or of any governmental
agency created by it, under any appointment or contract of hire, ex
press or implied, oral or written, but shall not include any official of
the State, or any governmental agency created by it, who shall have
been elected or appointed for a regular term of office, or to complete
the unexpired portion of any regular term.
(2) Every person in the service of an employer who is engaged
in any trade, occupation, business, or profession as described in sec
tion. 97, under any contract of hire, express or implied, oral or
written, including aliens and also including minors who are legally
permitted to work under the laws of the State, who for the purpose of
making election of remedies under this code shall have the same
power of contracting and electing as adult employees. No parent or
guardian of an injured minor employee shall be entitled to recover any
damages by reason of said injury other than as expressly provided in
this article.
(3) It shall not be construed to include any person whose employ- Casual employ
ment is casual, or not for the purpose of gain or profit by the employer, ees*
or which is not in the usual course of the trade, business, profession, or
occupation of his employer. The term “ casual” shall be construed to
mean “ occasional; coming at certain times without regularity, in dis
tinction from stated or regular. ’ ’
(4) It shall not be construed to include any person to whom articles Outworker*,
and materials are given to be made up, cleaned, washed, finished, re
paired, or adapted for sale in the worker’s own home or on other
premises not under the control or management of the employer, unless
the employee is required to perform the work at a place designated by
the employer.
3657. Sec. 107. Any person, firm, or corporation creating, or carryr9;
ing into operation any scheme, artifice or device to enable him, them, Imployen
a?
or it to execute work without being responsible to the workmen for the
provisions of this article, shall be included in the term “ employer, ’ ’ and
with the immediate employer shall be jointly and severally liable to pay
the compensation herein provided for and be subject to all the provi
sions of this act. This section, however, shall not be so construed as
to cover or mean an owner who lets a contract to a contractor in good
aith, or a contractor wlio in good faith lets to a subcontractor a

672

WORKMEN’ S COMPENSATION LAWS OF THE UNITED STATES.

portion of his contract, if the owner or principal contractor, as the
case may be, requires the contractor or subcontractor, respectively, to
procure a policy or policies of insurance from an insurance company
licensed to make such insurance in this State, which policy or policies
of insurance shall guarantee payment of compensation according to this
act to injured workmen.
Basis of com3658. S e c . 108. Where compensation is claimed from, or proceedings
pensation.
taken against, a person, firm, or corporation under the foregoing section,
the compensation shall be calculated with reference to the wage the
workman was receiving from the person by whom he was immediately
employed at the time of the injury.
Subrogation of
3659. S e c . 109. Where a third person is liable to the employee or to
employer.
the dependents, for the injury or death, the employer shall be subro
gated to the right of the employee or to the dependents against such
third person, and the recovery by such employer shall not be limited to
the amount payable as compensation to such employee or dependents,
but such employer may recover any amount which such employee or his
dependents would have been entitled to recover. Any recovery by the
employer against such third person, in excess of the compensation paid
by the employer, after deducting the expenses of making such recovery,
shall be paid forthwith to the employee or to the dependents, and shall
be treated as an advance payment by the employer, on account of any
future installments of compensation.
Waiting time.
3660. S e c . 110 (as amended by ch. 85, acts of 1917). No compen
sation shall be allowed for the first seven calendar days after disability
begins, except as provided in the next following section, but if disabil
ity extends beyond the period of seven days, compensation shall begin
on the eighth calendar day after the injury: Provided, however, That if
such disability continues for six weeks or longer, such compensation
shall be computed from the date of the injury.
Medical, etc.,
3661. S e c . I l l (as amended by ch. 91, acts of 1919). The employer
aid‘
shall be liable for reasonable medical and hospital services and medi
cines as and when needed, not, however, to exceed two hundred dollars
in value, unless the employee refuses to allow them to be furnished by
the employer. In cases of injury requiring dismemberment, or in
juries involving major sugical [surgical] operation, the employee may
designate to his employer the physician or surgeon to perform the opera
tion. If the injured employee refuses or neglects to avail himself of
medical or surgical treatment furnished by the employer, except as
herein and otherwise provided, the employer shall not be liable for an
aggravation of such injury due to such refusal and neglect.
Compensation
3662. Sec. 112 (as amended by ch. 91, acts of 1919). The following
“*
schedule of compensation is hereby established for injuries resulting in
disability:
Total disabil( l ) F0r the first three hundred weeks of total disability, the compenlty;
sation shall be sixty-six and two-thirds per centum of the wages received
at the time of injury, but such compensation shall not be more than
fifteen dollars per week, nor less than six dollars per week: Provided,
That, if at the time of injury the employee receives wages of less than
six dollars per week, then he shall receive the full amount of such wages
per week as compensation. After the first three hundred weeks of total
disability, for the remainder of the life of the employee, he shall re
ceive forty-five per centum of the wages received at the time of the
injury, but the compensation shall not be more than twelve dol
lars per week nor less than four dollars and fifty cents per
week: Provided, That, if at the time of the injury, the employee
receives wages of less than four dollars and fifty cents per week, then
he shall receive the full amount of such wages as compensation. Noth
ing in this subdivision shall require payment of compensation after
disability shall cease. Should partial disability be followed by total
disability, the period of three hundred weeks mentioned in this sub
division of this section shall be reduced by the number of weeks during
which compensation was paid for partial disability.
Partial disabil- (2) For disability partial in character (except the particular cases
y*
mentioned in subdivision 3 of this section), the compensation shall be
sixty-six and two-thirds per centum of the difference between the wages
received at the time of the injury and the earning power of the em-(

T EX T OF L A W S— N EBRA SK A.

673

ployee thereafter, hut such compensation shall not be more than fifteen
dollars per week. This compensation shall be paid during the period
of such partial disability; not, however, beyond three hundred weeks
after the date of the accident causing disability. Should total dis
ability be followed by partial disability, the period of three hundred
weeks mentioned in this subdivision shall be reduced by the number
of weeks during which compensation was paid for such total disability.
(3)
or all disability resulting from permanent injury of the following Schedule.
classes, the compensation shall be exclusively as follows:
For the loss of a thumb, sixty-six and two-thirds per centum of daily
wages during sixty weeks.
or the loss of a first finger, commonly called index finger, sixty-six
and two-thirds per centum of daily wages during thirty-five weeks.
For the loss of a second finger, sixty-six and two-thirds per centum
of daily wages during thirty weeks.
For the loss of a third finger, sixty-six and two-thirds per centum of
daily wages during twenty weeks.
For the loss of a fourth finger, commonly called the little finger, sixtySix and two-thirds per centum of daily wages during fifteen weeks.
The loss of the first phalange of the thumb, or of any finger, shall be
considered to be equal to the loss of one-half of such thumb or finger and
compensation shall be for one-half of the periods of time above specified,
and the compensation for the loss of one-half of the first phalange shall
be for one-fourth of the periods of time above specified.
The loss of more than one phalange shall be considered as the loss of
the entire finger or thumb: Provided, however, That in no case shall the
amount received for more than one finger exceed the amount provided
in this schedule for the loss of a hand.
For the loss of a great toe, sixty-six and two-thirds per centum of daily
wages during thirty weeks.
For the loss of one of the toes other than the great toe, sixty-six and
two-thirds per centum of daily wages during ten weeks.
The loss of the first phalange of any toe shall be considered equal to
the loss of one-half of such toe, and compensation shall be for one-half
of the periods of time above specified.
The loss of more than one phalange shall be considered as the loss
of the entire toe.
For the loss of a hand, sixty-six and two-thirds per centum of daily
wages during one hundred and seventy-five weeks.
For the loss of an arm, sixty-six and two-thirds per centum of daily
wages during two hundred and twenty-five weeks.
For the loss of a foot, sixty-six and two-thirds per centum of daily
wages during one hundred and fifty weeks.
For the loss of a leg, sixty-six and two-thirds per centum of daily
wages during two hundred and fifteen weeks.
For the loss of an eye, sixty-six and two-thirds per centum of daily
wages during one hundred and twenty-five weeks.
For the loss of an ear, sixty-six and two-thirds per centum of daily
wages during twenty-five weeks.
For the loss of hearing in one ear, sixty-six and two-thirds per
centum of daily wages during fifty weeks.
For the loss of hearing in both ears, sixty-six and two-thirds per
centum of daily wages during one hundred weeks.
For the loss of the nose, sixty-six and two-thirds per centum of daily
wages during fifty weeks.
The loss of both hands, or both arms, or both feet, or both legs, or
both eyes, or of any two thereof, shall constutute [constitute] total and
permanent disability and be compensated for according to the provisions
of subdivision 1 of this section.
Amputation between the elbow and the wrist shall be considered as
the equivalent of the loss of a hand, and amputation between the
knee and the ankle shall be considered as the equivalent of the loss
of a foot. Amputation at or above the elbow shall be considered as the
loss of an arm, and amputation at or above the knee shall be con
sidered as the loss of a leg. Permanent total loss of the use of a finger,
177982°—21— Bull. 272------ 43

674

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

hand, arm, foot, leg, or eye shall be considered as the equivalent oI
the loss of such finger, hand, arm, foot, leg, or eye.
Other injuries.
In all cases involving a permanent partial loss of the use or function
of any of the members mentioned in subdivision 3 of section 3662, the
compensation shall bear such relation to the amounts named in said
subdivision 3 of section 3662 as the disabilities bear to those produced
by the injuries named therein. Should the enployer [employer] and
the employee be unable to agree upon the amount of compensation to be
paid in cases not covered by the schedule, the amount of compensation
shall be settled according to the provisions of section 3680.
Maximum and
Compensation under this subdivision shall not be more than fifteen
merit?11111 pay~dollars per week nor less than six dollars per week: Provided, That,
if at the time of injury, the employee receives wages of less than
six dollars per week, then he shall receive the full amount of such
wages per week as compensation.
It is expressly provided that nothing contained in this section or
this entire amendatory act is intended to or shall operate to affect
the amount or amounts recoverable for an injury of any character
sustained by any person or persons prior to the time this amendatory
act goes into effect.
Death benefits.
3663. S ec . 113 (as amended by ch. 91, acts of 1919). If death results
from injuries and the deceased employee leaves one or more depend
ents wholly dependent upon his earnings for support at the time of the
accident causing the injury, the compensation, subject to the provisions
of the next following section, shall be sixty-six and two-thirds per
centum of the wages received at the time of the injury, but the com
pensation shall not be more than fifteen dollars per week or less than
six dollars per week: Provided, If at the time of injury the employee
receives wages of less than six dollars per week, then the compensation
shall be the full amount of such wages per week. This compensation
shall be paid during dependency^ not exceeding three hundred and
fifty weeks from the date of the accident causing such injury. It is ex
pressly provided that nothing contained in this section or this entire
amendatory act is intended to or shall operate to affect the amount or
amounts recoverable for an injury of any character sustained by any
person or persons prior to the time this amendatory act goes into effect.
(2)
If at the time of the accident which resulted in his death the
deceased employee leaves no persons wholly dependent, but leaves
persons partially dependent upon his earnings for support, compensa
tion shall be paid on account of the benefits provided in subdivision 1
of this section for persons wholly dependent ,in the proportion that the
average amount regularly contributed by the deceased from his wages
for a reasonable time immediately prior to the accident, to such persons
who were partially dependent, bears to the total wages of the deceased
during the time.
^(3) Upon the death of an employee resulting through personal inju
ries as herein defined, whether or not there be dependents entitled to
compensation, the reasonable expenses of burial, not exceeding one
hundred fifty dollars, without deduction of any amount theretofore paid
or to be paid for compensation or for medical expenses, shall be paid to
his dependents, or if there be no dependents, then to his personal rep*
resentative.
N onresident
^4) Compensation under this article to alien dependents, widows,
aliens.
children, and parents not residents of 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 the death of the injured employee the
employer may, at his option, commute all future installments of com
pensation to be paid to such alien dependents by paying to them twothirds of the total amount of such future installments of compensation.
Alien widowers, brothers, and sisters not residents of the United States
shall not be entitled to any compensation.
(5)
The consul general, consul, vice consul general, or vice consul
of the nation of which the employee whose injury results in death is
a citizen, or the representative of such consul general, consul, vice con
sul general, or vice consul residing within the State of Nebraska shall
be regarded as the sole legal representative of any alien dependents of
the employee, residing outside of the United States and representing

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the nationality of the employee. Such consular officer, or his repre
sentative, residing in the State of Nebraska, shall have in behalf of
such nonresident dependents the exclusive right to adjust and settle
all claims for compensation provided by this article and to receive for
distribution to such nonresident alien dependent all compensation
arising thereunder.
3664. Sec. 114 (as amended by ch. 85, acts of 1917). The death of an l>eath of em*
injured employee prior to the expiration of the period within which eompensSiorl^118
he would receive such disability payment, shall be deemed to end such
disability, and all liability for the remainder of such payment which
he would have received in case he had lived shall be^ terminated, but
the employer shall thereupon be liable for the following death benefit
in lieu of any further disability indemnity:
If the injury so received by such employee was the cause of hia
death, and such deceased employee leaves dependents as hereinbefore
specified, wholly or partially dependent upon him for support, the
death benefit shall be a sum sufficient, when added to the indemnity
which shall at the time of death have been paid or become payable
under the provisions of this article to such deceased employee, to make
the total compensation for the injury and death equal to the full amount
which such dependents would have been entitled to receive under the
provisions of the next preceding section, in case the accident had
resulted in immediate death; and such benefits shall be payable in the
same manner and subject to the same terms and conditions in all
respects, as payments made under the provisions of said next preceding
section. ^ No deduction shall be made for the amount which may have
been paid for medical and hospital services and medicines or for the
expenses of burial. If the employee die from some cause other than the
injury, there shall be no liability for compensation to accrue after his
death.
3665. S e c . 115. The following persons shall be conclusively presumed Dependents,
to be wholly dependent for support upon a deceased employee:
m
(a) A wife upon a husband with whom she is living at the time of
his death.
(b)
Husband upon a wife with whom he is living at the time of her
death.
_^(c) Child or children under the age of sixteen years (or over said age
if physically or mentally incapacitated from earning) upon the parent
with whom he is or they are living at the time of death of such parent,
there being no surviving parent. In case there is more than one child
thus dependent, the death benefit shall be divided equally among
them.
(d) Compensation shall be payable under the two next preceding
sections to or on account of any child, brother, or sister, only if and
while such child, brother, or sister is under the age of sixteen. No
compensation shall be payable under said section to a widow, unless
she was living with her deceased husband at the time of his death:
Provided, A wife or a husband living in a state of abandonment for
more than two years at the time of the injury, or subsequently, shall
not be a beneficiary under this article. The terms “ child” and
“ children” shall include stepchildren and adopted children if mem
bers of the decedent’s household at the time of his death, and shall
include posthumous children. If the compensation payable under
said sections to any person shall for any cause cease, the compensation
to the remaining persons entitled thereunder shall thereafter be the
same as would have been payable to them had they been the only per
sons entitled to compensation at the time of the death of the deceased.
If a widow or widower of a deceased employee shall remarry, then the
compensation benefits shall become payable to the child or children
of such widow or widower, if there be any such child or children; but
if there be no such child or children of such dependent widow or wid
ower, the rights of such widow or widower shall not be affected by
such remarriage.
(e) In all other cases, questions of dependency, in whole or in part,
shall be determined in accordance with the fact, as the fact may be at
the time of the injury; and in such other cases, if there is more thaa
one person wholly dependent, the death benefit shall be divided

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equally among them, and persons partly dependent, if any, shall
receive no part thereof; if there is no one wholly dependent and more
than one person partly dependent, the death benefit shall be divided
among them according to the relative extent of their dependency.
(/) No person shall be considered a dependent unless he or she be a
member of the family of the deceased employee, or bears to him the
relation of widow or widower, or lineal descendant, or ancestor, or
brother, or sister.
(g)
Questions as to who constitute dependents and the extent of
their dependency shall be determined as of the date of the accident
to the employee, and the death benefit shall be directly recoverable
by and payable to the dependent or dependents entitled thereto, or
their legal guardians or trustees. No dependent of an injured em
ployee shall be deemed, during the life of such an employee, a party
in interest to any proceeding by him for the enforcement or collection
of any claim for compensation, nor as respects the compromise thereof
of such employee.
Payments.
3666. S e c . 116 (as amended by ch. 91, acts of 1919). Except as
hereinafter provided, all amounts of compensation payable under the
provisions of this article shall be payable periodically in accordance
with the methods of pa} ment of the wages of the employee at the time
of the injury or death: Provided, Fifty per centum shall be added for
waiting time for all delinquent payments after thirty days’ notice has
been given of disability. Whenever the employer refuses payment,
or when the employer neglects to pay compensation for thirty days
after injury, and proceedings are had before the compensation com
missioner, a reasonable attorney’s fee shall be allowed the employee
by the court in the event the employer appeals from the award of the
commissioner and fails to obtain any reduction in the amount of such
award; the appellant court shall in like manner allow the plaintiff a
reasonable sum as attorney’s fees for the appellant proceedings.
Wages.
3667. S e c . 117 (as amended by ch. 85, acts of 1917). Wherever in
this article the term “ wages” is used, it shall be construed to mean the
money rate at which the service rendered is recompensed under the
contract of hiring in force at the time of the accident, and shall not
include gratuities received from the employer or others, nor shall i t
include board, lodging, or similar advantages received from the emloyer, unless the money value of such advantages shall have been
xed by the parties at the time of hiring. In occupations involving
seasonal employment or employments dependent upon the weather,
the employee’s weekly wages shall be taken to be one-fiftieth of the
total wages which he has earned from all occupations during the year
immediately preceding the accident, unless it be shown that during
such year, by reason of exceptional causes, such method of computation
does not ascertain fairly the earnings of the employee, in which case
the period for calculation shall be extended so far as to give a basis for
the fair ascertainment of his average Weekly earnings. In continuous
employments, if immediately prior to the "accident the rate of wages
was fixed by the day or hour, or by the output of the employee, his
weekly wages shall be taken to be his average weekly income for the
period of time ordinarily constituting his week’s work, and using as the
basis of calculation his earnings during as much of the preceding six
months as he worked for the same employer; the calculation, further
more, to be made with reference to average earnings for a working day
of ordinary length and exclusive of earnings from overtime.
Willful negli- # 3668. S e c . 118. If the employee is injured by reason of his intengence.
tional willful negligence, or by reason of being in a state of intoxication,
neither he nor his beneficiaries shall receive any compensation under
the provisions of this article.
.Second inju- 3669. S ec. 119. If an employee receives an injury which, of itself,
ries*
would only cause partial disability, but which, combined with a pre
vious disability, does in fact cause total disability, the employer shall
only be liable as for the partial disability, so far as the subsequent
injury is concerned.
Joint employ- 3670. S e c . 120. In case any employee for whose injury or death
ers*
compensation is payable under this article, shall, at the time of the
injury, be employed and paid jointly by two or more employers subject

TEXT OF LAWS---- NEBRASKA.

677

to this article, such employers shall contribute to the payment of such
compensation in proportion to their several wage liabilities to such
employee. If one or more but not all of such employers should be
subject to the provisions of part II of this article, then the liability of
such of them as are so subject shall be to pay that proportion of the
entire compensation which their proportionate wage liability bears to
the entire wages of the employee: Provided, however, Nothing in this
section shall prevent any arrangement between employers of a different
distribution between themselves of the ultimate burden of compen
sation.
3671. Sec. 121. No savings or insurance of the injured employee, or Employee’s inany#contrib ution made by him to any* benefit fund or protective asso- surance, etc.
ciation independent of this article, shall be taken into consideration
in determining the compensation to be paid hereunder; nor shall
benefits derived from any other source than those paid or caused to
be paid by th e employer as herein provided be considered in fixing the
compensation under this article.
3672. Sec. 122. No agreement by an employee to waive his rights to Waivers,
compensation under this article shall be valid.
3673. S e c . 122. If an injured employee is mentally incompetent or Incompetents,
is a minor at the time when any right or privilege accrues to him under
this article, his guardian or next friend may, in his behalf, claim and
exercise such right or privilege.
3674. S e c . 121 (as amended by ch. 85, acts of 1917'). No proceed- . Notice of inings for compensation for an injury under this article shall be main- ^urjr*
tained unless a notice of the injury shall have been given to the em
ployer as soon as practicable after the happening thereof; and unless
the claim for compensation with respect to such injury shall have been
made within six months after the occurrence of the same, or in case of
the death of the employee, or in the event of his physical or mental in
capacity, within six months after death, or the removal of such physical
or mental incapacity: Provided, That all disputed claims for compensa
tion or benefits shall be first submitted to the compensation commis
sioner, as provided in section 3680. The said notice shall be in writing,
and shall state in ordinary language the time, place, and cause of the
injury; and shall be signed by the person injured, or by a person in his
behalf, or, in the event of his death, by his legal representative or by a
person in his behalf.
•
The notice shall be sensed upon the employer or an agent thereof. Service.
Such service may be made by delivering said notice to the person on
whom it is to be served, or leaving it at his residence or place of business,
or by sending it by registered mail addressed to the person or corporation
on whom it is to be served at his last known residence or place of busi
ness.
A notice given under the provisions of this section shall not be held
invalid or insufficient by reason of any inaccuracy in stating the time,
place, or cause of the injury, unless it is shown that it was the intention
to mislead, and the employer, or the insurance company carrying such
risk, as the case may be, was in fact misled thereby. Want of such
written notice shall not be a bar to proceedings under this act, if it be
shown that the employer had notice or knowledge of the in ju ij.
3675. Sec. 125. After an employee has given notice of an injury, as Medical examiprovided in the next preceding section, and from time to time there- nations*
after during the continuance of his disability, he shall, if so requested
by the employer or the insurance company carrying such risk, submit
himself to an examination by a physician or surgeon legally authorized
to practice medicine under the laws of the State, furnished and paid for
by the employer, or the insurance company carrying such risk, as the
case may be. The employee shall have the right to have a physician
provided and paid for by himself present at the examination. The
refusal of the employee to submit to such examination shall deprive
him of the right to compensation under this article during the con
tinuance of such refusal, and the period of such refusal shall be de
ducted from the period during which compensation would otherwise be
payable.

678

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Limitation.

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3676. Sec. 126. In all death, claims where the cause of death is
obscure or disputed, any interested party may require an autopsy, the
cost of such autopsy to be borne by the party demanding the same.
3677. Sec. 127 (as amended by ch. 85, acts of 1917). The interested
parties shall have the right to settle all matters of compensation between
themselves, in accordance with the provisions of this article: Provided,
That a copy of such settlement shall be filed with the compensation
commissioner, and no such settlement shall be binding unless in accord
with the provisions of this article.
3678. S e c . 128 (as amended by ch. 91, acts of 1919). A1J disputed
claims for compensation or for benefits under this article must be sub
mitted to the compensation commissioner for an award. If either
party at interest is dissatisfied with the award of the compensation com
missioner, the matter may be submitted to the district court of the
county which would have jurisdiction of a civil action between parties,
either at or during a regular term of the district court of said county or
during any period of time between the regular term time of the district
court of said county, which court shall have authority to hear and deter
mine the cause as in equity and enter final judgment therein determin
ing all questions of law and fact in accordance with the provisions of
this article, which judgment shall be final and conclusive unless
reversed, dismissed, or modified, on appeal or otherwise modified pur
suant to the provisions of this act: Provided, however, If either party
appeals from the award of the compensation commissioner notice of the
appeal shall be given to the commissioner and the petition on appeal
filed in the district court within seven days from the date of the award.
3679. S e c . 129 (as amended by ch. 85, acts of 1917). In case of
personal injury, all claims for compensation shall be forever barred
unless, within one year after the accident, the parties shall have agreed
upon the compensation payable under this act, or unless, within one
year after the accident, one of the parties shall have filed a petition as
provided in section 3680 hereof. In case of death, all claims for
compensation shall be forever barred unless, within one year after the
death, the parties shall have agreed upon the compensation under this
act, or unless within one year after the death, one of the parties shall
have filed a petition as provided in section 3680 hereof. Where, how
ever, payments of compensation have been made in any case,s aid
limitation shall not take effect until the expiration of one year from
the time of the making of the last payment. In the event of legal dis<
ability of an injured employee, said limitation shall not take effect
until the expiration of one year from time of removal of such legal dis
ability .
3680. S ec . 130 (as amended by ch. 85, acts of 1917). Procedure in
cases of dispute shall be as follows:
Either party may file with the compensation commissioner a verified
petition setting forth the names and residences of the parties and the
facts relating to the employment at the time of the injury, the injury
in its extent and character, the amount of wages being received at the
time of injury, the knowledge of or notice to the employer of the occur
rence of said injury, and such other facts as may be necessary for the
information of the commissioner, and also stating the matter or matters
in dispute and the contention of the petitioner with reference thereto.
Upon the filing of such petition a summons shall issue and be served
upon the adverse party, as in civil causes, together with a copy of the
petition. Return of service shall be made within four days from the
issuance of the summons. Within seven days after the return day of
such summons the party upon whom the same is served shall file an
answer to said petition, which shall admit or deny the substantial aver
ments of the petition, and shall state the contention of the defendant
with reference to the matters in dispute, as disclosed by the petition.
The answer shall be verified in like manner as required for a petition.
At the expiration of the time fixed for filing the answer the compensa
tion commissioner shall proceed to hear all parties at interest and make
such recommendations and awards as such compensation commissioner
may be authorized by law to make.
In case either party refuses to accept the recommendations or awards
of the compensation commissioner, either party may submit to the dis-

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trict court a verified petition setting forth the names and residences of
the parties and the facts relating to the employment at the time of the
injury, the injury in its extent and character, the amount of wages
being received at the time of the injury, the knowledge of or notice to
the employer of the occurrence of said injury, and such other facts aa
may be necessary for the information of the court, and also stating the
matter or matters in dispute and the contention of the petitioner with
reference thereto.
Upon the filing of such petition a summons shall issue and be served
upon the adverse party, as in civil causes, together with a copy of the
petition. Return of service shall be made within four days from the
issuance of the summons. Within seven days after the return day of
such summons the party upon whom the same is served shall file aa
answer to said petition, which shall admit or deny the substantial aver
ments of the petition, and shall state the contention of the defendant
with reference to the matters in dispute, as disclosed by the petition.
The answer shall be verified in like manner as required for a petition.
At the expiration of the time fixed for filing answer the court shall pro
ceed to hear and determine the cause without delay and shall render
|udgment thereon according to the form of law* Any appeal from such
judgment shall be prosecuted in accordance with the general laws of
the State regulating appeals and actions at law except that such
appeal shall be perfected within thirty days from the entry of the judg
ment, and the cause shall be advanced for hearing in the supreme court
so.- as to bring said cause on for argument before such court within sixty
days from the filing of the appeal, and said supreme court shall render
its judgment and opinion in such cases within thirty days after sub
mission.
3681. Sec. 131 (as amended by ch. 85, acts of 1917), The amounts Lumpsums,
of compensation payable periodically under the law, by agreement of
the parties with the approval of the compensation commissioner, may
be commuted to one or more lump-sum payments, except compensa
tion due for death and permanent disability, which may be commuted
only upon the order or decision of the district court: Provided, That
where commutation is agreed upon, or ordered by the court,, the lump
sum to be paid shall be fixed at an amount which will equal the total
sum of the probable future payments, capitalized at their present value
upon the basis of interest calculated at five per centum per annum with
annual rests. Upon payingsuch amount, the employer shall be dis
charged from all further liability on account of the injury or death, and
be entitled to a duly executed release, upon filing which, or other due
proof of payment, the liability of such employer under any agreement,
award, findings, or decree shall be discharged of record.
Whenever an injured employee or his dependents and the employer
agree that the amounts of the compensation due in periodic payments
for death, permanent disability, or claimed permanent disability,
under this article, shall be commuted to one or more lump pay
ments, such settlement or agreement therefor shall be submitted to the
district court in the following manner:
An application for the approval of such settlement, signed by both
parties, shall be filed with the clerk of the district court, and shall be
entitled the same as an actio a b y such employee or dependents against
such employer, and shall contain a concise statement of the terms of
the settlement sought to be approved, together with a brief statement
of the facts concerning the injury, the nature thereof, the wages
received by the injured employee^prior thereto, and the nature of the
employment. The judge of the district court, immediately, or within
one week after the filing of said application, unless there be good cause
for continuance, at chambers or in epen court and in or out of term time,
shall hold a hearing on said application, and proof may he adduced,
witnesses subpoenaed and examined, the same as in an action in equity.
If, after such inquiry, the court finds said settlement fair, just, and for
the best interests of said employee or his dependents under all the
circumstances, he shall make an order approving the same. If such
agreement or settlement be not approved the court may dismiss said
application at the cost of the employer or continue the hearing, in th»
discretion of the court.

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The fees of the clerk#of the district court for filing, docketing, and
indexing such application shall be one dollar.
What se ttle 3682. S e c . 132 (as amended by ch. 85, acts of 1917). All settlements
ments nnai.
agreement of the parties with the approval of the compensation
commissioner and all awards of compensation made by the court,
except those amounts payable periodically for six months or more, shall
be final and not subject to readjustment.
Reviews.
3683. S e c . 133 (as amended by ch. 85, acts of 1917). All amounts
paid by an employer or by an insurance company carrying such risk,
as the case may be, and received by the employee or his dependents,
by lump-sum payments, shall be final, hut the amount of any agreement
or award payable periodically for more than six months may be modi
fied as follows:
(a) At any time by agreement of the parties with the approval of the
compensation commissioner.
(b) If the parties can not agree, then at any time after six months
from the date of the agreement or award an application may be made
to the court by either party ^on the ground of increase or decrease of
incapacity due solely to the injury, or that the condition of a depend
ent has changed as to age or marriage, or by reason of the death of a
dependent. In such case the same procedure shall be followed as in
section 3680 in case of disputed claim for compensation.
Payments to
3684. S e c . 134 (as amended by ch. 85, acts of 1917). At any time
trustees.
after the amount of any award has been agreed upon by the parties and
approved by the compensation commissioner, or found and ordered by
the court, a sum equal to the present value of all future installments of
compensation may (where death or the nature of the injury renders the
amount of future payments certain) by leave of court, be paid by the
employer, or by the insurance company carrying such risk, as the case
may be, to any savings bank or trust company of this State, in good
standing, and such sum, together with all interest thereon, shall there
after be held in trust for the employee or the dependents of the em
ployee, who shall have no further recourse against the employer. The
payment of such sum by the employer, evidenced by the receipt of the
trustee to be filed with the compensation commissioner, shall operate as
a satisfaction of said award as to the employer. Payments from said
fund shall be made by the trustee in the same amounts and at the same
time as are herein required of the employer until said fund and interest
shall be exhausted. In the appointment of the trustee, preference
shall be given, in the discretion of the court, to the choice of the injured
employee or the dependents of the deceased employee, as the case may
be.
Administrators. ^ 3685. Sec. 135. In case of death, where no executor or administrator
is qualified, the said court shall, by order, direct payment to be made
to such persons as would be appointed administrator of the estate of
such decedent, upon like terms as to bond for the proper application of
compensation payments as are required of administrators.
Reports.
3686. S ec. 136 (as amended by ch. 85, acts of 1917). Reports of acci
dents and settlements shall be made in form and manner as prescribed
and directed by the compensation commissioner. Such reports, if filed
by an insurance company on behalf of an employee, shall be deemed to
have been filed by the employer.
When an injury results in the death of an employee who is a citizen
or subject of a foreign country, the compensation commissioner shall,
after such death has been reported to him, at once notify the superior
consular officer of the country of which the employee at the time of his
death was a citizen or subject, and whose consular district embraces the
State of Nebraska, or the representative, residing in the State of Ne
braska, of such consular officer, whom he shall have formally designated
as his representative by a communication in writing to the compensa
tion commissioner. Such notification shall contain in addition to the
name of the employee, such further information as the compensation
commissioner may possess respecting the place of birth, parentage, and
names and addresses of the dependents of the employee.
Insurance.
^ 3687. Sec. 137 (as amended by ch. 85, acts of 1917). Every employer
in the occupations described in section 97 of this chapter shall either
insure and keep insured his liability under this article in some corpo-

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ration, association, or organization authorized and licensed to transact
the business of workmen’s compensation insurance in this State, or shall
furnish to the compensation commissioner satisfactory proof of his finan
cial 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 com
pensation commissioner may in his discretion require the deposit of an
acceptable security, indemnity, or bond to secure the payment of com
pensation liabilities as they are incurred. Every employer who fails,
neglects, or refuses to comply with the conditions set forth in this sec
tion shall be deemed to have elected not to come under Part II hereof,
and shall be required to respond in damages to an employee for personal
injuries, or where personal injuries result in the death of an employee,
then to his dependents, in like manner as if the employer had filed an
election with the compensation commissioner rejecting the provisions
of Part II of the compensation act.
3688. Sec . 138 (as amended by ch. 85, acts of 1917). No policy of Provisions of
insurance against liability arising under this act shall be issued unless p icies’
it contains the^ agreement of the insurer 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 the giving of any notice
required by such policy, or otherwise. Such agreement shall be
construed to be a direct promise by the insurer to the person entitled
to compensation enforceable in his name.
Every policy for insurance of the compensation herein provided, or
against liability thereof, shall be deemed to be made subject to the
provisions of this act. No corporation, association, or organization
shall enter into any such policy of insurance unless its form shall have
been approved by the compensation commissioner.
All policies insuring the payment of compensation under this act
must contain a clause to the effect that as between the employer and
the insurer the notice to or knowledge of the occurrence of the injury
on the part of the insured shall be deemed notice or knowledge, as the
case may be, on the part of the insurer; that jurisdiction of the insured
for the purpose of this act shall be jurisdiction of the insurer; and that
the insurer shall in all things be bound by and subject to the awards,
judgments, or decrees rendered against such insured.
3689. Sec . 139. Nothing herein shall affect any existing contract for Existing eonemployer s liability insurance, or affect the organization of any mutualtracts*
or other insurance company, or any arrangement now existing between
employers and employees providing for the payment to such employees,
their families, dependents, or representatives, sick, accident, or death
benefits in addition to the compensation provided for by this article;
but liability for compensation under this article shall not be reduced
or affected by any insurance of the injured employee, or any contri
bution or other benefit whatsoever, due to or received by the person
entitled to such compensation, and the person so entitled shall, irre
spective of any insurance or other contract, have the right to recover
the same directly from the employer, and in addition thereto the right
to enforce in his own name in the manner provided in the next preced
ing section the liability of any insurer who may, in whole or in part,
have insured the liability for such compensation: Provided, however,
Payment in whole or in part of such compensation by either the em
ployer or the insurer, asthe case may be, shall, to the extent thereof,
be a bar to recovery against the other of the amount so paid.
P art III.
miscellaneous provisions .

3690. Section 140. If any employee, or his dependents in case of
death, or any employer subject to the provisions of Part II of this
article, files any claim with, or accepts any payment from such em
ployer, or from any insurance company carrying such risk, on account
of personal injury, or makes any agreement, or submits any question
to the court under Part II of this article, such action shall constitute a

Suits

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Assignm ents,

etc’
Preferences.

Definitions.

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release to such- employer of all claims or demands at law, if any, arising
from such injury.
3691. S e c . 141. No payments under this article shall be assignable
oi: subject to attachment or garnishment, or be held liable in any way
for any debts, except as provided in section 99 of this chapter.
3692. Sec . 142. The right to compensation and all compensation
awarded any injured employee or for death claims to his dependents
(without limit of amount), shall have the- same preference against the
assets of the employer as unpaid wages for labor,, butsuch compen
sation shall not become a lien on the property of third persons by
reason of such preference.
3693. S e c . 143 (as amended by ch. 85, acts of 1917). Throughout
this act the following words and phrases as used therein shall be con
sidered to have the following meaning, respectively, unless the con
text shall clearly indicate a different meaning in the construction
used:
(a)
The term ‘ 'physician” shall include “ surgeon,” and in either
case shall mean one legally authorized to practice his profession within
the State of Nebraska, and in good standing in his profession at the
time.
(h)
The word “ accident” as used 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 objective
symptoms of an injury.
The term ‘ £injury ” and ‘ ‘ personal injuries ” shall mean only violence
to the physical structure of the body and such disease or infection as
naturally results therefrom. The said terms shall in no case be con
strued to include occupational disease in any form, or any contagious
or infectious disease contracted during the course of employment, or
death due to natural causes, but occurring while the workman is at
work.
“ Death” when mentioned as a basis for the right to compensation
means only death resulting from such violence and its resultant effects
occurring within three hundred and fifty weeks after the accident.
(c) Without otherwise affecting either the meaning or interpretation
of the abridged clause, “ personal injuries arising out of and in the
course of employment,” it is hereby declared not to cover workmen
except while engaged in, on, or about the premises where their duties
are being performed, or where their service requires their presence as
a parfc of such services at the time of the injury, and during the hours
of service as such workmen.
(d) For the purpose of this act, willful negligence shall consist of
(1) deliberate act, or (2) such conduct as evidences reckless indiffer
ence to safety^ or (3) intoxication at the time of the injury, such intoxi
cation being without the consent or knowledge or acquiescence of the
employer or the employer’s agent.
(e) Whenever in this act the singular is used, the plural shall be
included; where the masculine gender is used, the feminine shall be
included.
(/) The designation “ State insurance commissioner” or “ insurance
commissioner” as used herein is intended to mean the State official
who has charge of the insurance department of the State of Nebraska.
(g) The ‘ ‘ court ” as used herein shall mean the district court which
would have jurisdiction in an ordinary civil case involving a claim for
the injuries or death in question, and the “ judge” shall mean a judge
of said court.
(h) The designation “ compensation commissioner” or “ commis
sioner” as used herein is intended to mean the State official desig
nated by the statutes to administer this article.
ACTS OF 1917.
C h a p te r 85 .—

C o m p e n sa tio n o f w o r k r m n fo r in ju r ie s .

[This act waa mainly amendatory of the act of 1913, but it also added
the following new matter.]
Priorinjuries.
S ection 25.. It is expressly provided that not anything contained
in this entire amendatory act is intended to or shall operate to affect

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683

the amount or amounts recoverable for any character of injury sus
tained by any person or persons prior to the going into effect of this
amendatory act.
S e c . 26. There is hereby created a compensation division in th e Compensatiwi
bureau of labor for the State of Nebraska.
m sion.
S e c . 27. The commissioner of labor of the State is hereby made th e
Commissioner
compensation commissioner and there is hereby imposed upon him ° a )or t0 act*
the duty of executing all of the provisions of Article V III, chapter 35,
Revised Statutes of Nebraska for the year 1913, and any act or acts
amendatory thereof. To aid him in the discharge of his duty he is
hereby authorized to appoint a chief deputy compensation commis
sioner who shall serve for a period of two years from the date of ap
pointment and until his successor is appointed and qualifies, and
shall receive such remuneration for his services and in such manner
as provided by legislative enactment. The chief deputy compensa
tion commissioner shall succeed to the powers and discharge the duties ,
vested in the compensation commissioner. The compensation com
missioner shall from time to time promulgate such rules and regula
tions as are necessary and proper to promptly and effectively enforce
the provisions of Article VIII, chapter 35, Revised Statutes of Nebraska
for tKe year 1913, and any act or acts amendatory thereof. In the per
formance of his duties the compensation commissioner, or the chief Powers,
deputy compensation commissioner, is authorized and empowered to
examine under oath or otherwise any person, any employee, any em
ployer, any agent, or superintendent, or foreman, or officer of any
copartnership or corporation, or any officer of any domestic insurance
company, or any agent of any foreign insurance company, or any medi
cal practitioner; to issue subpoenas for the appearance of witnesses and
the production of books and papers and administer oaths with like
effect as is done in courts of law in this State. In the examination of
any witness and in requiring the production of books, papers, and other
evidence, the commissioner of compensation shall have and exercise
all of the powers of a judge, magistrate, or other officer in the taking of
depositions or the examination of witnesses, including the power to
enforce his orders by commitment for refusal to answer or for the dis
obedience of any such order.
S e c . 28. The compensation commissioner may employ such assist- Assistants,
ants as may be necessary to carry out the provisions of this act: Pro
vided, That the expenses incurred shall not exceed the appropriation
therefor. The compensation commissioner shall provide a seal for the
certification of his orders, awards, and proceedings, upon which shall
be inscribed the words, “ Compensation commissioner, State of Ne
braska—Official seal.”
S e c . 29. The compensation commissioner shall, for the purpose
Powers of com*
contemplated by this act, have power to issue subpoenas, compel the missloner*
attendance of witnesses,#administer oaths, certify to official acts, take
depositions within or without the State of Nebraska as now provided
by law, compel the production of pertinent books, pay rolls, accounts,
apers, records, documents, and testimony. If a person in attendance
efore the compensation commissioner shall refuse, without reasonable
cause, to be examined or to answer a legal and pertinent question, or
to produce a book or paper when ordered to do so by the compensation
commissioner, the compensation commissioner may apply to the dis
trict court of any judicial district in the State of Nebraska, upon
proof by affidavit of the fact, for a rule or order returnable in not less
than two or more than five days, directing such person to show cause
before the judge who made tt e order, or any other judge aforesaid,
why he should not be committed to jail; upon the return oi such order,
the judge before whom the matter and such persons shall come on for
a hearing shall examine under oath such persons and such person
shall be given an opportunity to be heard; and if the judge shall de
termine that such person has refused, without reasonable cause or
legal excuse, to be examined or to answer a legal or pertinent ques
tion, or to produce a book or paper which he was ordered to bring or
produce, he may forthwith commit the$offender to jail, there to re
main until he submits to do the act which he was so required to do,
or is discharged, according to law. No person shall be excused from

684

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Procedure.

Records.
Blanks.

Reports.

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testifying or from producing any books or papers or documents in any
investigation or inquiry by or upon any hearing before the compensa
tion commissioner, when ordered to do so by the compensation commis
sioner, upon the ground that the testimony or evidence, books, papers,
or documents required by him may tend to incriminate him or
subject him to penalty or forfeiture; but no person shall be prosecuted,
punished, or subjected to any penalty or forfeiture for or on account of
any act, transaction, matter, or thing concerning which he shall, under
oath have, by order of the compensation commissioner, testified to or
produced documentary evidence of: Provided, however, That no person
so testifying shall be exempt from prosecution or punishment for any
perjury committed by him in his testimony.
{a) Subject to the provisions of Article VIII, chapter 35, Revised
Statutes of Nebraska for the year 1913, and any act or acts amendatory
thereof, the compensation commissioner shall adopt reasonable and
proper rules to govern procedure, which procedure shall be as summary
and simple as reasonably may be. The compensation commissioner
shall regulate and provide the kind and character of notices, and the
services thereof, and in cases of injury by accident to employees, the
nature and extent of the proofs and evidence and the method of taking
and furnishing the-same for the establishment of the right to com
pensation; he shall determine the nature and forms of application of
those claiming to be entitled to benefits or compensation, and shall
regulate the method of making investigations, physical examinations
and inspections, and prescribe the time within which adjudications
and awards shall be made: Provided, always, That such rules and reg
ulations shall conform to the provisions of Article V III, section 35,
Revised Statutes of Nebraska for 1913, and any act or acts amendatory
thereof.
(b) The compensation commissioner shall not be bound by the
usual common law or statutory rules of evidence or by any technical
or formal rules of procedure, other than as herein provided, but may
make the investigation in such manner as, in his judgment, is best
calculated to ascertain the substantial rights of the parties and to carry
out justly the spirit of Article V III, chapter 35, Revised Statutes of
Nebraska for 1913, and any act or acts amendatory thereof.
(c) A transcribed copy of the evidence and proceedings, or any
specific part thereof, of any investigation taken by a stenographer
for the compensation commissioner, being certified and sworn to by
such stenographer, to be a true and correct transcript of the testimony,
or of a particular witness, or any specific part thereof, or to be a correct
copy of the transcript of the proceedings had on such investigation so
purporting to be taken and transcribed, may be received in evidence
by the compensation commissioner with the same effect as if such
stenographer were present and testified to the facts certified. A copy
of such transcript shall be furnished on demand to any party in interest
upon payment of the fee therefor, as provided for transcripts in the
district courts of the State of Nebraska.
(c?) The compensation commissioner shall keep and maintain a full
and true record of all proceedings, of all documents or papers ordered
filed, of all rules and regulations, of all decisions or orders.
(e) The compensation commissioner shall prepare and furnish free
of cost to employers, and to insurance companies licensed to write
compensation insurance in this State, blank forms of application for
benefits or compensation, elections to operate under Part II of chapter
35, Revised Statutes of Nebraska for 1913, and any act or acts amenda
tory thereof, reports of injury, proofs of injury or death, reports of
medical attendance, of employment and wage earnings, and such
other blanks as may be deemed proper and advisable. The com
pensation commissioner shall provide rules for the distribution of the
blanks so prepared, and it shall be the duty of employers to constantly
keep on hand a sufficient supply of such blanks.
(j) Annually on or before the first day of January of each year the
compensation commissioner shall issue a bulletin which shall include
a statement of the number and amount of settlements and awards
made by the compensation commissioner, the causes of the accidents
leading to the injuries for which the settlements and awards were

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made and a total statement of the expense of the compensation com
missioner, together with any other matters which the compensation
commissioner deems proper to include, as well as any recommenda
tions he may desire to make.
(g) Every claim for benefits under the provisions of Article V III, Claims,
chapter 35, Revised Statutes of Nebraska for the year 1913, and any
act or acts amendatory thereof, may be presented to the compensation
commissioner for adjudication and an order and an award. Any
party at interest may present a claim in person or by an attorney.
Every order and award of the compensation commissioner shall be
binding upon each party at interest unless notice of intention to appeal
to the district court has been filed with the compensation commis
sioner within seven days following the date of rendition of the order of
award: Provided, That the order and award shall be binding and final,
notwithstanding notice of intention to appeal has been filed within
the time limit, until the appeal has been perfected and service had
upon the opposite party or parties.
(h) Each applicant for an order or an award by the compensation Costs,
commissioner shall pay all expense of his or their own making: Provided,
That there shall be no filing fees charged by the compensation com
missioner, and that the compensation commissioner may, at his dis
cretion, assess the costs of the applicant or applicants against the
respondent or respondents as in like manner done in courts of the
State.
S e c . 30. In case for any resaon any paragraph or any provision of Provisions sevArticle V III, chapter 35, Revised Statutes of Nebraska for 1913, or erabIe*
any paragraph or any provision of this act shall be questioned in any
court and shall be held to be unconstitutional or invalid, the same
shall not be held to affect any other paragraph or provision of Article
V III, chapter 35, Revised Statutes of Nebraska for 1913, or any par
agraph or any provision of this act, except that Parts I and II of said
article are hereby declared to be inseparable, and if either part be
declared void or inoperative in an essential part, so that the whole of
such part must fall, the other part shall fall with it and not stand
alone. Part I of this article shall not apply in cases where Part II
becomes operative in accordance with the provisions thereof, but shall
apply in all other cases when the employer is subject to the provisions
of this article and in such cases shall be in extension or modification of
the common law.

NEVADA.
ACTS OF 1913.
C h a p ter

1 1 1

.— Compensation

o f workmen for injuries.

Effect of elec- S ection 1 (as amended by ch. 233, acts of 1917). (a) When, as
ers?
emP °y' ^
act provided, an employer shall accept the terms of this act and
be governed by its provisions, every such employer shall be conclusively
presumed to have elected to provide, secure, and pay compensation
according to the terms, conditions, and provisions of this act for any
and all personal injuries by accident sustained by an employee arising
out of and in the course of the employment; and in such cases the em
ployer shall be relieved from other liability for recovery of damages or
other compensation for such personal injury, unless by the terms of
this act otherwise provided.
Compulsory as
(&) Where a State, county, municipal corporation, school district,
ployees.
em" cities under special charter and commission <form of government is
the employer, the terms, conditions, and provisions of this act, for the
payment of premiums to the State insurance fund for the payment of
compensation and amount thereof for such injury sustained by an em
ployee of such employer, shall be conclusive, compulsory, and obliga
tory upon both employer and employee.
Failure of em- (c) If an employer having the right under the provisions of this act to
ployers to elect. accep^ the terms, conditions and provisions thereof, shall fail to accept
the same as herein provided, every such employer shall be deemed to
have rejected the terms, conditions, and provisions thereof, and in
such case such employer shall not escape liability for personal injury by
accident sustained by an employee of such employer when the injury
sustained arises out of and in the usual course of the employment,
because:
Defenses abro- (l) The employee assumed the risks inherent or incidental to or
gated.
arising out of his or her employment; or the risks arising from the
failure of the employer to provide and maintain a reasonably safe
place to work, or the risks arising from the failure of the employer to
furnish reasonably safe tools or appliances, or because the employer
exercised reasonable care in selecting reasonably competent em
ployees in the business.
(2) That the injury was caused by the negligence of a coemployee.
(3) That the employee was negligent, unless and except it shall ap
pear that such negligence was willful and with intent to cause the injury
or the result of the intoxication on the part of the injured party.
Presumptions.
(4 ) In actions by an employee against an employer for personal in
juries sustained, arising out of and in the course of the employment
where the employer has rejected the provisions of this act, it shall be
presumed that the injury to the employee was the first result, and
growing out of the negligence of the employer, and that such negli
gence was the proximate cause of the injury; and in such case the
burden of proof shall rest upon the employer to rebut the presumption
of negligence.
(d) Every such employer shall be conclusively presumed not to
have elected to provide, secure, and pay compensation to employees
for injuries sustained arising out of and in the course of the employment
according to the provisions of this act, unless and until notice in writ
ing of an election to accept shall have been given to the Nevada indus
trial commission, substantially in the following form:
e m p l o y e r ’s

n o t ic e

accept.

To the Nevada industrial commission:
You are hereby notified that the undersigned accepts the provisions
of the “ Nevada Industrial Insurance A ct.”
Signed-------------------.

N otice by employ ers.

(e) Where the employer has given notice of an election to accept the
terms of this act, and the employee has not given notice of an election

Effect on con-

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to reject the terms of this act, every contract to hire, express or implied
shall be construed as an implied agreement between them, and a part
of the contract on the part of the employer to provide, secure and pay,
and on the part of the employee to accept, compensation in the manner
as by this act provided for all personal injuries sustained arising out of
and in the course of employment.
(/) Every such employer electing to be governed by the provisions Payment
of
of this act, before becoming entitled to the benefits of the act in the preimams>
providing, securing, and paying of compensation to the employees
thereunder, shall on or before the first day of July, 1917, and thereafter
during the period of his election to be governed by the provisions of
the act, pay to the Nevada industrial commission all premiums in the
manner hereinafter provided; and during the period of his election to
be governed by the provisions of the act shall comply with all condi
tions and provisions of the act, hereinafter stated.
(g) Failure-on the part of any such employer to pay the premiums as Notice of rajecby the provisions of this act required shall operate as a rejection of the tioatobe pasted,
terms of this act. In the event of any rejection of this act or the terms
hereof, such rejecting employer shall post a notice of rejection of the
terms of the act upon his premises in a conspicuous place. Failure
to post said notice shall constitute a misdemeanor.
(h) It shall be the duty of such employer at all times to maintain the
notice or notices so provided for the information of his employees,
and any person failing so to maintain the same shall be guilty of &mis
demeanor.
Sec . 2 . No compensation under this act shall be allowed for an injury Willful intent,
caused:
(a) By the employee’s willful intention to injure himself or to
willfully injure another; nor shall compensation be paid to an injured
employee if injury is sustained while intoxicated.
Sec. 2| (added by ch. 233, acts of 1917). It shall be unlawful for any No deductions
employer who has elected to reject the terms, conditions and provisions from wages,
of this act, to make any charge against an employee, or to deduct from
the wages of any employee any sum of money to meet the costs, in
whole or in part, of the liability incurred by the employer by reason
of his rejection of the Nevada industrial insurance act. Any such
employer who makes a deduction for such purpose from the salary
or wage of any employee shall be guilty of a misdemeanor, and shall,
upon conviction, be fined not less than one hundred ($ 100) dollars nor
more than five hundred ($500) dollars for each offense. It is hereby
made the duty of the district attorney of the county where a violation
of this provision is charged to prosecute such cases upon complaint
of the commission, or upon complaint of any employee who submits
proper evidence of a violation of this provision.
Sec. 3. (a) The rights and remedies provided in this act for an . Remedy exeHo.
employee on account of an injury shall be exclusive of all other rights sive*
ana remedies of such employee, his personal or legal representatives,
dependents or next of kin, at common law or otherwise on account of
such injury; all employees affected by this act shall be conclusively
presumed to have elected to take compensation in accordance with
the terms, conditions, and provisions of this act until notice in
writing shall have been served upon his employer, and also on the
Nevada industrial commission, with return thereon by affidavit
showing the date upon which notice was served upon the employer.
(b) In the event that such employee elects to reject the terms, Suits by eoiconditions, and provisions of this act, the rights and remedies thereof p yees'
shall not apply where an employee brings an action or takes proceed
ings to recover damages or compensation for injuries received growing
out of and in the course of his employment, except as otherwise
provided b y this act; and in such actions where the employee has
rejected the terms of this act the employer shall have the right to
plead and rely upon any and all defenses, including those at common
law, and the rules and defenses of contributory negligence, assumption
of risk and fellow servant shall apply and be available to the employer
unless otherwise provided in this act: Provided, however, That if an
employee sustains an injury as the result of the employer’s failure to
furnish or fails to exercise reasonable care to keep or maintain any

688

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safety device required by statute or rule, or violate any of the statutory
provisions or rules and regulations now or hereafter in force relating
to safety of employees, the doctrine of assumed risk in such case
growing out of the negligence of the employer shall not apply or be
available as defensive matter to such offending party. The notice
required to be given by an employee shall be substantially in the
following form:
e m p l o y e e ’s

n o t ic e

reject

teem s

t h is

act.

To (name of employer) and the Nevada industrial commission:
Employee’sno- You and each of you are hereby notified that the undersigned elects
tice to reject.
^ reject the terms, conditions, and provisions of an act for the payment
of compensation as provided by the industrial insurance act of the
State of Nevada and acts amendatory thereto; and elects to rely upon
the common law as modified by section 3 of the said act for the right
to recover for personal injury which I may receive, if any, growing
out of and arising from the employment while in line of duty for my
employer above named.
(Signed)---------------- —
Dated this — day o f ---------, 19— .
State of Nevada, County o f ---------.
The undersigned being first duly sworn, deposes and says that the
written notice was on the — day of^---------, 19— , served on the
within-named employer of the undersigned by delivering to (name
of person served) a true, correct, and verbatim copy thereof.
Subscribed and sworn (or affirmed) to before me by the said------—
this — day o i ---------, 19— .
-------------------, Notary Public.
Term of elec- S e c . 4 (as amended by ch. 233, acts of 1917). (a) When the emn*
ployer has accepted the terms of this act, or the employee has rejected
the terms thereof in compliance with the provisions of this act, such
election shall continue and be in force until such, employer shall
thereafter reject the provisions of this act, or said employee accept the
provisions of this act, respectively, as provided in subsection (b) of
this section.
(b)
When an employer accepts, or an employee rejects, the provisions of this act, such party may at any time thereafter elect to
waive such acceptance or rejection by giving notice in writing in the
same manner required by the employer in accepting, or by the
employee in rejecting, the provisions of this act, and which shall
become effective when filed with the Nevada industrial commission.
Kejection
by
S e c . 5 . Where the employer and employee elect to reject the
both parties.
terms, conditions, and provisions of this act, the liability of the
employer shall be the same as though the employee had not rejected
the terms, conditions, and provisions thereof.
Premiums to be
S e c . 6 . An employer having come under this act, who thereafter
p
elects to reject the terms, conditions, and provisions thereof, shall not
be relieved from the payment of premiums to Nevada industrial com
mission prior to the time his notice of rejection becomes effective; and
said premiums may be recovered in an action at law as hereinafter in
this act provided.
thPdbility
°f ®EC* ^ (as amended by ch. 176, acts of 1919). When an employee
P^sons.
coming under the provisions of the act receives 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 thereof:
(a) The employee or beneficiary may take proceedings against that
person to recover damages, but the amount of the compensation to
which he is entitled under this act shall be reduced by the amount
of the damages recovered.
(b) If the employee or beneficiary in such case receives compensa
tion under this act, the Nevada industrial commission by whom the
compensation was paid, shall be entitled to indemnity from the person
so liable to pay damages as aforesaid, and shall be subrogated to the
rights of the employee to recover therefor.
Who are em* Sec. 7jr (added by ch. 176, acts of 1919). (o ) The term “ employer”
p yers.
ag Uge(j
this act shall be construed to mean: The State, and each

TE&T OF LAWS— NEVADA.

689

county, city and county, city, school district and all public corpora
tions and quasi-public corporations therein, and every person, firm,
voluntary association, and private corporation, including any publicservice corporation, which has any person in service under any
appointment or contract of hire, or apprenticeship, expressed or
implied, oral or written, and the legal representative of any deceased
employer.
(b) The term “ employee” as used in this act shall be construed to Employees,
mean: Every person in the service of an employer as defined in sub
division’ (a) of this section under any appointment or contract of hire
or apprenticeship, expressed or implied, oral or written, including
aliens, and also including minors, whether lawfully or unlawfully
employed, and all elected and appointed paid public officers, and all
officers and members of boards of directors of quasi-public or private
corporations while rendering actual service for such corporation for
pay, and a working member of a partnership receiving wages irre
spective of profits from such partnership, but excluding any person
whose employment is both casual and not in the course of the trade,
business, profession or occupation of his employer: Provided, That the
term “ casual” as used herein shall be taken to refer only to employ
ments where the work contemplated is to be completed in not exceeding
ten working days, without regard to the number of men employed
and where the total labor cost of such work is less than one hundred
dollars.
(c) Workmen associating themselves under a partnership agreement,
the principal purpose of which is the performance of the labor on a
particular piece of work, shall be deemed employees of the person
having such work executed, and, in the event that the average
monthly wages are not otherwise ascertainable, shall be deemed to be
employed at the average monthly wages of workmen engaged in like
work in the same locality.
(d) Workmen, commonly called “ leasers,” engaged individually or
in association with other workmen in performing manual labor upon
the mining property of another in the expectation of finding, develop
ing, or extracting ore or mineral of value under an agreement, oral or
written, to share in whole or in part the value of the ore or minerals
found, developed, or extracted with the lessor, shall be deemed em
ployee® of such lessor, and for the purposes of this act shall be deemed
to be employed at the average wage paid to regularly employed miners
in the locality.
S e c . 8 (as amended by ch. 190, acts of 1915). (a) The administration Industrial comof this act on and after April 1,1915, is hereby imposed upon a commis- misslonsion to be known as the Nevada industrial commission, and said com
mission, to consist of three commissioners, is hereby created. The
governor, attorney general, and inspector of mines shall constitute an
industrial commission board for the appointment of such commissioners. Board of apVacancies shall be filled in the same manner for unexpired terms. P°mtinentNo more than two of the commission shall be members of the same poli
tical party at the date of any appointment. Each commissioner shall
hoM office for the term of four years from and after date of his appoint
ment, and until his successor shall be appointed and shall have quali
fied. One commissioner shall be designated by the governor to be,
and upon being so designated shall be, chairman of the commission.
A decision on any question arising under the act concurred in by two
of the commissioners shall be the decision of the commission.
(&) The industrial commission board may remove any commissioner R e m o v a l of
for inefficiency, neglect of duty, or misconduct in office, giving him a memberscopy of the charges against him and an opportunity of being publicly
heard in person or by counsel in his own defense, upon not less than
ten days’ notice. If such commissioner shall be removed the industrial
commission board shall file in the office of the secretary of state a comlete statement of all charges made against such commissioner, and the
ndings thereon, together with a complete record of the proceedings.
(c)
Each commissioner shall receive as compensation for his services Salaries,
the sum of ten dollars per day for all days in which he is actually
engaged in the business of the commission, which in no case shall

177982°—21— Bull. 272------ 44

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exceed one hundred and fifty ($150') dollars per month. The chair
man shall also serve as executive officer of tlie commission, in charge
of the office and affairs of the commission, and shall be entitled to
additional compensation for such service, which shall be fixed by the
industrial commission board and approved by the governor. The
executive officer of the commission shall not be financially interested
in any business interfering or inconsistent with his duties. A member
of the commission, or an "employee of the commission, shall not serve
on any committee of any political party.
Sessions.
Sec. 9 . The commission shall be in continuous session and open for
the transaction of business during all the business hours of each and
every day, excepting Sundays and legal holidays. All sessions shall be
open to the public and shall stand and be adjourned without further
notice thereof on its record. All proceedings of the commission shall
be shown on its record of proceedings, which shall be a public record
and shall contain a record of each case considered, and the award made
with respect thereto, and all voting shall be had by the calling of each
member’s name by the secretary, and each vote shall be considered as
cast.
Office#
S ec. 10 (as amended by ch. 190, acts of 1915). The commission shall
keep and maintain its office at the capitol, in the town of Carson City,
Nevada, and shall be provided by the board of capitol commissioners
with suitable rooms. Except in cases of emergency, all necessary
printing, including forms, blanks, envelopes, letterheads, circulars,
pamphlets, bulletins, and reports required to be printed by said com
mission shall be done at the State printing office, and it is made the
duty of the State printer to have such printing done as expeditiously
as possible.
Employees.
S ec. 11. The commission may employ a secretary, actuary, account
ants, inspectors, examiners, experts, clerks, stenographers, and other
assistants, and fix their compensation. Such employments and com
pensation shall be first approved by the governor, and shall be paid
out of the State treasury. The members of the commission, actuaries,
accountants, inspectors, examiners, experts, clerks, stenographers, and
other assistants that may be employed shall be entitled to receive from
the State treasury their actual and necessary expenses while traveling
in the business of the commission. Such expenses shall be itemized
and sworn to by the person who incurred the expense and allowed by
the* commission.
Rules, forms, gEC. 12. The commission shall adopt reasonable and proper rules to
etc*
govern its procedure, regulate and provide for the kind and character
of notices and the services thereof, in cases of accidents and injury to
employees, the nature and extent of the proofs and evidence, and the
method of taking and furnishing the same, to establish the rights to
benefits of compensation f^om the State insurance fund, hereinafter
provided for, the forms of application of those claiming to be entitled
to benefits or compensation therefrom, the method of making investi
gations, physical examinations and inspections, and prescribe the time
within which adjudications and awards shall be made.
Employers to Sec. 13. Every employer shall furnish the commission, upon request,
mrmsn mformainformation required t y it to carry out the purposes of this act. The
commission of any member thereof, or any person employed by the com
mission for that purpose, shall have the right to examine under oath
any employer or officer, agent, or employee thereof.
Same.
S e c . 14. Every employer receiving from the commission any blank
with directions to fill the same shall cause the same to be properly filled
out as to answer fully and correctly all questions therein propounded,
and if unable to do so shall give good and sufficient reasons for such
failure. Answers to such questions shall be verified under oath and
returned to the board within the period fixed by the commission for
such return.
Power to ad- ^ Sec. 15. Each member of the commission, the secretary, and every
minister oatns. inspector or examiner appointed by the commission shall, for the pur
poses contemplated by this act, have power to administer oaths, certify
to official acts, take depositions, issue subpoenas, compel the attendance
of witnesses and the production of books, accounts, papers, records,
documents, and testimony.

TEXT OF LAWS— NEVADA,

691

S e c . 16. In case of disobedience of any person to comply with the
Disobedience of
order of the commission, or subpoena issued by it or one of its inspectors, o rs>
or examiners, or on the refusal of a witness to testify to any matter
regarding which he may be lawfully interrogated, or refuse to permit an
inspection as aforesaid, the district judge of the county in which the
person resides, on application of any member of the commission, or any
inspector or examiner appointed by it, shall compel obedience by
attachment proceedings as for contempt, as in the case of disobedience
of the requirements of subpoenas issued from such court on a refusal to
testify therein.
Sec. 17. Each officer who serves such subpoena shall receive the same Fee8fees as a sheriff, and each witness who appears, in obedience to a sub
poena, before the commission or an inspector or examiner, shall receive
for his attendance the fees and mileage provided for witnesses in civil
cases in courts of record, which shall be audited and paid from the State
treasury in the same manner as other expenses are audited and paid,
upon the presentation of proper vouchers approved by any two members
of the commission. No witness subpoenaed at the instance of a party
other than the commission or any inspector shall be entitled to com
pensation from the State treasury unless the commission shall certify
that his testimony was material to the matter investigated.
S e c . 18. In an investigation, the commission may cause deposition Depositions,
of witnesses residing within or without the State to be taken in the
manner prescribed by the law for like depositions in civil actions in the
courts of record.
S e c . 19. A transcribed copy of the evidence and proceedings, or
Evidence,
any specific part thereof, or any investigation, by a stenographer ap
pointed by the commissiou, being certified by such stenographer to
be a true and correct transcript of the testimony on the investigation,
or of a particular witness, or of a specific part thereof, carefully com
pared by him with his original notes and to be a correct statement of the
evidence and proceedings had on such investigation so purporting to
be taken and subscribed, may be received in evidence b y the commis
sion with the same effect as if such stenographer were present and testi
fied to the facts so certified. A copy of such transcript shall be furnished
on demand to any party upon the payment of the fee therefor, as pro
vided for transcript in courts of record.
Sec. 20. The commission shall prepare and furnish blank forms, and Blank forms,
provide in its rules for their distribution, so that the same may be readily
available, of application for benefits or compensation from the State
insurance fund, notices to employers, proofs of injury or death, of medi
cal attendance, of employment, and wage earnings, and such other
blanks as may be deemed proper and advisable, and it shall be the
duty of insured employers to constantly keep on hand sufficient supply
of such blanks.
S e c . 21 (as amended by ch. 176, acts of 1919). (a) Every employer
P a ym en t of
electing to be governed by the provisions of this act with the exception Premlum3'
of the S ta te, counties, municipal corporations, cities, and school dis
tricts, shall, on or before the first day of July, A. D. 1919, and there
after, as required by the Nevada industrial commission, pay to the
Nevada industrial commission for a State insurance fund premiums in
such a percentage of his estimated total pay roll for the ensuing month
as shall be fixed by order of the Nevada industrial commission: Profided, however, That all premium rates now in effect shall be continued
in full force and effect until^ changed, altered, or amended by order of
the Nevada industrial commission.
Every employer electing to be governed by the provisions of this act,
who shall enter into business or resume operations subsequent to July 1,
1919, shall, before so commencing or resuming operations, as the case
may be, notify the commission of such fact, accompanying such notifi
cation with an estimate of his monthly pay roll, and shall make pay
ment of the premium on such pay roll for the first three months of
operations, and thereafter as required by order of the Nevada industrial
commission.
The Nevada industrial commission may require all premiums re
quired by this act to be paid for three months in advance upon the esti
mated pay roll of the employer, unless the commission be satisfied of

692

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 .

the financial responsibility of the employer^ or unless a good and suffi
cient surety bond for the payment of premiums be given by the em
ployer to the Nevada industrial commission.
Pay-roll reports.
Every employer electing to be governed by the provisions of the act
shall, on or before the twenty-fifth day of each month, furnish the
Nevada industrial commission^ with a true and accurate pay roll show
ing the aggregate number of shifts worked during the preceding month,
the total amount paid to employees for services performed during said
month, and a segregation of employment in accordance with the re
quirements of the commission. An adjustment of accounts shall then
be made upon the basis of the actual pay roll, and should the amount
of the actual premium due exceed the estimated premium for the period
the amount of the deficiency shall be forwarded to the commission
within thirty days after receipt by the employer of demand therefor.
Duty of officers. As soon as possible after the expiration of each quarter year, begin
ning with September 30, 1919, it shall be the duty of the State auditor
and the auditor of each county, and the clerk of each municipal corpora
tion^ city, and school district, to furnish the Nevada industrial com
mission with a true and accurate pay roll of said State, county, munici
pal corporation, city or school district, showing the aggregate number of
shifts worked during the preceding quarter, the total amount paid to
employees for services performed during said month, and a segregation
of employment in accordance with the requirements of the commission;
and it shall be the duty of each of the said auditors and clerks to make
up and submit to the respective governing boards of the State and each
county, municipal corporation, city, and school district, for approval
a claim for the amount of premiums due the commission. Any official
who fails or refuses to comply with the provision of this section shall
be guilty of a misdemeanor for each and every offense, and, upon con
viction thereof, shall be punished by a fine of not less than fifty ($50)
dollars nor more than two hundred ($200) dollars.
Penalties.
Every employer who shall fail on demand of the commission to fur
nish an estimated pay roll and make payment as above provided, shall
be liable to a penalty in three times the amount of the premium on such
pay roll, to be collected in a civil action in the name of the Nevada
industrial commission and paid into the State insurance fund.
Notice of change ^(&) The Nevada industrial commission shall have the power, as expeo
rience and conditions demand, to increase or decrease the rates above
provided; sixty days’ notice of any change in rates shall be given
before the same shall become effective; the commission shall have the
power, and it shall be its duty, to classify occupations with respect to
their degree of hazard, and determine the risks of the different classes
and fix the rates of premiums of the same, based upon the total pay roll
and number of employees in each of said classes of occupation and suf
ficiently large to provide an adequate fund for the compensation pro
vided for in this act, and to create a surplus sufficiently large to guar
antee a satisfactory State insurance fund from year to year.
Fund to be self(c) l n that the intent is that the State insurance fund and the accisupportmg.
dent benefit fund shall ultimately be neither more nor less than selfsupporting, the actual loss experience of the several classes of those
funds shall be ascertained as soon as practical after the first day of July,
1919, for the first five years’ operation of the fund, and annually there
after within six months after the close of each fiscal year, and should it
then be shown that there exists an excess of assets over liabilities, such
liabilities to include the necessary reserves and the sum of $100,000 for
the catastrophe hazard, then the commission shall either allow a credit
to the account of or declare a cash dividend to each individual member
of any class which is shown to have made contributions in excess of
liabilities properly chargeable to such class, the amount of the credit so
allowed or cash dividend declared to be proportionate to the amount
of money said individual member of such class has paid or contributed
to said fund.
Merit rating*
Sec. 22 (as amended by ch. 176, acts of 1919). (a) Whenever an
establishment or work is dangerous in comparison with other like estab
lishments or works, the Nevada industrial commission may advance its
classification of risk and premium rates in proportion to the hazard.

• TEXT OF LAW S— NEVADA.

693

Such advancement of classification of risks and premium rates may be
made without previous notice.
(b)
The Nevada industrial commission shall have the power in its
discretion to lower the premium rate of or declare a rebate to any estab
lishment or plant which has contributed to the State insurance fund for
one year or more, if and as experience shall show it to maintain such a
high standard of safety or accident prevention as to differentiate it from
other like establishments or plants: Provided^ That such reduction of
premium rate or rebate of premium contribution shall not exceed ten
per cent (10 per cent) where the accident experience of such establish
ment or plant for a peiiod of twelve months is less than sixty per cent
(60 per cent) of the average experience for the same period of like
establishments or plants of its classification, nor fifteen per cent (15
per cent) where the accident experience of such establishment or
plant for two consecutive periods of twelve months is less than sixty
per cent (60 per cent) of the average experience for the same period of
like establishments or plants of its classification.
S e c . 23 (as amended by ch. 176, acts of 1919). (a) Every injured
Medical, etc.;
employee within the provisions of this act shall be entitled to receive, aid*
and shall receive promptly, such medical, surgical, and hospital or
other treatment, nursing,, medicines, medical, and surgical supplies,
crutches, and apparatus, including artificial members, as may be rea
sonably required at the time of the injury and within ninety days
thereafter, which may be extended to one year by the Nevada indus
trial commission. The benefits conferred by this paragraph upon the
injured employee shall hereinafter be termed “ accident benefits.”
(b)
For the purpose of providing a fund to take care of said accident Fund,
benefits as in this act provided the Nevada industrial commission is
authorized and directed to collect a premium upon the total pay roll of
every employer, except as hereinafter provided, in such a percentage
as the commission shall by order fix. Every employer paying such
premium shall be relieved from furnishing accident benefits, and the
same shall be provided by the Nevada industrial commission. Every
employer paying such premium for accident benefits may collect onehalf thereof, not to exceed one dollar per month from each employee,
and may deduct the same from the wages of such employee.
The Nevada industrial commission shall have the authority to adopt Rules and regusuch reasonable rules and regulations as may be necessary to carry o u tlationsthe provisions of this subdivision of this section. All fees and charges
for such accident benefits shall be subject to regulation by the com
mission, and shall be limited to such charges as prevail in the same
community for similar treatment of injured persons of like standard of
living.
The State insurance fund provided for in this act shall not be liable Funds separate,
for any accident benefits provided by this section, but the fund pro
vided for accident benefits shall be a separate and distinct fund, and
shall be so kept.
(c\ It shall be the duty of every employer accepting the provisions First aid.
of this act, immediately upon the occurrence of any injury to any of his
employees, to render to such employee all necessary first aid, including
cost of transportation of the injured employee from the place of injury
to the nearest place of proper treatment where the injury is such as to
make it reasonably necessary for such transportation; such employer
shall forthwith notify the commission of such accident, giving the name
of the injured employee, the nature of the accident, and where and by
whom the injured employee is being treated, and the date of the acci
dent. Every employer paying accident benefit premiums to the
Nevada industrial commission furnishing such first aid shall be entitled
to receive from the commission the amount of such expenditure reason
ably made.
(a)
Every employer operating under this act alone or together with Employees*
other employers smay make arrangements for the purpose of providing benefit funds3,
accident benefits as defined in this act for injured employees and such
employers may collect one-half of the cost of such accident benefits from
their collective employees, not to exceed one dollar per month from
any one employee, and may deduct the same from the wages of each
employee. Employers electing to make such arrangements for pro-

694

WORKMEN’S COMPENSATION LAWS OP THE UNITED STATES.

viding accident benefits shall notify the Nevada industrial commission
of such election and render a detailed statement of the arrangements
made. Every employer who maintains a hospital of any kind for his
employees, or who contracts with a physician for the hospital care of
injured employees, shall, on or before the thirtieth day of January of
each year, make a written report to the Nevada industrial commission
Reports by em- for the preceding year, which report shall contain a statement showing:
ployers.
^ Total amount of hospital fees collected, showing separately the
amount contributed by the employees and the amount contributed
by the employers; (2 ) an itemized account of the expenditures, invest
ments, or other disposition of such fees; and (3) a statement showing
what balance, if any, remains. Such reports shall be verified by the
employer, if an individual; by a member, if a partnership; by the
secretary, president, general manager, or other executive officer, if a
corporation; by the physician, if contracted to a physician.
Every employer who fails to so notify said Nevada industrial com
mission of such election and arrangements, or who fails to render the
financial report required herein, shall be liable for accident benefits as
heretofore provided by subdivision (b) of this section.
Power of com(g) If it be shown or the commission finds that the employer is
mission.
furnishing the requirements of medical, surgical, or hospital aid or
treatment provided for in this act in such a manner that there are
reasonable grounds for believing that the health, life, or recovery of
the employee is being endangered or impaired thereby, the commission
may, ujxm application of the employee or upon its own motion, order a
change in the physician or other requirements, and if the employer fails
to promptly comply with such order, the injured employee may elect
to have such medical, surgical, or hospital aid or treatment provided by
or through the Nevada industrial commission, in which event the cause
of action of said injured employee against the employer or hospital
association shall be assigned to the Nevada industrial commission for
the benefit of the State insurance fund, and the Nevada industrial com
mission shall furnish to said injured employee the medical, surgical, or
hospital aid or treatment provided for in this act.
State fund.
S e c . 2 4 . All premiums provided for in this act shall b e paid to the
State treasurer, and shall constitute the State insurance fund for the
benefit of employees of employers and for the benefit of dependents of
such employees, and shall be ^disbursed as hereinafter provided.
Compensation
Sec. 25 (as amended by ch. 176, acts of 1919). Every employee in
for_"
the employ of an employer within the provisions of this act, who
shall be injured by accident arising out of and in the course of employ
ment, or his dependents, as hereinafter defined, shall be entitled to
receive the following compensation:
( a ) d e a t h b e n e f it s .

Death.

If the injury causes death, the compensation shall be known as a
death benefit, and shall be payable in the amount and to and for the
benefit of the persons following:
1. Burial expenses, not to exceed one hundred and twenty-five
($125) dollars, in addition to the compensation payable under this act.
2 . To the widow, if there is no child, thirty per centum of the
average wage of the deceased. This compensation shall be paid until
her death or remarriage, with two years’ compensation in one sum
upon remarriage.
3. To the widower, if there is no child, thirty per centum of the
average wage of the deceased, if wholly dependent for support upon the
deceased employee at the time of her death. This compensation shall
be paid until his death or remarriage.
4. To the widow or widower, if there is a child or children, the com
pensation payable under clause one ( 1) or clause two ( 2 ), and in addi
tion the additional amount of ten per centum of such wage for each
such child until the age of eighteen years. In case of the subsequent
death of such surviving wife (or dependent husband) any surviving
child of the deceased employee shall have his compensation increased
to fifteen (15) per centum of "such wages, and the same shall be payable
until he shall reach the age oi eighteen years: Provided, That the tota]

TEX? OF LAWS— NEVADA,

695

amount payable shall in no case exceed sixty-six and two-thirds per
cent of such wage. If the children have a guardian other than the
surviving widow or widower, the compensation on account of such
children may be paid to such guardian. The compensation payable on
account of any child shall cease when he dies, marries, or reaches the
age of eighteen years, or if over eighteen years, and incapable of selfsupport, becomes capable of self-support.
5. If there be a surviving child or children of the deceased under the
age of eighteen years, but no surviving wife (or dependent husband)
then for the support of each child until the age of eighteen years, fifteen
per centum of the wages of the deceased: Provided, That the aggregate
shall in no case exceed sixty-six and two-thirds per centum of such
wages.
6 . If there be no surviving wife (or dependent husband) or child
under the age of eighteen years, there shall be paid to a parent, if
wholly dependent for support upon the deceased employee at the time
of his death, twenty-five per centum of the average monthly wage of
the deceased during dependency, with an added allowance of ten per
centum if two dependent parents survive; to the brothers or sisters,
under the age of eighteen years, if one is wholly dependent upon the
deceased employee for support at the time of injury causing death,
twenty per centum of the average monthly wage for the support of
such brother or sister, until of the age of eighteen years. If more than
one brother or sister is wholly dependent, thirty per centum of the
average monthly wage at the time of injury causing death, divided
among such dependents share and share alike. If there is no one of
them wholly dependent, but one or more partly dependent, ten per
centum divided among such dependents share and share alike.
7. In all other cases, questions of total or partial dependency shall Partial dependbedetermined in accordance with the facts as the facts may be at the ents*
time of the injury. If the deceased employee leaves dependents only
partially dependent upon his earnings for support at the time of the
injury causing his death, the monthly compensation to be paid shall
be equal to the same proportion of the monthly payments for the benefit
of persons totally dependent as the amount contributed by the employee
to such partial dependents bears to the average wage of deceased at the
time of the injury resulting in his death. The duration of such com
pensation to partial dependents shall be fixed by the commission in
accordance with the facts shown, but in no case exceed compensation
for one hundred months.
8 . Compensation to the widow or widower shall be for the use and
benefit of such widow or widower and of the dependent children, and
the commission may, from time to time, apportion such compensation
between them in such way as it deems best for the interests of all
beneficiaries.
If a dependent to whom a death benefit is to be paid is an alien not N o n r e s id e n t
residing m the United States, the compensation shall be only sixty allens(60) per cent of the amount or amounts above specified.
9. Any excess of wages over one hundred and twenty ($120) dollars Wage basis,
a month shall not be taken into account in computing compensation
for death benefits.
10. In such cases where compensation is awarded to the widow, Lumpsums,
dependent children, or persons wholly dependent, no lump-sum settle
ments shall be allowed.
11 . In case of the death of any dependent specified in the foregoing Death while reenumeration before the expiration of the time named in the award, celvm8 benefits,
funeral expenses not to exceed one hundred and twenty-five ($125)
dollars shall be paid.
( b ) t o ta l d is a b il it y .

1.
For temporary total disability, if there be no one residing in the Temporary toUnited States totally dependent upon the workman at the time of the 1 ab y*
injury, compensation of sixty (60) per cent of the average monthly
wage, but not more than seventy-two ($72) dollars nor less than thirty
($30) dollars per month, but not exceeding one hundred months, during
the period of such disability, total amount not to exceed seven thousand
two hundred ($7,200) dollars; if there be persons residing in the United

696

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 .

States totally dependent for support upon the workman, compensation
as provided herein with an additional allowance of ten ($10) dollars per
month for such dependents during the period of such disability.
Permanent to- 2 . In cases of total disability adjudged to be permanent, compensatai disability.
tion of sixty (60) per cent of the average monthly wage, but not less
than thirty ($30) dollars per month nor more than sixty ($60) dollars per
month during the life of the injured person.
In cases of the following specified injuries, in the absence of proof to
the contrary, the disability caused thereby shall be deemed total and
permanent:
1. The total and permanent loss of sight of both eyes.
2 . The loss by separation of both legs at or above the knee.
3. The loss by separation of both arms at or above the elbow.
4. An injury to the spine resulting in permanent and complete
paralysis of both legs or both arms, or one leg and one arm.
5. An injury to the skull resulting in incurable imbecility, or in
sanity.
6 . The loss by separation of one arm at or above the elbow, and one
leg by separation at or above the knee may be deemed a permanent
total disability.
The above enumeration is not taken as exclusive; and in all other
cases, permanent total disability shall be determined in accordance
with the facts.
( c ) PARTIAL D ISAB ILITY.

Temporary par- 1 . For temporary partial disability, sixty (60) per cent of the differdisability. ence between the wages earned before the injury and the wages which
the injured person is able to earn thereafter, but not more than forty
($40) dollars per month for a period not to exceed sixty (60) months
during the period of said disability. For the purpose of this provision
any excess of wages over one hundred and twenty ($120) dollars per
month shall not be taken into account in computing compensation for
temporary partial disability.
. Remanent par- 2 . In case of any of the following specified injuries, the disability
tiai disability.
caused thereby shall be deemed a permanent partial disability, and
compensation of fifty (50) per cent of the average monthly wage, subject
to a minimum of thirty ($30) dollars per month and a maximum of sixty
($60) dollars per month, shall be paid in addition to the compensation
paid for temporary total disability for the period named in the following
schedule:
Schedule.
(a) For the loss of a thumb, fifteen (15) months.
(b) For the loss of a first finger, commonly called the index finger,
nine (9) months.
(c) For the loss of a second finger, seven ( 7 ) months.
(d) For the loss of the third finger, five (5) months.
(e) For the loss of the fourth finger, commonly called the little finger,
four (4) months.
( / ) The loss of a distal or second phalange of the thumb, or the distal
or third phalange of the first, second, third, or fourth finger, shall be
considered a permanent partial disability, and equal to the loss of onehalf of such thumb or finger, and compensation shall be one-half of the
amount specified for the loss of the entire thumb or finger.
(g) The loss of more than one phalange of the thumb or finger shall
be considered as the loss of the entire finger or thumb: Provided,
however, That in no case shall the amount received for more than one
finger exceed the amount provided in this schedule for the loss of a
hand.
(h) For the loss of a great toe, seven (7) months.
(i) For the loss of one of the other toes other than the great toe, two
and one-half (2J) months.
(j ) However, the loss of the first phalange of any toe shall be con
sidered to be equal to the loss of one-half of such toe, and compensa
tion shall be one-half of the amount above specified.
(k) The loss of more than one phalange shall be considered as the
loss of the entire toe.
(I)
For the loss of a major hand, fifty (50) months; the loss of a minor
hand, forty (40) months.

T E X T

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L A W S ----N E V A D A .

€97

(m) For the loss of a major arm, sixty (60) months; for the loss of a
minor arm, fifty (50) months.
(ri) For the loss of a foot, forty (40) months.
(o) For the loss of a leg, fifty (50) months.
(p) For the loss of an eye by enucleation, thirty (30) months.
(q) The permanent and complete loss of sight in one eye without
enucleation, twenty-five (25) months.
(r) For permanent and complete loss of hearing in one ear, twenty
( 20) months.
(s) For permanent and complete loss of hearing in both ears, sixty
(60) months.
(t) The permanent and complete loss of the use of a finger, toe, arm,
hand, foot, or leg may be deemed the same as the loss of any such
member by separation.
(u)
For the partial loss of use of a finger, toe, arm, hand, foot, leg,
or partial loss of sight or hearing, fifty (50) per cent of the average
monthly wage during that proportion of the number of months in the
foregoing schedule provided for the complete loss of use of such mem
ber, or complete loss of sight or hearing, which the partial loss of use
thereof bears to the total loss of use of such member or total loss of
sight or hearing.
(v) For permanent disfigurement about the head or face, which shall Facial diainclude injury to or loss of teeth, the commission may allow such sum figurement.
for compensation thereof as it may deem just, in accordance with the
proof submitted, for a period not to exceed twelve ( 12) months.
(w) In all cases of permanent partial disability, not otherwise speci
fied in the foregoing schedule, the percentage of disability to the total
disability shall be determined. For the purpose of computing com
pensation for a disability that is partial in character but permanent
in quality [fifty (50) per cent of the average monthly wage not to ex
ceed] the sum of sixty ($60) dollars per month for the period of one ( 1)
month shall represent a one ( 1) per cent disability.
^ I n d e te rm in in g th e p e rc e n ta g e of d is a b ility , consideration sh all b e
g iv e n , am on g other th in g s, to a n y p re v iou s d is a b ility , th e occ u p a tio n
of th e in ju re d e m p lo y e e , th e nature of th e p h y sic a l in ju r y , an d th e
age of th e e m p lo y e e a t th e tim e of th e in ju ry .

(x) Where there is a previous disability, as the loss of one eye, one
hand, one foot, or any other previous permanent disability, the per
centage of disability for a subsequent injury shall be determined by
computing the percentage of the entire disability and deducting there
from the percentage of the previous disability as it existed at the time
of the subsequent injury.
(y) The commission may adopt a schedule for rating permanent
disabilities and reasonable and proper rules to carry out the provisions
of this subsection.
No compensation 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 aggravated, caused or continued by an unreasonable refusal or
neglect to submit to or follow any competent and reasonable surgical
treatment or medical aid.
S e c . 26 (as amended by ch. 233, acts of 1917).
(a) The following
persons shall be conclusively presumed to be totally dependent for
support upon a deceased employee:
1. A wife upon a husband whom she has not voluntarily abandoned
at the time of the injury.
2. A husband, mentally or physically incapacitated from wage
earning, upon a wife whom he has not voluntarily abandoned at the
time of injury.
3. A natural, posthumous, or adopted child or children, whether
legitimate or illegitimate, under the age of eighteen years, or over that
age, if physically or mentally incapacitated from wage earning, upon
the parent with whom he or they are living at the time of the injury
resulting in the death of such parent, there being no surviving parent.
Step-parents may be regarded in this act as parents, if the fact of de
pendency is shown, and a stepchild or stepchildren may be regarded
in this act as a natural child or children, if the existence and fact of
dependency is shown.

Dependents,

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Waiting time.

Assignm ents,

etc>

Waivers.

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(b)
Questions as to who constitute dependents and the extent of
their dependency shall be determined as of the date of the accident or
injury to the employee, and their right to any death benefit shall be
come fixed as of such time, irrespective of any subsequent change in
conditions, and the death benefits shall be directly recoverable by
and payable to the dependent or dependents entitled thereto, or to
their legal guardians or trustees.
S e c . 27 (as amended by ch. 176, acts of 1919). No compensation shall
be paid under this act for an injury which does not incapacitate the
employee for a period of at least seven days from earning full wages,
but if the incapacity extends beyond the period of seven days, com
pensation shall begin on the eighth day after the injury: Provided,
however, That if such disability continues for one week beyond the
period of said seven days, such compensation shall be computed from
the date of the injury.
S e c . 28 (as amended by ch. 190, acts of 1915). Compensation payable under this act, whether determined or due, or not, shall not, prior
to the issuance and delivery of the warrant therefor, be assignable;
shall be exempt from attachment, garnishment, and execution, and
shall not pass to any other person by operation of law: Provided,
however, That the payments to the consul general, consul, vice consul
general, or vice consul, of the nation of which any dependent of a
deceased employee is a resident or subject, or a representative of such
consul general, consul, vice consul general, or vice consul, of any com
pensation due under this act to any dependent residing outside of the
United States, any power of attorney to receive or receipt for the same
to the contrary notwithstanding, shall be as full a discharge of the bene
fits or compensation payable under this act as if payments were made
directly to the beneficiary.
S e c . 29. No e m p lo y e r or w ork m an sh a ll e x e m p t h im s e lf from th e

b u rd e n or w a iv e th e b en efits of th is a c t b y a n y co n tra ct, a g re e m e n t,
ru le, regu lation , or d e v ic e ; an d a n y su c h con tract, a g re e m e n t, ru le ,
regu lation , or d e v ic e sh a ll b e a b so lu te ly v o id .
S e c . 30. [Repealed.]
Lump-sumpayS e c . 31. The Nevada industrial commission, may, in its discretion,

lnents•

allow the conversion of the compensation herein provided for into a
lump-sum payment, not to exceed the sum of $5,000, under such rules
and regulations and system of computation as may be devised for
obtaining the present value of such compensation.
Medical examiS e c . 32 (as; amended by ch. 190, acts of 1915). (a) Any workman
nations.
entitled to receive compensation under this act is required, if requested
by the commission, to submit himself for medical examination at a time
and from time to time at a place reasonably convenient for the workman,
and as may be provided by the rules of the commission. The request or
order for such examination shall fix a time and place therefor, due
regard being had to the convenience of the employee and his physical
condition and ability to attend at the time and place fixed. The emloyee shall be entitled to have a physician, provided and paid for by
imself, present at any such examination. If the employee refuses to
submit to any such examination or obstructs the same, his right to
compensation shall be suspended until such examination has taken
place, and no compensation shall be payable during or for account of
sucli period. Any physician who shall make or be present at any such
examination may be required to testify as to the result thereof.
Injurious prac( b ) I f a n y e m p lo y e e snail persist in u n sa n ita ry or in ju rio u s p ra ctices

tices.

w h ic h te n d to e ith e r im p e r il or retard his re c o v e r y , or sh a ll refuse to
su b m it to su c h m e d ic a l or surgical tre a tm e n t a s is re aso n ab ly essential
to prom ote h is re c o v ery , th e c om m ission m a y , in its d isc re tio n , re d u ce
or su sp en d th e c o m p e n sa tio n of a n y su c h in ju re d e m p lo y e e .
False
state( c) If, for th e p urpose o f o b ta in in g a n y b e n e fit or p a y m e n t u n d e r th e
men ’
provisions o f th is a c t, eith e r for h im s e lf or for a n y oth er p erson, a n y on e
w illfu lly m a k e s a false s ta te m e n t or rep resen tatio n , h e s h a ll b e g u ilty
of a m isd e m e a n o r, a n d if a c la im a n t h e sh a ll forfeit a ll r ig h t to c o m p e n
sation u n d e r th is a c t after c o n v ic tio n for su c h offense.
Accidents to be
S e c . 33 (as amended bv ch. 233, acts of 1917). (a) Every employer
reported.
electing to be governed by the provisions of this act, and every physi

cian and surgeon who attends an injured employee, within the purview

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of this act, is hereby required to file with the commission, under such
rules and regulations as the commission may from time to time make,
a full and complete report of every known injury to an employee arising
out of or in the course of his employment and resulting in loss of life or
injury to such person. Such report shall be furnished to the commis
sion in such form and in such detail as the commission may from time
to time prescribe, and shall make special answers to all questions
required by the commission under its rules and regulations. It shall
be unlawful for any person, firm, or corporation, agent or officer of any
firm or corporation, or any attending physician or surgeon to fail or
refuse to comply with any of the provisions of this section; and any
person, firm, or corporation, agent or officer of any firm or corporation,
or physician or surgeon, who fails or refuses to comply with the provi
sions of this section, shall be guilty of a misdemeanor for each and every
offense, and, upon conviction thereof, shall be punished by a fine of not
less than fifty ($50) dollars nor more than two hundred ($200) dollars.
(b) Any physician, having attended an employee within the pur
view of this act, in a professional capacity, may be required to testify
before the commission when it shall so direct. Information gained by
the attending physician or surgeon, while in attendance on the injured
man, shall not be considered a privileged communication, if required
by the commission for a proper understanding of the case and a deter
mination of the rights involved.
(c) Whenever any accident occurs to any employee it shall be the Notice to etaduty of the employee to forthwith report such accident and the injury pioyer*
resulting therefrom to the employer, and it shall also be the duty of any
physician employed by such injured employee to forthwith report such
accident and the injury resulting therefrom to the employer and to the
Nevada industrial commission. Whenever any accident occurs to any
employee, and knowledge of same comes to the attention of the em
ployer by such report or otherwise, the employer may at once designate
and send the physician so chosen by such employer and authorized by
such employer in writing; and the physician so chosen shall be per
mitted by the employee or any person or persons in charge of said em
ployee to make one examination of said injured employee in order to
ascertain the character and extent of the injury occasioned by such
accident. Thereupon, it shall be the duty of the said physician, so
chosen to forthwith report to the employer and to the Nevada indus
trial commission the character and extent of the said injury as so ascer
tained by said physician.
(d) If the happening of the said accident, or the infliction of said Failure to give
injury to^said employee, shall not have been reported by said employee notlce' etc*
or his said physician forthwith, as above described and immediately
after the happening of said accident and injury, or if the said injured
employee or those in charge of him (the injured employee being a party
to the refusal) shall refuse to permit the employer’s physician, so chosen,
to make such examination, no compensation shall be paid for the
injury so claimed to result from said accident; but it shall be within
the discretion of the Nevada industrial commission to relieve said
injured person or his dependents from such loss or forfeiture of compen
sation, if the said Nevada industrial commission shall be of the opinion,
after investigation, that the circumstances attending the failure on the
part of the employee, or of his physician, to report said accident and
injury are such as to have excused the said employee and his physician
for such failure to so report, and that such relieving of the employee
or his dependents from the consequences of such failure to report will
not result in an unwarrantable charge against said State insurance fund.
S e c. 34. (a) Where a workman is entitled to compensation under Claim,
this act he shall file with the department his application for such,
together with the certificate of the physician who attended him, and it
shall be the duty of the physician to inform the injured workman of his
rights under this act and to lend all necessary assistance in making this
application for compensation and such proof of other matters as required
by the rules of the department without charge to the workman.
(b)
Where death results from injury to [the] parties entitled to com
pensation under this act, or some one in their behalf, shall make appli
cation for the same to the department, which application must be accom-

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panied with proof of death and proof of relationship showing the parties
to be entitled to compensation under this act, certificates of attending
physician, if any, and such other proof as required by the rules of the
department.
Review.

(c) i f ch an g e of c irc u m sta n ce s w arrant an in crease or rearrangem ent
of co m p e n sa tio n , lik e a p p lic a tio n shall b e m a d e therefor.
N o in crease
or rearran gem ent sh all b e op e rativ e for a n y p eriod prior to a p p lic a tio n
therefor.
Limitation.
( j ) N o a p p lic a tio n shall b e v a lid or c la im th ereu n d er enforceab le
unless filed w ith in on e y ea r after th e d a y u p o n w h ic h th e in ju ry
occurred or th e rig h t th ereto accru e d .
Time, etc., for
S e c . 341 (added by ch. 233, acts of 1917). Notice of the injury for

which compensation is payable under this act shall be given to the
commission as soon as practicable, but within thirty days after the
happening of the accident. In case of the death of the employee
resulting from such injury, notice shall be given to the commission as
soon as practicable, but within sixty days after such death. The
notice shall be in writing and contain the name and address of the
injured employee and state in ordinary language the time, place,
nature, and cause of the injury and be signed by said injured employee,
or by a person in his behalf, or in case of death, by one or more of his
dependents or by a person on their behalf. No proceeding under this
act for compensation for an injury shall be maintained unless the
injured employee, or some one in his behalf, files with the commission
a claim for compensation with respect to said injury within ninety days
after the happening of the accident, or, in case of death, within one
year after such death. The notice required by this section shall be
served upon the commission, either by delivery to and leaving with it a
copy of such notice, or by mailing to it by registered mail a copy
thereof in a sealed, postpaid envelope addressed to the commission
at its office, and such mailing shall constitute complete service; the
failure to give such notice or to file such claim for compensation within
Failure to give the time limit specified in this section shall be a bar to any claim for
notice.
compensation under this act, but such failure may be excused by the
commission on one or more of the following grounds: ( 1) That notice
for some sufficient reason could not have been made; ( 2 ) that failure
to give such notice will not result in an unwarrantable charge against
the State insurance fund; (3) that the employer had actual knowledge
of the occurrence of the accident resulting in such injury; (4) that
failure to give notice was due to employee’s or beneficiary’s mistake
or ignorance of fact or of law, or of his physical or mental inability, or
to fraud, misrepresentation, or deceit.
Employer's recSec. 35. The books, records, and pay rolls of the employer pertinent
ords*
to the administration of this act shall always be open to inspection by
the commission or its traveling auditor, agent, or assistant, for the
purpose of ascertaining the correctness of the pay roll, the men em
ployed, and such other information as may be necessary for the com
mission and its management under this act. Refusal on the part of the
employer to submit said books, records, and pay rolls for such inspec
tion to any member of the commission or any assistant presenting
written authority from the commission shall subject the offending
employer to a penalty of one hundred dollars for each offense, to be
collected by civil action in the name of the Nevada industrial com
mission and paid into the accident fund, and the individual who shall
personally give such refusal shall be guilty of a misdemeanor.
MisrepresentaS ec. 36. Any employer who shall misrepresent to the department
tl0nsthe amount of pay roll upon which the premium under this act is
based shall be liable to the Nevada industrial commission in ten times
the amount of the difference in premium paid and the amount the
employer should have paid. The liability to the Nevada industrial
commission shall be enforced in a civil action in the name of the
Nevada industrial commission. All sums collected under this section
shall be paid into the accident fund.
S e c. 37. [Repealed.]
Power of comS eg. 38. The Nevada industrial commission is hereby authorized
mission.
and empowered to prosecute, defend, and maintain actions in the
name of the commission for the enforcement of the provisions of this act,

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701

and verification of any pleading, affidavit, or other paper required may
be made by any member of the commission or by the secretary thereof.
In any action or proceeding or in the prosecution of any appeal by the
commission, no bond or undertaking shall ever be required to be fur
nished by the commission.
S e c . 39. If any workman be injured because of the absence of any Failuretomainsafeguard or protection required to be provided or maintained by, or tam sa eguards*
pursuant to, any statute or ordinance or any departmental regulation
under any statute, or be at the time of the injury of less than the maxi
mum age prescribed by law for the employment of the minor in the oc
cupation in which he shall be engaged when injured, the employer
shall be liable to the Nevada industrial commission for a penalty of not
less than $30() or more than $2,000 to be collected in a civil action at law
by the commission.
The foregoing provision of this act shall not apply to the employer if Removal by
the absence of such guard or such protection be "due to the removal eml) yee‘
thereof by the injured workman himself, or with his knowledge, by
any fellow-workman, unless such removal be by order or direction of
the employer or superintendent or foreman of the employer. If the
removal of such guard or protection be by the Workman himself, or be
by his consent, by any of his fellow-workmen, unless done by order or
direction of the employer or superintendent or foreman of the employer,
the compensation of such injured workman, as provided for by section
25 of this act, shall be reduced twenty-five per cent.
S e c . 40 (as amended by ch. 176, acts of 1919).
(a)t The premiums, State insurance
contributions, penalties, properties, or securities paid, collected or
acquired by operation of this act shall constitute a fund to be known
as the “ State insurance fund. ” All disbursements from the State in
surance fund shall be paid by the State treasurer upon warrants or
vouchers of the Nevada industrial commission, authorized and signed
by any two members of the commission. The State treasurer shall be
liable on his official bond for the faithful performance of his duty as
custodian of the State insurance fund. The State of Nevada shall not
be liable for the payment of any compensation or any salaries or ex
expenses in the administration of this act, save and except from the
State insurance fund, but shall be responsible for the safety and preser
vation of the State insurance fund.
(b) The Nevada industrial commission may, pursuant to a resolution Investment,
of the commission, approved by the governor, invest any of the surplus
or reserve of said fund in bonds of the United States, in the bonds of
this or other States, in the bonds of any county of the State of Nevada or
other States, in farm-loan bonds of the federal land banks, or in bonds of
incorporated cities or school districts of the State of Nevada. The com
mission shall make due and diligent inquiry as to the financial standing
of the State or States, county or counties, city or cities, school district
or school districts, whose bonds or securities it proposes to purchase and
shall also require the attorney general to give his legal opinion in
writing as to the validity of any act or acts of any State or county or city
or school district under which said bonds are issued.
All such bonds or securities shall be placed in the hands of the State
treasurer, who shall be the custodian thereof. He shall collect the
principal and interest thereon when due, and pay the same into the
State insurance fund. He shall notify the Nevada industrial commis
sion of the amounts so paid into the State insurance fund, giving full
details of the transaction. The State treasurer shall pay all vouchers
drawn on the State insurance fund for the making of such investments,
when signed by two members of the commission, upon delivery of such
bonds or securities to him when there is attached to such vouchers a
copy of the resolution of the commission authorizing the investment,
approved by the governor, said copy to be certified by the secretary
under seal of the commission. The commission may, upon its resolu
tion approved by the governor, sell any of such bonds or securities.
(c) The State treasurer may, upon written authority of the Nevada
industrial commission, approved by the governor, deposit twenty-five
(25 per cent) per cent of said fund in a bank or banks in the State of
Nevada, fifteen (15 per cent) per cent thereof to be deposited in open
accounts bearing interest at not less than three (3 per cent) per cent per

702

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annum, and ten (10 per cent) per cent thereof to be deposited in time
accounts, bearing interest at not less than four (4 per cent) per cent per
annum: Provided, however, That such bank or banks in which deposits
may be made shall give to the Nevada industrial commission a good and
sufficient deposit bond, guaranteeing said Nevada industrial commission
against any loss of said deposits by reason of the failure, suspension or
otherwise of said bank. Interest earned by such portion of the State
insurance fund which may be deposited in any bank or banks, as herein
provided, shall be placed to the credit of the State insurance fund.
Oath and bond,
(d) Each member of the commission, before entering upon the duties
of his office, shall give a good and sufficient bond running to the State
of Nevada, and shall take the oath prescribed by the constitution,
in the penal sum of ten thousand dollars, conditioned that he shall
faithfully discharge the duties of his office; said bonds shall be signed
by a surety company duly authorized to do business in this State, or
by two or more individuals as surety or sureties; shall be subject to
approval by the governor, and shall then be filed with the secretary of
state. If surety company bonds be furnished, the premium therefor
shall be paid out of the State insurance fund as other expenses of the
commission are paid.
Seal.
(e) The commission shall have a seal upon which shall be inscribed
the words “ Nevada Industrial Commission—State of Nevada.” Its
seal shall be fixed to all orders, proceedings, and copies thereof, and to
such other instruments as the commission may direct. All courts shall
take judicial notice of such seal, and any copy of any record or proceed
ing of the commission certified under such seal shall be received in
all courts as evidence of the original thereof.
Audit of acg EC. 40J (added by ch. 233, acts of 1917). It shall be the duty of the
counts.
industrial commission board, provided for by section 8 of this act, an
nually or as often as they may deem necessary to make an audit of all
books of accounts and record and of funds and securities of the Nevada
industrial commission, and said industrial commission board is author
ized to employ and fix the compensation of a competent accountant for the purpose of making such audit or audits, the expenses thereof to
be paid out of the State insurance fund.
juries outside S e c . 41 (as amended by ch. 190, acts of 1915). If a workman or em
ployee within the provisions of this act, who has been hired in this
State and whose usual and ordinary duties of such employment are
confined to the State is sent out of the State on business or employment
of his employer, and receives personal injury by accident arising out of
and in the course of such employment, he shall be entitled to receive
compensation according to the provisions of this act, even though such
injury was received outside of this State.
Title.
S e c . 42. This act shall be known as the “ Nevada industrial insur
ance act.”
Scope of act.
Sec. 43 (as amended by ch. 176, acts of 1919). (a) This act shall
apply to all employers of labor in the State of Nevada and their em
ployees and dependents of their employees, but excludes any em
ployee engaged in farm or agricultural labor, stock, or poultry raising,
or household domestic service, except as otherwise provided herein;
and no contract of employment, insurance, relief benefit, or indemnity,
Waivers.
or any other device shall modify, change, or waive any liability created
by this act; and such contract of employment, insurance, relief benefit,
or indemnity, or other device, having for its purpose the waiver or mod
ification of the terms or liability created by this act, shall be void.
Voluntary elec(£) Any employer of labor in the State of Nevada, having in his emons*
ployment any employee excluded from the benefits of the act under
subdivision (a) of this section and any such employee may, b y their
joint election, elect to come under the provisions of this act in the man
ner hereafter provided.
(c)
Such election on the part of the employer shall be made by filing
with the commission a written statement that he accepts the provisions
of the Nevada industrial insurance act, which, when filed, shall operate
to subject him to the provisions of said act, and of all acts amendatory
thereof, until such employer shall thereafter file in the office of the com
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(d) Any employee in the service of any such employer shall be
deemed to have accepted, and shall be subject to the provisions of the .
Nevada industrial insurance act and of any act amendatory thereof, if,
at the time of the accident for which compensation is claimed :
( 1) The employer charged with such liability is subject to the provi
sions of this act, whether an employee has actual notice thereof or not;
and
(2) Such employee shall not have given to his employer and to the
Nevada industrial commission notice in writing that he elects not to be
subject to the provisions of said act.
(e) Any such employee having the right under the provisions of this
act to elect not to be subject to the provisions thereof who has rejected
the provisions of this act may at any time thereafter elect to waive such
acceptance by giving notice in writing to his employer and to the
Nevada industrial commission, which shall become effective when
filed with the Nevada industrial commission.
(/) Employers becoming contributors to the State insurance fund or Records sepathe accident benefit fund, pursuant to the provisions of this section, rate*
shall be placed in a separate class, the premium rates of which shall be
sufficient to provide an adequate fund for the payment of the propor
tionate administrative expense and compensation on account of in
juries and death of employees of this class.
S e c . 44. If any employer shall be adjudicated to be outside the Construction of
lawful scope of this act, the act shall not apply to him or his work-st
e*
men; or if any workman shall be adjudicated to be outside the lawful
scope of this act because of remoteness of his work from the hazard
of nis employer’s work, any such adjudication shall not impair the
validity of this act in other respects, and in every such case an account
ing in accordance with the justice of the case shall be had of moneys
received. If the provisions of section 21 of this act for the creation
of the insurance fund, or the provisions of this act making the com
pensation to the workman provided in it exclusive of any other
remedy on the part of the workman, shall be held invalid, the entire
act shall be thereby invalidated except the provisions of section 46,
and an accounting according to the justice of the case shall be had of
moneys received. In other respects an adjudication of invalidity of
any part of this act shall not affect the validity of the act as a whole
or any part thereof.
Sec. 45. If the provisions of this act^ relative to compensation for Limitations aot
injuries to or death of workmen become invalid because of any adjudi-torun*
cation, or be repealed, the period intervening between the occurrence
of an injury or death, not previously compensated for under this act
by lump payment or completed monthly payments, and such repeal
or the rendition of the final adjudication of the validity shall not be
computed as a part of the time limited by law for the commencement
of any action relating to such injury or death: Provided, That such
action be commenced within one year after such repeal or adjudi
cation; but in any such action any sum paid out of the insurance fund
to the workman on account of injury, to whom the action is prosecuted,
shall be taken into account or disposed of as follows: If the defendant
employer shall have paid without delinquency into the insurance
fund the payment provided for by section 21 , such sums shall be
credited upon the recovery as payment thereon, otherwise the sum
shall not be so credited, but shall be deducted from the sum collected
and be paid into the said fund from which they had been previously
disbursed.
Sec. 46. If this act shall be hereafter repealed, all moneys which Disposition of
are in the insurance fund at the time of the repeal shall be subject to u
such disposition as may be provided by the legislature, and in default
of such legislative provision distribution thereof shall be in accordance
with the justice of the matter, due regard being had to obligations of
compensation incurred and existing.
Sec. 50 (added by ch. 176, acts of 1919). It is hereby expressly pro- Provisions sevvided that in the event any section of this act or the act of whichera e’
this act is amendatory shall be held by any court to be void or inop
erative for any cause, such holding shall not affect any other section or
provision contained in this act or the act of which this act is amenda
tory.

NEW HAM PSHIRE.
ACTS OF 1911.
C h a p te r 163.— Compensation of workmen for injuries.
Scope of law.

S e c t io n 1. This act shall apply only to workmen engaged in manual

or mechanical labor in the employments described in this section
which, from the nature, conditions, or means of prosecution of such
work, are dangerous to the life and limb of workmen engaged therein,
because in them the risks of employment and the danger of injury
Dangerous em- caused by fellow servants are great and difficult to avoid, (a) The
ployments.
operation on steam or electric railroads of locomotives, engines, trains,
or cars, or the construction, alteration, maintenance, or repair of steamrailroad tracks or roadbeds over which such locomotives, engines, trains,
or cars are or are to be operated, (b) Work in any shop, mill, factory,
or other place on, in connection with, or in proximity to any hoisting
apparatus, or any machinery propelled or operated by steam or other
mechanical power in which shop, mill, factory, or other place five or
more persons are engaged in manual or mechanical labor, (c) The con
struction, operation, alteration, or repair of wires or lines of wires,
cables, switchboards, or apparatus charged with electric currents. (d)
All work necessitating dangerous proximity to gunpowder, blasting
powder, dynamite, or any other explosives, where the same are used
as instrumentalities of the industry, or to any steam boiler owned or
operated by the employer: Provided, Injury is occasioned by the ex
plosion of any such boiler or explosive, (e) Work in or about any
quarry, mine, or foundry. As to each of said employments it is deemed
necessary to establish a new system of compensation for accidents to
workmen.
Employer lia- ^EC‘ 2*
course any
the employments above described,
bJe for damages" personal injury by accident arising out of and in the course of the
wben.
employment is caused to any workman employed therein, in whole or in
part, by failure of the employer to comply with any statute, or with any
order made under authority of law, or by the negligence of the em
ployer or any of his or its officers, agents, or employees, or by reason of
any defect or insufficiency due to his, its, or their negligence in the
condition of his or its plant, ways, works, machinery, cars, engines,
equipment, or appliances, then such employer shall be liable to such
workman for all damages occasioned to him, or, in case of his death, to
his personal representatives for all damages now recoverable under the
provisions of chapter one hundred and ninety-one of the Public Statutes.
A ssu m p tion of The workman shall not be held to have assumed the risk of any injury
risks.
due to any cause specified in this section; but there shall be no liability
under this section for any injury to which it shall be made to appear
by a preponderance of evidence that the negligence of the plaintiff
contributed. The damages provided for by this section shall be
recovered in an action on the case for negligence.
Election by emS e c . 3 . The provisions of section two of this act shall not apply to
ployer.
any employer who shall have filed with the commissioner of labor his
declaration in writing that he accepts the provisions of this act as
contained in the succeeding sections, and shall have satisfied the com
missioner of labor of his financial ability to comply with its provisions,
or shall have filed with the commissioner of labor a bond, in such form
and amount as the commissioner may prescribe, conditioned on the
Bonds.
discharge by such employer of all liability incurred under this act.
Such bond shall be enforced by the commissioner of labor for the
benefit of all persons to whom such employer may become* liable under
this act in the same manner as probate bonds are enforced. The
commissioner may, from time to time, order the filing of new bonds,
704

TEXT OF LAWS— NEW HAMPSHIRE.

705

when, in his judgment, such bonds are necessary; and after thirty
days from the communication of such order to any employer, such
employer shall be subject to the provisions of section two of this act
until such order has been complied with. The employer may at any
time revoke his acceptance of the provisions of the succeeding sections
of this act by filing with the commissioner of labor a declaration to that
effect, and by posting copies of such declaration in conspicuous places
about the place where his workmen are employed. Any person
aggrieved by any decision of the commissioner under this section may
apply by. petition to any justice of the superior court for a review of
such decision and said justice on notice and hearing shall make such
order affirming, reversing, or modifying such decision as justice may
require: and such order shall be final. Such employer shall be liable
to all workmen engaged in any of the employments specified in section
one, for any injury arising out of and in the course of their employment,
in the manner provided in the following sections of this act: Provided,
That the employer shall not be liable in respect of any injury which Minor injuries,
does not disable the workman for a period of at least two weeks from etc*
earning full wages at the work at which he was employed: And pro
vided, That the employer shall not be liable in respect of any injury to
the workman which is caused in whole or in part by the intoxication,
violation of law, or serious or willful misconduct of the workman:
Provided, further, That the employer shall at the election of the work
man, or his personal representative, be liable under the provisions of
section two of this act for all injury caused in whole or in part by
willful failure of the employer to comply with any statute, or with any
order made under authority of law.
Sec. 4. The right of action for damages caused by any such injury Right to sue.
at common law, or under any statute in force on January one, nineteen
hundred and eleven, shall not be affected by this act, but in case the
injured workman, or in event of his death his executor or administrator
shall avail himself of this act, either by accepting any compensation
hereunder, by giving the notice hereinafter prescribed, or by beginning
proceedings therefor in any manner on account of any such injury, he
shall be barred from recovery in every action at common law or under Barred, how.
any other statute on account of the same injury. In case after such
injury the workman, or in the event of his death his executor or adminis
trator, shall commence any action at common law or under any statute
other than this act against the employer therefor, he shall be barred
from all benefit of this act in regard thereto.
Sec. 5. No proceedings for compensation under this act shall be Notice,
maintained unless notice of the accident as hereinafter provided has
been given to the employer as soon as practicable after the happening
thereof and before the workman has voluntarily left the employment
in which he was injured and during such disability, and unless claim
for compensation has been made within six months from the occur
rence of the accident, or in case of the death of the workman, or in the
event of his physical or mental incapacity, within six months after
such death or the removal of such physical or mental incapacity, or in
the event that weekly payments have been made under this article,
within six months after such payments have ceased, but no want or
defect or inaccuracy of a notice shall be a bar to the maintenance of
proceedings unless the employer proves that he is prejudiced by such
want, defect, or inaccuracy. Notice of the accident shall appraise the
employer of the claim for compensation under this article, and shall
state the name and address of the workman injured, and the date and
place of the accident. The notice may be served personally or by
sending it by mail in a registered letter addressed to the employer at
his last-known residence or place of business.
Sec. 6 . ( 1 ) The amount of compensation shall be, in case death Compensation
results from injury: (a) If the workman leaves any widow, children, for deat^*
or parents, resident of this State, at the time of his death, then wholly
dependent on his earnings, a sum to compensate them for loss equal
to one hundred and fifty times the average weekly earnings of such
workmen when at work on full time during the preceding year during
177982°—21—Bull. 272------ 45 +46

706

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

which he shall have been in the employ of the same employer, or if
he shall have been in the employment of the same employer for less
than a year then one hundred and fifty times his average weekly earn
ings on full time for such less period. But in no event shall such sum
exceed three thousand dollars. Any weekly payments made under
this act shall be deducted from the sum so fixed, (b) If such widow,
children, or parents at the time of his death are in part only dependent
upon his earnings, such proportion of the benefits provided for those
wholly dependent as the amount of the wage contributed by the de
ceased to such partial dependents at the time of injury bore to the
total wage of the deceased, (c) If he leaves no such dependents,
the reasonable expenses of his medical attendance and burial, not
exceeding one hundred dollars. Whatever sum may be determined
to be payable under this act in case of death of the injured workman
shall be paid to his legal representative for the benefit of such depend
ents, or if he leaves no such dependents, for the benefit of the persons
to whom the expenses of medical attendance and burial are due.
Compensation (2) Where total or partial incapacity for work at any gainful emfor incapacity,
ployment results to the workman from the injury, a weekly payment
commencing at the end of the second week after the injury and con
tinuing during such incapacity, subject as herein provided, not
exceeding fifty per centum of his average weekly earnings when at
work on full time during the preceding year during which he shall
have been in the employment of the same employer, or if he shall
have been in the employment of the same employer for less than a
year, then a weekly payment of not exceeding one-half the average
weekly earnings on full time for such less period. In fixing the amount
of the weekly payment, regard shall be had to the difference between
the amount of the average earnings of the workman before the accident
and the average amount he is able to earn thereafter as wages in the
same employment or otherwise. In fixing the amount of the weekly
payment, regard shall be had to any payment, allowance, or benefit
which the workman may have received from the employer during the
period of his incapacity, and in the case of partial incapacity the weekly
payment shall in no case exceed the difference between the amount
of the average weekly earnings of the workman before the accident
and the average weekly amount which he is earning or is able to earn
in the same employment or otherwise after the accident, but shall
amount to one-half of such difference. In no event shall any com
pensation paid under this act exceed the damage suffered, nor shall
any weekly payment payable under this act in any event exceed
ten dollars a week or extend over more than three hundred weeks
from the date of the accident. Such payment shall continue for such
period of three hundred weeks: Provided, Total or partial disability
continue during such period. No such payment shall be due or pay
able for any time prior to the giving of the notice required by section
(
five of this act.
Medical exami- Sec. 7. Any workman entitled to receive weekly payments under
nations.
this act is required, if requested by the employer, to submit himself
for examination by a duly qualified medical practitioner or surgeon
provided and paid for by the employer, at a time and place reasonably
convenient for the workman, within two weeks after the injury, and
thereafter at intervals not oftener than once in a week. If the workman
refuses to submit to such examination, or obstructs the same, his right
to weekly payments shall be suspended until such examination has
taken place, and no compensation shall be payable during or for account
of such period.
incompetent
Sec. 8. In case an injured workman shall be mentally incompetent
persons.
at the time when any right or privilege accrues to him under this act,
the guardian of the incompetent appointed pursuant to law may, on
behalf of such incompetent, claim and exercise any such right or
privilege with the same force and effect as if the workman himself had
been competent and had claimed or exercised any such right or privi
lege, and no limitation of time in this act provided for shall run so
long as said incompetent workman has no guardian.
Proceedings in Sec. 9. Any question as to compensation which may arise under
equity.
this act shall be determined by agreement or by an action at equity

TEXT OF LAWS— NEW HAMPSHIRE.

707

as hereinafter provided. In case the employer fail to make compen
sation as herein provided, the injured workman, or his guardian, if
such be appointed, or his executor or administrator, may then bring
an action to recover compensation under this act in any court having
jurisdiction of an action for recovery of damages for negligence for the
same injury between the same parties. Such action shall be by peti
tion in equity, which may be made returnable at the appropriate
term of the superior court or may be filed in the office of the clerk
of the superior court and presented in term time or vacation to any
justice of said court, who on reasonable notice shall hear the parties
and render judgment thereon. The judgment in such action if in
favor of the plaintiff shall be for a lump sum equal to the amount of
payments then due and prospectively due under this act. In such
action b y an executor or administrator the judgment may provide the
proportions of the award or the costs to be distributed to or between
the several dependents. If such determination is not made it shall
be determined by the probate court in which such executor or adminis
trator is appointed, in accordance with this act, on petition of any party
interested, on such notice as such court may direct. Any employer who
has declared his intention to act under the compensation features of this
act shall also have the right to apply by similar proceedings to the supe
rior court or to any justice thereof for a determination of the amount of
the weekly payments to be paid the injured workman, or of a lump
sum to be paid the injured workman in lieu of such weekly payments;
and either such employer or workman may apply to said superior
court or to any justice thereof in similar proceeding for the determi
nation of any other question that may arise under the compensation
feature of this act; and said court or justice, after reasonable notice
and hearing, may make such order as to the matter in dispute and
taxable costs as justice may require.
S e c . 10. Any person entitled to weekly payments under this act P aym ents preagainst any employer shall have the same preferential claim therefor ferred,
against the assets of the employer as is allowed by law for a claim by
such person against such employer for unpaid wages or personal serv
ices. Weekly payments due under this act shall not be assignable
or subject to levy, execution, attachment, or satisfaction of debts.
Any right to receive compensation under this act shall be extinguished
by the death of the person entitled thereto.
Sec. 11. No claim of any attorney at law for any contingent interest A t t o r n e y s ’
in any recovery under this act for services in securing such recovery claims,
or for disbursements shall be an enforceable lien on such recovery,
unless the account of the same be approved in writing by a justice of
the superior court, or, in case the same be tried in any court, by the
justice presiding at such trial.
S e c . 1 2 . Every employer subject to the provisions of this act shall Reports,
from time to time make to the commissioner of labor such returns as
to its operation as said commissioner may require upon blanks to be
furnished by said commissioner. Any employer failing to make such
returns when required by said commissioner shall, until such returns
are made, be subject to the provisions of section two of this act.
S e c . 13. This act shall take effect January first, nineteen hundred A ct in effect,
and twelve.
w hen.
Approved April 15, 1911.

NEW JERSEY.
ACTS OF 1911.
C h a p ter

95 (as amended by chapter 174, Acts of 19IS)—Employers9
liability— Compensation of workmenfor injuries.
SECTION I .— EM PLOYERS’ LIABILITY.

Damages
for
l. When personal injury is caused to an employee by accident arising
personal injury. 0U£ 0 f a n c[ j n the course of his employment, of which the actual or law

fully imputed negligence of the employer is the natural and proximate
cause, he shall receive compensation therefor from his employer, proQuestions
of vided the employee was himself not willfully negligent at the time of
negligence.
receiving such injury, and the question of whether the employee was
willfully negligent shall be one of fact to be submitted to the jury, sub
ject to the usual superintending powers of a court to set aside a verdict
rendered contrary to the evidence.
Defenses abro- 2. The right to com pensation as provided by Section I of this act shall
gated.
not be defeated upon the ground that the injury was caused in any
degree by the negligence of a fellow employee; or that the injured em
ployee assumed the risks inherent in or incidental to or arising out of his
employment or arising from the failure of the employer to provide and
maintain safe premises and suitable appliances; which said grounds of
defense are hereby abolished.
Em ployees of 3. If an employer enters into a contract, written or verbal, with an
contractors.
independent contractor to do part of such employer’s work, or if such
contractor enters into a contract, written or verbal, with a subcontractor
to do all or any part of such work comprised in such contractor’s contract
with the employer, such contract or subcontract shall not bar the liabilty of the employer under this act for injury caused to an employee oi
such contractor or subcontractor by any defect in the condition of the
ways, works, machinery, or plant if the defect arose or had not been
discovered and remedied through the negligence of the employer or
some one intrusted by him with the duty of seeing that they were in
proper condition. This paragraph shall apply only to actions arising
under section one.
Injuries caus4 . The provisions of paragraphs one, two, and three shall apply to any
ing death.
claim for the death of an employee arising under an act entitled “ An act
to provide for the recovery of damages in cases where the death of a per
son is caused by wrongful act, neglect, or default,” approved March
third, eighteen hundred and forty-eight, and the amendments thereof
and supplements thereto.
B urden
of 5 . In all actions at law brought pursuant to Section I of this act, the
proof.
burden of proof to establish willful negligence in the injured employee
shall be upon the defendant.
A t t or ney s '
6 . No claim for legal services or disbursements pertaining to any de
fees.
mand made or suit brought under the provisions of this act shall be an
enforceable lien against the amount paid as compensation, unless the
same be approved in writing by the judge or justice presiding at the
trial, or in case of settlement without trial, by the judge of the circuit
court of the district in which such issue arose: Provided, That if notice
in writing be given the defendant of such claim for legal services or dis
bursements, the same shall be a lien against the amount paid as comensation, subject to determination of the amount and approval hereinefore provided.

SECTION I I .— ELECTIVE COMPENSATION.

C om pensation
paya e, w en.

7 . When employer and employee shall by agreement, either express
Qr implied, as hereinafter provided, accept the provisions of Section II
of this act, compensation for personal injuries to or for the death of such

708

TEXT OF LAWS— NEW JERSEY.

709

employee by accident arising out of and in the course of his employ
ment shall be made by the employer without regard to the negligence
of the employer, according to the schedule contained in paragraph
eleven, in all cases except when the injury or death is intentionally
self-inflicted, or when intoxication is the natural and proximate cause
of injury, and the burden of proof of such fact shall be upon the em
ployer.
8 . Such agreement shall be a surrender by the parties thereto of . Remedy exciutheir rights to any other method, form, or amount of compensation orslve'
determination thereof than as provided in Section II of this act, and an
acceptance of all the provisions of Section II of this act, and shall bind
the employee himself, and for compensation for his death shall bind
his personal representatives, his widow and next of kin, as well as the
employer, and those conducting his business during bankruptcy or
insolvency.
9. Every contract of hiring made subsequent to the time provided P resu m p tion s
for this act to take effect shall be presumed to have been made with astocontractsreference to the provisions of Section II of this act, and unless there be
as a part of such contract an express statement in writing, prior to any
accident, either in the contract itself or by written notice from either
party to the other, that the provisions of Section II of this act are not
intended to apply, then it shall be presumed that the parties have
accepted the provisions of Section II of this act and have agreed to be
bound thereby. In the employment of minors, Section II shall be
presumed to apply unless the notice be given by or to the parent or
guardian of the minor.
10. The contract for the operation of the provisions of Section II of Term ination of
this act may be terminated by either party upon sixty days’ notice in agreem ent,
writing prior to any accident.
11 (as amended by ch. 93, acts of 1919). Following is a schedule of
compensation:
(a) For injury producing temporary disability sixty-six and two- Temporary disthirds per centum of the wages received at the time of the injury, sub- ab ility .
ject to a maximum compensation of twelve dollars per week and a
minimum of six dollars per week: Provided, That if at the time of the
injury the employee receives wages of less than six dollars per week,
that he shall receive the full amount of such wages per week. This
compensation shall be paid during the period of such disability, not,
however, beyond three hundred weeks.
(b) For disability total in character and permanent in quality, sixty- permanent total
six and two-thirds per centum of the wages received at the time of d isab ility,
injury, subject to a maximum compensation of twelve dollars per week
and a minimum of six dollars per week: Provided, That if at the time
of injury the employee receives wages of less than six dollars per week,
then he shall receive the full amount of wages per week. This com
pensation shall be paid during the period of such disability, not, how
ever, beyond four hundred weeks.
(c) For disability partial in character, but permanent in quality, partial disabilthe compensation shall be based upon the extent of such disability, ity.
In cases included in the following schedule the compensation shall be
that named in the schedule, to wit:
(d) For the loss of the thumb, sixty-six and two-thirds per centum Schedule,
of daily wages during sixty weeks.
(e) For the loss of the first finger, commonly called index finger,
sixty-six and two-thirds per centum of daily wages during thirty-five
weeks.
(/) For the loss of a second finger, sixty-six and two-thirds per centum
of daily wages during thirty weeks.
(g) For the loss of a third finger, sixty-six and two-thirds per centum
of daily wages during twenty weeks.
(h) For the loss of a fourth finger, commonly called little finger,
sixty-six and two-thirds per centum of daily wages during fifteen weeks.
(i) The loss of the first phalange of the thumb, or of any finger, shall
be considered to be equal to the loss of one-half of such thumb or finger,
and compensation shall be for one-half of the periods of time above
specified. The loss of any portion of the thumb or any finger, between
the terminal joint and the end thereof, shall be compensated for a like

710

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 .

proportion of the period of time prescribed for the loss of the first
phalange of such member.
(j) The loss of the first phalange and any portion of the second shall
be considered as the loss of the entire finger or thumb: Providing,
however, That in no case shall the amount received for more than one
finger exceed the amount provided in this schedule for the loss of a
hand.
(k) For the loss of great toe, sixty-six and two-thirds per centum of
daily wages during thirty weeks.
(I) For the loss of one of the toes other than a great toe, sixty-six and
two-thirds per centum of daily wages during ten weeks.
(m) The loss of the first phalange of any toe shall be considered to be
equal to the loss of one-half of such toe, and compensation shall be for
one-half of the periods of time above specified.
(n) The loss of the first phalange and any portion of the second shall
be considered as the loss of the entire toe.
(o)
For the loss of a hand, sixty-six and two-thirds per centum of
daily wages during one hundred and fifty weeks.
(p) For the loss of an arm, sixty-six and two-thirds per centum of
daily wages during two hundred weeks.
(a) For the loss of a foot, sixty-six and two-thirds per centum of
daily wages during one hundred and twenty-five weeks.
(r) For the loss of a leg, sixty-six and two-thirds per centum of daily
wages during one hundred and seventy-five weeks.
(s) For the loss of an eye, sixty-six and two-thirds per centum of
daily wages during one hundred weeks.
(t) For the loss of a natural tooth, sixty-six and two-thirds per centum
of daily wages for four weeks for each tooth lost.
(it) For the total loss of hearing in one ear, sixty-six and two-thirds
er centum of daily wages during forty weeks. For the total loss of
earing in both ears by one accident, sixty-six and two-thirds per
centum of daily wages during one-hundred and sixty weeks.
(v) The loss of both hands, or both arms, or both feet, or both legs, or
both eyes, or any two thereof as a result of any one accident, shall con
stitute total and permanent disability, to be compensated according to
the provisions of clause (b).
Injuries
not
(w) In all lesser or other cases involving permanent loss, or where
enum erated.
the usefulness of a member or any physical function is permanently
impaired, the compensation shall be sixty-six and two-thirds per
centum of daily wages, and the duration of compensation shall bear
such relation to the specific periods of time stated in the above schedule
as the disabilities bear to those produced by the injuries named in the
schedule. Should the employer and employee be unable to agree
upon the amount of compensation to be paid in cases not covered by
tne schedule, either party may appeal to the workmen’s compensation
bureau for a settlement of the controversy.
H ernia.
{%) Hernia is a disease which ordinarily develops gradually, being
very rarely the result of an accident. Where there is real traumatic
hernia resulting from the application of force directly to the abdominal
wall, either puncturing or tearing the wall, compensation will be
allowed. All other cases will be considered as either congenital or of
slow development and not compensable, being a disease rather than
an accidental injury; unless conclusive proof is offered that the hernia
was immediately caused by such sudden effort or severe strain that,
first, the descent of the hernia immediately followed the cause; second,
that there was severe pain in the hernial region; third, that there was
such prostration that the employee was compelled to cease work imme
diately; fourth, that the above facts were of such severity that the
same was noticed by the claimant and communicated to the employer
within twenty-four hours after the occurrence of the hernia; fifth,
that there was such physical distress that the attendance of a licensed
physician was required within twenty-four hours after the occurrence
of the hernia. In the case of hernia, as above defined, the provisions of
paragraphs thirteen, fourteen, and eleven (a) shall apply, until such
time as the employee is able to resume some kind of work with the aid
of a truss or other mechanical appliance. If the employee refuses to
permit of an operation, the employer shall meet the requirements

TEXT OF LAWS— NEW JEESEY.

711

above specified, pay the reasonable costs of the truss or other appliance
found necessary, and also pay compensation for twenty weeks, follow
ing which his obligation shall cease and terminate, unless death results
from the hernia, in which case the provisions of paragraph twelve shall
apply. However, if the employee shall elect to undergo an operation,
by a physician selected by the employer, the employer shall meet all
the expense incident to such operation and recovery, not in excess of
one hundred and fifty dollars, together with compensation as provided
in paragraph eleven (a) during the periods of disability prior to and
following the operation, subject to the provisions of paragraph thirteen.
If the employee refuses the services of the physician selected by the
employer, preferring one of his own selection, the employer shall be
relieved of obligations concerning medical expense due to the operation
and recovery, but shall pay compensation during the prior and result
ing periods of disability. If death results from the hernia or operation,
the provisions of paragraph twelve shall apply.
(y) The weekly compensation payments specified in paragraph M a x i m u m
eleven, are all subject to the same limitations as to maximum and ^^oun^ nimum
minimum as are stated in clause (a) hereof.
(z) In case of the death of a person from any cause other than the peath while reaccident, during the period of payments for permanent injury, the Nation? compen“
remaining payments shall be paid to such of his or her dependents as
are included m the provisions of paragraph twelve of this act, or, if no
dependents, the remaining amount due, but not exceeding one hun
dred dollars, shall be paid in a lump sum to the proper person for
funeral expenses.
12
(as amended by ch. 93 , acts of 1919). In case of death compensa- Death benefits,
tion shall be computed, but not distributed, on the following basis:
(a) For one dependent, thirty-five per centum of wages.
lb) For two dependents, forty per centum of wages.
(c) For three dependents, forty-five per centum of wages.
(ct) For four dependents, fifty per centum of wages,
fe) For five dependents, fifty-five per centum of wages.
(/) For six or more dependents, sixty per centum of wages.
(g) The term “ dependents” shall apply to and include any or all of Dependents,
the following who are dependent upon the deceased at the time of acci
dent or death: namely, husband, wife, parents, step-parents, grandarents, children, stepchildren, grandchildren, child in esse, postumous child, illegitimate children, brothers, sisters, half brothers,
half sisters, niece, nephew. Legally adopted children shall in every
particular be considered as natural children: Provided, however, That de
pendency shall be conclusively presumed as to (a) the decedent’s widow
and natural children under eighteen years of age who were actually a
part of the decedent’s household at the time of his death. Every pro
vision of this act applying to one class shall be equally applicable to
the other. Should any dependent of a deceased employee die during
the period covered by such weekly payments, or should the widow of a
deceased employee remarry during such period, the right of such de
pendent or of such widow to compensation under this section shall
cease: It is further provided, That the foregoing schedule applies only
to persons wholly dependent, and that in the case of persons only par
tially dependent, except in the case of the widow and children, who
were actually a part of the decedent’s household at the time of his
death, the compensation shall be such proportion of the scheduled per
centage as the amounts actually contributed to them by the deceased
for their support constituted of his total wages, and the provision as to a
six-dollar minimum shall not apply to such compensation. In deter
mining the number of dependents, where the deceased employee was a
minor, the number of persons dependent upon said deceased employee
shall be determined m the same way as if said deceased employee
were an adult, notwithstanding any rule of law as to the person entitled
to a minor’s wages.
(h) Compensation shall be computed upon the foregoing basis. Distribution o1
Distribution shall be made among dependents, if more than one, accord- comPensatlon*
ing to the order of the workmen’s compensation bureau, which shall,
when applied to for that purpose, determine, upon the facts being pre
sented to it, the proportion to be paid to or on behalf of each dependent

712

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 .

according to the relative dependency. Payment on behalf of infants
shall be made to the surviving parent, if any, or to the statutory of
or testamentary guardian.
Last sickness
({) j f death results from the accident, whether there be dependents
and u n a .
or no^ expenses of last sickness, not exceeding two hundred dollars,
also the cost of burial, not to exceed one hundred dollars.
Age limit.
(j) j n computing compensation to those named in this paragraph,
except in the case of liusband, wife, parents, and step-parents, only
those under eighteen, or over forty years of age, shall be included, and
then only for that period in which they are under eighteen or over
forty: Provided, however, That payments to such physically or men
tally deficient persons as are, for such reason, dependent, shall be made
during the full term of compensation payment.
M a x i m u m (£) The compensation in case of death shall be subject to a maximum
amounts?mmUin compensation of twelve dollars per week and a minimum of six dollars
per week: Provided, That if at the time of the injury the employee
receives wages of less than six dollars per week, then the compensa
tion shall be the full amount of such wages per week. This compensa
tion shall be paid during three hundred weeks.
Nonresident
(I) Compensation under this schedule shall not apply to alien deaiiens.
pendents not residents of the United States.
W aitingtim e.
13 (as amended b y ch. 93, acts of 1919). No compensation other than
medical aid shall accrue and be payable until the employee has been
disabled ten days, whether the days of disability immediately follow
the accident or whether they be consecutive or not. These days shall
be termed the waiting period. The day that the employee is unable to
continue at work by reason of his accident, whether it be the day of the
accident or later, shall count as one whole day of the waiting period.
Medical and 14 (as amended by ch. 93, acts of 1919). On the day of the accident
nospita service. an(j during the next following twenty-seven consecutive days, the em
ployer shall furnish reasonable medical and hospital services and medi
cines as and when needed not to exceed fifty dollars in value, unless
the employee refuses to allow them to be furnished by the employer:
Provided, however, That in severe cases requiring unusual medical or
surgical treatment or calling for artificial limb or other mechanical
appliances, the employee or his representative shall be authorized to
present a petition to the workmen’s compensation bureau, and the
commissioner, deputy commissioner, or referee thereof is hereby em
powered, when warranted by the evidence produced, to order addi
tional services, artificial limbs or other appliances not to exceed in
total the sum of two hundred dollars, or to extend over a period not to
exceed in total seventeen weeks. This paragraph shall apply only to
nonfatal cases.
Sequence
of 14(a) (as amended by ch. 93, acts of 1919). Compensation for all
satioii payments] classes of injuries shall run consecutively, and not concurrently, except
‘ as provided in paragraph fourteen, as follows: First four weeks, medical
and hospital services and medicines as provided in paragraph fourteen.
After the waiting period, compensation during temporary disability.
Following both, either or none of the above, compensation consecu
tively for each permanent injury. Following any or all or none of the
above, if death results from the accident, expenses of last sickness and
burial. Following which compensation to dependents, if any. In
no case shall the total number of weekly payments be more than four
hundred.
Notice.
15 . Unless the employer shall have actual knowledge of the occur
rence of the injury, or unless the employee, or some one on his behalf,
or some of the dependents, or some one on their behalf, shall give
notice thereof to the employer within fourteen days of the occurrence
of the injury, then no compensation shall be due until such notice is
given or knowledge obtained. If the notice is given, or the knowledge
obtained within thirty days from the occurrence of the injury, no want,
failure or inaccuracy of a notice shall be a bar to obtaining compensa
tion, unless the employer shall show that he was prejudiced by such
want, defect or inaccuracy, and then only to the extent of such preju
dice. If the notice is given, or the knowledge obtained within ninety
days, and if the employee, or other beneficiary, shall show that his
failure to give prior notice was due to his mistake, inadver[t]ence, igno-

TEXT OF LAWS— NEW JERSEY.
ranee of fact or law, or inability, or to the fraud, misrepresentation or
deceit of another person, or to any other reasonable cause or excuse, then
compensation may be allowed, unless, and then to the extent only that
the employer shall show that he was prejudiced by failure to receive
such notice. Unless knowledge be obtained, or notice given, within
ninety days after the occurrence of the injury, no compensation shall
be allowed.
16. The notice referred to may be served personally upon the em- Service
plover, or upon any agent of the employer upon whom a summons may e'
be "served in a civil action, or by sending it through the mail to the
employer at the last known residence or business place thereof within
the State, and shall be substantially in the following form:
To (name of employer):
You are hereby notified that a personal injury was received by
(name of employee injured), who was in your employ at (place) while
engaged as (nature of employment), on or about the — ■-----day of--------- ,
nineteen hundred a n d ---------and that compensation will be claimed
therefor.
(S ig n e d )-------------------.
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 an injury in the course of his employment on or about a
specified time, at or near a certain place. Notice served at the office
of, or on the person who was the employee’s immediate superior, shall
be a compliance with this act.
17. After an injury, the employee, if so requested by his employer, Medical
must submit himself for examination at some reasonable time and
lons*
place within the State, and as often as may be reasonably requested, to
a physician or physicians authorized to practice under the laws of this
State. If the employee requests, he shall be entitled to have a physi
cian or physicians of his own selection present to participate in such
examination. The refusal of the employee to submit to such exami
nation shall deprive him of the right to compensation during the con
tinuance of such refusal. When a right to compensation is thus sus
pended no compensation shall be payable in respect of the period of
suspension.
18. In case of a dispute over, or failure to agree upon a claim for com- Disputes
pensation between employer and employee, or the dependents of the
employee, either party may submit the claim, both as to questions of
fact, the nature and effect of the injuries, and the amount of compen
sation therefor according to the schedule herein provided, to the judge
of the court of common pleas of such county as would have jurisdiction
in a civil case, or where there is more than one judge of said court, then
to either or any of said judges of such court, which judge is hereby
authorized to hear and determine such disputes in a summary manner,
and his decision as to all questions of fact shall be conclusive and
binding.
19 (as amended by ch. 93, acts of 1919). In case of death com- Payment
pensation payments may be made directly to dependents of full agecase deat
and on behalf of infants to the surviving parent, if any, or to the statu
tory or testamentary guardian of any such infant; or the workmen’s
compensation bureau, on application or when a petition has been filed,
may order such payments to be made to the administrator or executor
of the decedent or to such person as would be appointed administrator
of the estate of the decedent, and may, if compensation is to be paid
weekly, require, in the discretion of the bureau, the filing with the
bureau of a bond, with satisfactory surety, to the dependents, for not
more than one hundred dollars, for the proper application of the com
pensation payments. If a commutation of the award is ordered and it
is impracticable to make distribution of the commuted sum among the
persons entitled thereto, then the bureau, on making such commuta
tion, shall require a bond with such sureties and in such amount as
will, in the judgment of the bureau, fully secure the persons severally
entitled to portions of such commuted sum.

714

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 sta t e s.

20. Procedure in case of dispute shall be as follows:
Either party may present a petition to said judge setting forth the
names and residences of the parties and the facts relating to employ
ment at the time of injury, the injuiy in its extent and character,
the amount of wages received at the time of injury, the knowledge of
the employer or notice of the occurrence of saidinjury, and such other
facts as may be necessary and proper for the information of the said
judge, and shall state the matter or matters in dispute and the con
tention of the petitioner with reference thereto. This petition shall
be verified by the oath or affirmation of the petitioner. Proceedings
on behalf of an infant shall be instituted and executed by a guardian,
and payment, if any, shall be made to such guardian.
N otice of hearUpon the presentation of such petition the same shall be filed with
the clerk of the court of common pleas, and the judge shall by order
fix a time and place for the hearing thereof, not less than three weeks
after the date of the filing of said petition. A copy of said petition
and order shall be served as summons in a civil action and may be
served within six days thereafter upon the adverse party. Within
seven days after the service of such notice the adverse party shall file an
answer to said petition, unless the court for good cause shall grant
further time, which shall admit or deny the substantial averments of
the petition, and shall state the contention of the defendant with
reference to the matters in dispute as disclosed by the petition.
The answer shall be verified in like manner as required for a petition.
Within thirty days after the final hearing the judge of the court of
common pleas shall file his determination.
D ecision.
At the time fixed for hearing or any adjournment thereof the said
judge shall hear such witnesses as may be presented by each party,
and in a summary manner decide the merits of the controversy.
This determination shall be filed in writing with the clerk of the com
mon pleas court, and judgment shall be entered thereon in the same
manner as in causes tned in the court of common pleas, and shall contafti a statement of facts as determined by said judge. The employer
may once every month file receipt of payment, verified by affidavit
that the receipts are accurate and true, with the clerk of the court,
which shall be entered in satisfaction of the judgment to the extent of
such payments. Subsequent proceedings thereon shall only be for
the recovery of moneys thereby determined to be due, provided that
nothing herein contained shall be construed as limiting the jurisdiction
of the supreme court to review questions of law by certiorari.
Costs may be awarded by said judge in his discretion, and when so
awarded the same costs shall be allowed, taxed and collected as are
allowed, taxed and collected for like services in the common pleas
court.
A g r ee m e n ts
No agreement between the parties for a lesser sum than that which
not bar.
may be determined by the judge of the court of common pleas to be
due, shall operate as a bar to the determination of a controversy upon
its merits, or to the award of a larger sum, if it shall be determined by
the said judge that the amount agreed upon is less than the injured
employee or nis dependents are properly entitled to receive.
Refusing m edi20 (e) (added by ch. 93, acts of 1919). Whenever it shall appear
ealI, etc., aid.
that an employer is being prejudiced by virtue of the refusal of an
injured employee to accept proffered medical and surgical treatment
deemed necessary by the physician selected by the employer, or his
failure or neglect to comply with the instructions of the physician in
charge of the case, such employer is hereby authorized to file a peti
tion with the workmen’s compensation bureau, which is hereby em
powered to order proper medical and surgical treatment at the ex
pense of the employer, and in event of refusal or neglect by the em
ployee to comply with this order the bureau shall make such modifica
tion in the award contained in the schedule as the evidence produced
shall justify.
Paym ents to
21 . (a) At any time after the entry of the award, a sum equal to all
trustees.
future installments of compensation may (where death or the nature
of the injury renders the amount of future payments certain) by leave
of court, be paid by the employer to any savings bank, trust companv,
or life insurance company in good standing and authorized to do
Procedure.

TEXT OF LAWS--- NEW JERSEY.
business in this State and having an office in the county in which the
award was entered, and such sum, together 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 the receipt
of the trustee noted upon the docket of the clerk of the court, shall
operate as a satisfaction of said award as to the employer. Payments
from said fund shall be made by the trustee in the same amounts and
at the same times as are herein required of th e employer until said fund
and interest shall be exhausted. In the appointment of the trustee,
preference shall be given, in the discretion of the court, to the choice
of the employee or the dependents of the deceased employee. The
expense of administration of such trust shall be fixed by the court
and paid by the employer.
21 (b) (as amended by ch. 93, acts of 1919). The compensation hereby L um psum s
provided may be commuted by said workmen’s compensation bureau
at its present value, when discounted at five per centum simple in
terest, upon application of either party, with due notice to the other,
if it appears that such commutation will be for the best interest of the
employee or the dependents of the deceased employee, or that it will
avoid undue expense or undue hardship to either party, or that such
employee or dependent has removed or is about to remove from the
United States, or that the employer has sold or otherwise disposed of
the greater part of his business or assets.
(c) Unless so approved, no compensation payments shall be com
muted.
(d) In determining whether the commutation asked for will be for
the best interest of the employee or the dependents of the deceased
employee, or that it will avoid undue expense or undue hardship to
either party, the workmen’s compensation bureau or the judge of the
court of common pleas will constantly bear in mind that it is the inten
tion of this act that compensation payments are in lieu of wages, and
are to be received by the injured employee or his dependents in the
same manner in which wages are ordinarily paid. Therefore, com
mutation is a departure from the normal method of payment, and is to
be allowed only when it clearly appears that some unusual circum
stances warrant such a departure. Commutation shall not be allowed
for the purpose of enabling the injured employee or the dependents of
a deceased employee to satisfy a debt, or to make payment to physician,
lawyers, or any other persons.
(e) When any proceedings have been taken under the provisions of Attorneys'
paragraph twenty or paragraph twenty-one of this act, the workmen’s
compensation bureau or the judge of the court of common pleas shall,
as a part of its or his determination and order, either for payment or for
commutation of payment, settle and determine the amount of com
pensation to be paid by the injured employee or his dependents, on
behalf of whom such proceedings are instituted, to his legal adviser or
advisers, and it shall be unlawful for any lawyer, or other person acting
in that behalf, to ask for, contract for, or receive any larger sum than the
amount so fixed; and in the order determining weekly payments where
no commutation is made, the bureau or the said judge shall also deter
mine the amount to be paid per week from the compensation payment
on account of the legal fee thus awarded, and it shall be unlawful for the
legal adviser, or other person acting in that behalf, to ask for, contract
for, or receive a larger sum per week than the allowance thus determined.
(/) An agreement or award of compensation may be modified at any R eview .
time by a subsequent agreement, or reviewed upon the application of
either party on the ground that the incapacity of the injured employee
has subsequently increased or diminished. In such case the provisions
of paragraph seventeen with reference to medical examination shall
apply.
(g)
Whenever lawful compensation shall have been withheld from Interest.
an injured employee or dependents for a term of three months or more,
simple interest on each weekly payment at five per centum per annum
for the period of delay of each payment may, at the discretion of the
bureau* be added to tne amount due at the time of settlement.

7 /1 6

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

Compensation
22 . The right of compensation granted by this act shall have the same
a hen.
preference against the assets of the employer as is now or may hereafter
Assignm ents,

be allowed by law for a claim for unpaid wages for labor. Claims of
payments due under this act shall not be assignable, and shall be exempt
from all claims of creditors and from levy, execution, or attachment.
SECTION III. G ENERAL PROVISIONS.

23 (as amended by ch. 93, acts of 1919). (a) For the purposes of this
act, willful negligence shall consist of ( 1) deliberate act or deliberate
failure to act, or ( 2 ) such conduct as evidences reckless indifference to
safety, or ( 3 ) intoxication, operating as the proximate cause of injury.
Definitions.
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.
(c) Employer is declared to be synonymous with master, and includes
natural persons, partnerships, and corporations; employee is synony
mous with servant, and includes all natural persons who perform service
for another for financial consideration, exclusive of casual employments,
which shall be defined, if in connection with the employer’s business,
as employment the occasion for which arises by chance or is purely
accidental; or if n otin connection with any business of the employer,
as employment not regular, periodic, or recurring.
(d) Amputation between the elbow and the wrist shall be considered
as the equivalent of the loss of a hand, and amputation at the elbow
shall be considered equivalent to the loss of the arm. Amputation
between the knee and ankle shall be considered as the equivalent of
the loss of a foot, and amputation at the knee shall be considered equiv
alent to the loss of the leg.
Waivers.
(e) No agreement, composition, or release of damages made before
the happening of any accident, except the agreement defined in sec
tion two of this act, shall be valid or shall bar a claim for damages for
the injury resulting therefrom, and any such agreement, other than
that defined in section two herein, is declared to be against the public
policy of this State. The receipt of benefits from any association,
society, or fund to which the employee shall have been a contributor
shall not bar the recovery of damages by action at law or the recovery
of compensation under section two thereof. ^
Liability
of (J) where a third person or corporation is liable to the employee or
third persons.
^ dependents for an injury or death, the existence of a right of com
pensation from the employer under this statute shall not operate as a
bar to the action of the employee or his dependents, nor be regarded as
establishing a measure of damage therein. However, in event that the
employee or his dependents ehall recover from the said third person
or corporation a sum equivalent to or greater than the total compensa
tion payments for which the employer is liable under this statute, the
employer shall be released thereby from the obligation of compensation.
If, however, the sum so recovered from the third person or corporation
is less than the total of compensation payments, the employer shall be
liable only for the difference. The obligation of the employer under
this statute to make compensation shall continue until the payment,
if any, by such third person or corporation is made. Such employer
shall file with the third person or corporation so liable, at any time
prior to payment, a statement of the compensation agreement or award
between himself and his employee, or the dependents of the employee,
and the employer shall thereafter be entitled to receive from such third
person or corporation, upon the payment of any amount in release or
in judgment by the third person or corporation on account of his or
its liability to the injured employee or his dependents, a sum equiva
lent to the amount of compensation payments which the employer has
theretofore paid to the injured employee or his dependents, which pay
ments shall be deducted by the third person or corporation from the
sum paid in release or judgment to the injured employee or his de
pendents.
Wages.
(g) Wherever in section two of this act the term “ wages” is used it
shall be construed to mean the money rate at which the service ren
dered is recompensed under the contract of hiring in force at the time

W illful
genee.

negli-

TEXT OF LAWS— NEW JERSEY.

717

of the accident, and shall not include gratuities received from the
employer or others. Board and lodging when furnished by the em
ployer as part of the wages shall be included and valued at five dollars
per week, unless the money value of such advantages shall have been
otherwise fixed by the parties at the time of hiring. Where prior to
the accident, the rate of wages is fixed by the output of the employee,
the daily wage shall be calculated by dividing the number of days the
workman was actually employed into the total amount the employee
earned during the preceding six months, or so much thereof as shall
refer to employment by the same employer. Where the rate of wages
is fixed by the hour, the daily wage shall be found by multiplying the
hourly rate by the customary number of working hours constituting an
ordinary day in the character of the work involved. In any case the
weekly wage shall be found by multiplying the daily wage by five and
one-half, or if the employee worked a greater proportion of the week
regularly, then by six, six and one-half, or seven, according to the
customary number of working days constituting an ordinary week in
the character of work involved.
(h)
In case of personal injury or death all claims for compensation L im itation,
on account thereof shall be forever barred unless a petition is filed in
duplicate with the secretary of the workmen’s compensation bureau,
at the statehouse, in Trenton, within one year after the date on which
the accident occurred, or in case an agreement of compensation has
been made between such employer and such claimant, then within one
year after the failure of the employer to make payment pursuant to the
terms of such agreement; or m case a part of the compensation has
been paid by such employer, then within one year after the last pay
ment of compensation.
24. In case for any reason any paragraph or any provision of this act Construction of
shall be questioned in any court and shall be held to be unconstitu- act*
tional or invalid, the same shall not be held to affect any other para
graph or provision of this act, except that Sections I and II are hereby
declared to be inseparable, and i f either section be declared void or
inoperative in an essential part, so that the whole of such section must
fall, the other section shall fall with it and not stand alone. Section I
of this act shall not apply in cases where Section II becomes operative
in accordance with the provisions thereof, but shall apply in all other
cases, and in such cases shall be in extension of the common law.
Approved April 4, 1911.
Chapter 368.— Contracts of employment—Presumption as to election.
Section 1. Every contract of hiring, verbal, written,, or implied P r i o r confrom circumstances, now in operation or made or implied prior to the tracts,
time limited for the act to which this act is a supplement [chapter 95,
Acts of 1911] to take effect, shall, after this act takes effect, be pre
sumed to continiSPsubject to the provisions of section two of the Notice of re
act to which this act is a supplement, unless either party shall, prior j e c t i o n reto accident, in writing, notify the other party to such contract that the
provisions of section two of the act to which this act is a supplement
are not intended to apply.
Approved May 2, 191L

ACTS OF 1912.
Chapter 316.— Compensation of workmen for injuries—Decisions to be

reported.
Section 1. The clerk of each of the courts of common pleas in this

Commissioner

State, whenever any order is filed by the judge of such court making a ?eive decisionsf6"
decision upon any matter arising under the provisions of an act enti
tled “ An act prescribing the liability of an employer to make compen
sation for injuries received by an employee in the course of employ
ment, * * * [chapter 95, Acts of 1911] establishing an elective
schedule of compensation, and regulating procedure for the determina
tion of liability and compensation thereunder,” approved April fourth,

718

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 i t e d s t a t e s .
nineteen hundred and eleven, shall forthwith forward to the commis
sioner of labor of the State of New Jersey a copy of the said order,
which need not be certified, without any charge being made therefor.
Approved April 1 , 1912.
ACTS OF 1913.
Chapter 145.— Compensation of workmenfor injuries—Public employees.

Who entitled
Section 1. Every employee who shall be in the employ of the State,
to compensation. county? municipality, or any board or commission, or any other gov

erning body, including boards of education, within this State, shall be
compensated under and by virtue of section two to which this act is a
supplement: Provided, however, That no person receiving a salary
greater than twelve hundred dollars per year, nor any person holding
an elective office shall be entitled to compensation: And provided
further, That nothing herein contained shall be construed as affecting
any pension fund now or hereafter provided by law.
How payments Sec. 2. When any payment shall be due under the provisions of
are to be made.
supplement or the act to which it is a supplement, the name of
the injured employee, or in case of his death, the names of the persons
to whom payment is to be made as his dependents, shall be carried
upon the pay roll, and payment shall be made in the same manner and
from the same source in which and from which the wages of the injured
employee were paid. In event that any extraordinary payment larger
than the weekly rate of compensation shall be due, such payment shall
be made from any fund available for the maintenance or incidental ex
penses of the institution, department, board, or governing body under
and by which the employee was employed.
Approved March 27, 1913.
ACTS OF 1915.
Chapter 59.— Compensation payments on behalf of minors.
Parents to act 1. In case where an infant or minor under the age of twenty-one
as guardian.
years shall be entitled to receive a sum or sums amounting in the ag

gregate to not more than two hundred and fifty dollars as compensa
tion for injuries or as a distributive share by virtue of the provisions of
the act to which this act is a supplement, whether heretofore or here
after arising, the father, mother, or natural guardian upon whom such
infant or minor shall be dependent for support shall be authorized and
empowered to receive and receipt for such moneys to the same extent
as a guardian of the person and property of such infant or minor duly
appointed by the surrogate of the orphans, court of the county in whicn
Release a com- such infant or minor resides, and the release or diiMjrarge of such father,
Piete discharge. mother, or natural guardian shall be a full and con ^ ete discharge of all
claims or demands of such infant or minor thereunder.
Approved March 17, 1915.
Chapter 199.— Judgments in compensation cases—Failure to pay.
Judgment
1. Any judgment entered in the court of common pleas pursuant to
docketed.
the provisions of section twenty of the act to which this act is a supple

ment may be docketed in the supreme court and thenceforward operate
Upon failure to comply with the
original order for compensation the court may order that the entire
amount of compensation shall become due immediately and execution
may issue upon proof of such failure for the entire amount of compensa
tion, without discount or commutation. Supplementary proceedings
in aid of execution may be resorted to upon a judgment so docketed
and becoming due in whole as in any other case.
Approved April 6 , 1915.

Failure to com- as a judgment recovered in that court.

ply-

TEXT OF LAWS— NEW JERSEY.

719

ACTS OF 1917.
Chapter 178.— Workmen's compensation insurance.
Section 1. This act shall be known as the workmen’s compensation
insurance act.
A r tic le I.

Title,

Sec. 2. Any employer, except the State or a municipality, or county insurance reor echool district, who by agreement, express or implied, is now or quired*
hereafter becomes subject to the provisions of section two of an act en
titled “ An act prescribing the liability of an employer to make com
pensation for injuries received by an employee in the course of employ
ment, establishing an elective schedule of compensation and regulating
procedure for the determination of liability and compensation there
under,” approved April fourth, one thousand nine hundred and eleven,
and the amendments thereof and supplements thereto, hereinafter re
ferred to as the workmen’s compensation act, as therein provided, shall
forthwith make sufficient provision for the complete payment of any
obligation which he may incur to any injured employee or his depend
ents under the provisions of section two of said workmen’s compensa
tion act, by one of the following methods, as hereinafter set forth in
sections three and four of this act; and he shall, upon demand, file with
the commissioner of banking and insurance proof m such forms as here
inafter set forth. Any corporation, firm, or person, refusing or failing
to comply shall, for each offense, be liable to a penalty of fifty dollars,
to be recovered in an action of debt, brought by the commissioner of
banking and insurance, in the name of the State of New Jersey. Each
failure to comply shall be regarded as a separate offense.
Sec. 3. Providing the employer can reasonably satisfy the commis- Self-insurance,
sioner of banking and insurance as to the permanence and financial
standing of his business, he may carry his own liability insurance. An
employer desiring to be exempt from insuring the whole or any part of
his liability for compensation shall make application to the commis
sioner of banking and insurance showing his financial ability to pay
such compensation, whereupon the commissioner of banking and insur
ance, if satisfied of the applicant’s financial ability, shall by written
order make such exemption. The commissioner of banking and insur
ance may, from time to time, require further statements of the financial
ability of such employer, and, if at any time in the opinion of the com
missioner of banking and insurance such employer appear no longer
able to pay compensation, the commissioner shall revoke his order
granting exemption; in which case the employer shall immediately in
sure his liability in a mutual association or other insurance company.
Any employer providing insurance according to the provisions of tms
section may, for his own protection, reinsure the whole or any part of
his risk. Such ctMtract of insurance shall operate only between the
employer and his insurance carrier, and shall not be subject to any of
the provisions of this act.
Sec. 4. Every employer not operating under section three of this act Stock,etc., com
as hereinbefore set forth shall insure and keep insured his liability in Pames*
any stock company or mutual association authorized .to engage in work
men’s compensation or employer’s liability insurance in this State. If
insurance be affected by either method mentioned in this section, said
insurance company or mutual association shall file with the commis
sioner of banking and insurance a notice setting forth the name of such
insurance company, its principal office in this State, together with a
copy of the policy of insurance and copies of all endorsements attached
and such other data in relation thereto as the commissioner of banking
and insurance may require.
Sec. 5. Any employer who shall fail to provide the protection pre- Failure to in
scribed in this act within ninety days after it becomes effective snailsure’
be liable to a fine of not more than one dollar for each of his employees
per day, not to exceed one hundred dollars per day for the period such
failure shall continue, recoverable by the commissioner of banking and
insurance in the name of the State of New Jersey, in an action of debt.

720 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 i t e d s t a t e s .
Sec. 6 . Every employer who has complied with the provisions of this
act shall post and maintain in a conspicuous place or places in and
about his place or places of business, typewritten or printed notices
stating the fact that he has secured the payment of compensation to his
employees and their dependents in accordance with the provisions of
this act, and shall name the company or companies insuring his liability
or shall state the fact that the employer has qualified before the com
missioner of banking and insurance for the carrying of his own liability.
Cancellation of Sec. 7. No contract of insurance issued by a stock company or mucontracts.
tual association against liability arising under the said workmen’s com
pensation act shall be canceled within the time limited in such contract
for its expiration, until at least ten days after notice of cancellation of
such contract on a date specified in such notice shall be filed in the
office of the commissioner of banking and insurance, and also served
on the employers. Such notice shall be served on the employer by
delivering it to him or sending it by registered letter, addressed to the
employer at his or its last known place of business: Provided, That if
the employer be a partnership, then such notice may be so given to any
one of the partners, and if the employer be a corporation, then the no
tice may be given to the agent or any officer of the corporation upon
whom legal process may be served,
li him p 1 ° y 6 r
®EC*
em Ploy er securing the payment of compensation by any
liable.
0f the methods prescribed in section four of this act notwithstanding,
shall be liable primarily for the payment of proper compensation for
personal injuries or death sustained by his employees. The employer
shall have recourse for the amount thereof against his insurance carrier.
But the insurance carrier shall be directly liable to the injured em
ployee, or his dependents, in event of the death, insolvency, bank
ruptcy or other proceedings, as a result of which the conduct of the
employer’s business may be and continue to be in the charge of an exec
utor, administrator, receiver, trustee, or assignee.
Provisions of gEC# 9 . Every contract of insurance covering the liability of an emcontracts.
ployer for compensation to injured employees or their dependents, un
der the provisions of section two of the said workmen’s compensation
act, hereafter written by a stock company or a mutual association, shall
provide, or be construed to provide, that it is made for the benefit of
the several employees of the insured employer and their dependents,
and that such contract may be enforced by any of such employees or
their dependents, suing thereon in his or their names as though dis
tinctly made party thereto.
Same.
Sec. 10. Every such contract shall further provide, or be construed
to provide, that any injured employee or his dependents may enforce
the provisions thereof to his or their benefit, either by agreement with
the employer and the insurance carrier, in event that compensation be
settled Iby agreement, or by joining the insurance carrier with the em
ployer in his petition filed for the purpose of enforcing his claim for com
pensation, or by subsequent application to the court of common pleas,
upon the failure of the employer, for any reason, to make adequate and
continuous compensation payments.
Effect of notice Sec. 11. Every such contract shall provide, or be construed to
to employer.
provide, that, as between the employee and the insurance carrier, the
notice to or knowledge of the occurrence of the injury on the part of
the employer shall be deemed notice or knowledge, as the case may be,
on the part of the insurance carrier; that jurisdiction of the employer
shall, for the purpose of this act, be jurisdiction of the insurance carrier,
and that the insurance carrier shall in all things be bound by and sub
ject to the orders, findings, decisions, or awards rendered against the
employer for the payment of compensation.
Death, insol- Sec. 12. Every such contract shall provide, or be construed to provency,etc.
vide, that, upon the death, insolvency, or bankruptcy of the insured
employer, or upon his assignment, for the benefit of creditors, the
insurance carrier shall immediately become directly liable for all com
pensation payments due to any injured employee or his dependents by
virtue of prior agreement or award until completion thereof, or that may
thereafter become due during the period for which the requisite pre
miums have been paid by such employer.
Notice.

TEXT OF LAWS— NEW JERSEY.

721

Sec. 13. Nothing herein contained shall be held to apply to a contract Self-insurers,
for insurance between an insurance carrier and an employer who has
provided self-insurance.
Sec. 14 (as amended by ch. 105, Acts of 1919). No policy of insur- Limitations forance against liability arising under this act shall contain any limita- bidden,
tions of the liability of the insurer to an amount less than that payable
by the insured on account of the risk insured against under this act nor
shall any such policy contain any limitation of the total liability of
the insurer because of injuries to two or more persons in a single acci
dent, nor shall any such policy of insurance or any indorsement thereon
insure the employer against any liability whatsover other than liability
of the assured for compensation or damages because of personal injuries,
including death at any time resulting therefrom, sustained by his
employees, nor shall any actions be maintained for the collection of
premiums on any policy violating this act ; but a policy may be issued
to an employer insuring him against his liability under this act upon
any particular business, plant, or employment carried on by him: Pro
vided, That all other businesses plans, or employments carried on by
the same employer are insured or exempted as provided for in this act.
Sec. 15 (as amended by ch. 105, Acts of 1919). Every insurance Classifications,
company or mutual association which insures employers against lia- etc->t0 bo filed,
bility for compensation under this act shall file with the commissioner
of banking and insurance its classifications of risks and premiums and
rules pertaining thereto, together with the basis rate and system of
merit or schedule rating, which system of merit or schedule rating shall
be applied as hereinafter provided. Neither classifications nor risks,
rules pertaining thereto, basis rates, nor system of merit or schedule
rating shall take effect until the commissioner of banking and insur
ance shall have approved the classifications, rules, basis rates, and sys
tem of merit or schedule rating, as reasonable and adequate for the
risks to which they respectively apply. The commissioner of banking
and insurance may withdraw his approval of any classification, rule,
basis rate, or system of merit or schedule rating if he shall find that such
classification, rule, rate or system of merit or schedule rating is unrea
sonable or inadequate for the risk to which they respectively apply.
To secure the impartial application of the approved classifications,
rules, rates, or system of merit or schedule rating, the commissioner ol
banking and insurance is hereby authorized to create, organize, and
supervise such rate and inspection bureau or bureaus with such juris
diction under his supervision as hereinafter provided. No insurance
company or mutual association writing workmen’s compensation or
employer’s liability insurance in this State under this act shall issue,
renew, or carry any insurance for compensation under this act, except
in accordance with the classifications, rules, basis rates, and system
of merit or schedule rating approved b y the commissioner of banking
and insurance as aforesaid and applied by the rating and inspection
bureau or bureaus: Provided, however, That any departure from the
basis rate filed with and approved by the commissioner of banking and
insurance on account of the application of a system of merit or schedule
rating approved by the commissioner of banking and insurance shall
be clearly set forth in the insurance contract or indorsements attached
thereto. If any insurance company or mutual association authorized
to write workmen’s compensation or employers’ liability insurance in
this State shall violate the provisions o f this act, the commissioner of
banking and insurance may, in his discretion, after public hearing,
suspend the authority of said insurance company or mutual association
to transact workmen’s compensation or employers’ liability insurance
in this State for such period as said commissioner shall fix.
A r tic le

II.

1. There is hereby created under the supervision of the R ating and incommissioner of banking and insurance, in order to carry out the pur- sPectl0n bureau,
poses of this act, a bureau to be known as the Compensation Rating and
Inspection Bureau of New Jersey, with the following objects, functions
ana sources of income:
177982°—21—Bull. 272------ 46
S e c tio n

722 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 i t e d s t a t e s .
(а) To maintain rules, regulations, and premium rates for work
men’s compensation insurance and equitably adjust the same, as far as
practicable, to the hazard of individual risks, by inspection by the
bureau.
( б) To adopt means for assuring uniform and accurate audit of pay
rolls on policies by pay-roll auditors, appointed by the bureau under
the supervision of the Compensation Rating and Inspection Bureau of
New Jersey, with the approval of the commissioner of banking and
insurance.
(c)
To furnish upon request of any employer in the State of New
Jersey or to any member of the Compensation Rating and Inspection
Bureau of New Jersey, upon whose risk a compensation rate has been
promulgated, information as to such rating, including the method of
its computation, and to encourage employers to reduce the number and
severity of accidents by offering reduced premium rates for improved
working conditions under such uniform system of merit or schedule
rating as may be approved by the commissioner of banking and insur
ance of the State of New Jersey.
Companies to Sec. 2. Before the commissioner of banking and insurance shall
becomememDers.grail^ pennjggion to any mutual association or stock company to write
compensation or liability insurance in this State, it shall be a requisite
that they shall become members of the Compensation Rating and In
spection Bureau of New Jersey.
(a) Each member of the compensation rating and inspection bureau
writing the workmen’s compensation or liability insurance in the State
of New Jersey shall, as a requisite thereto, be represented in the afore
said bureau and shall be entitled to one representative and one vote in
the administration of the affairs of the bureau.
Rules.
( 6) The bureau when created shall adopt such rules and regulations
for its procedure and provide such income as may be necessary for its
maintenance and operation.
Chairman.
(c) The commissioner of banking and insurance of the State of New
Jersey shall appoint a special deputy to be ex officio chairman of the
Compensation Rating and Inspection Bureau of New Jersey; in his
absence or inability to serve, such further person as designated by the
commissioner of banking and insurance shall preside in his stead.
Officers.
(d) All officers, members of committees, and employees of the Com
pensation Rating and Inspection Bureau of New Jersey shall be subject
to the approval and ratification of the commissioner of banking and
insurance.
Actuary.
Sec. 3 (as amended by ch. 105, acts of 1919). In order to carry into
effect the object of this act, the commissioner of banking and insur
ance is authorized to employ an actuary and such additional assistance
in his department as is necessary, and to fix their compensation, and
the commissioner of banking and insurance is hereby authorized to
compel the production of all books, data, papers, and records relating
to, or bearing upon such data as is necessary for the actuary to compile
statistics for the purpose of determining the pure cost of workmen’s
compensation insurance in New Jersey, and this information shall be
available and [sic] for the use of the compensation rating and inspection
bureau for the compilation and promulgation of rates for workmen’s
compensation; and the said commissioner is further authorized to ex
amine, either personally or through any person appointed by him, the
pay-roll records and workmen’s compensation or employers’ liability
policies, and all data relating to such records and policies of any em
ployer subject to the provisions of this act in order to determine
whether such provisions are being complied with.
Excepted
s EC. 4 . if and when any class or classes of employers or employees
c asses.
shall be excepted from the provisions of section two of the workmen’s
compensation act by an act of the legislature, prepared for that purpose
from the date when such acts shall become effective, such employers
as may be thereby excepted shall thereupon and from thenceforward,
by this provision of this act, be likewise excepted from the provisions
hereof.
Farm and do- Sec. 5. Nothing in this act contained shall apply to any employer
mestic labor.
0f farm laborers or domestic servants.

TEXT OF LAWS— NEW JERSEY.

723

Sec. 6 . If any part of this act be adjudged unconstitutional, it shall Provisions sevnot invalidate the remainder of this act.
e e’
Approved March 27,1917.
C hapter 262.— Workmen’s compensation insurance—Application o f law.
Section 1 . The provisions of * * * [ch. 178, above] are hereby Existing conextended to and shall be applicable to and control all contracts o f tracts*
employment existing or which shall hereafter exist under the provisions
of section one of the said workmen’s compensation act, * * *.
Approved March 31, 1917.

ACTS OF 1918.
Chapter 149.— Workmen’s compensation bureau.
Section 1 . There is hereby created in the department of labor a bureau Wo r k me n ’ s
to be known as the Workmen’s Compensation Bureau. Such bureau buSau!n
10n
shall be composed of the commissioner of labor, who shall act as chair- Members,
man thereof, for which service he shall receive the sum of fifteen
hundred dollars per year; three deputy commissioners of compensation,
one of whom shall be its secretary, and such referees and other em
ployees as may, in the judgment of the commissioner of labor, be
necessary.
Sec. 2. The deputy commissioners, secretary of said bureau, referees Deputies and
and other employees shall be appointed by the commissioner of labor as
n
in accordance with the provisions of an act entitled “ An act regulating
the employment, tenure, and discharge of certain officers and employees
of this State, and of various counties and municipalities thereof, and
providing for a civil service commission, and defining its powers and
duties,” approved April tenth, one thousand nine hundred and eight:
Provided, however, That the secretary and referees now holding office Proviso,
in the workmen’s compensation-aid bureau shall be appointed deputy
commissioners of compensation, and the other employees of the work- Present emmen’s compensation-aid bureau shall be transferred to such positions p oyees'
in the bureau created by this act as the commissioner of labor shall
direct, and shall continue as employees of said last-mentioned bureau,
unless removed in accordance with the provisions of the act aforesaid.
The salaries of the deputy commissioners, referees and other employees Salaries,
shall be fixed by the commissioner of labor.
Sec. 3. The commissioner of labor, the deputy commissioners and Jurisdiction,
the referees appointed under this act, either sitting individually or
together, shall have exclusive original jurisdiction of all claims for
compensation arising under the act to which this act is a supplement,
and the acts amendatory thereof and supplemental thereto.
Sec. 4. Whenever an employer or his insurance carrier and an in- Co?Xi°i agree‘
jured employee, or the dependents of a deceased employee, shall, by m
agreement, duly signed, settle upon and determine the compensation
due to the injured employee, or to the dependents of a deceased em
ployee, as provided by law, the employer or the insurance carrier
shall forthwith file with the bureau a true copy of such agreement.
Such agreement shall not bind the employer or injured employee, or
the dependents of a deceased employee, unless approved by the bureau.
If an agreement for lawful and adequate compensation, approved by
the bureau, is not filed within twenty-one days after the date of the
happening of the injury, the bureau shall, so far as practicable, en
deavor to bring about a settlement of the pending claim. If no petition Procuring setis filed by the injured employee, or the dependents of a deceased 111 '
employee, the bureau may institute an inquiry on its own motion, to
determine the reasons for the failure to agree as to compensation, and
may, either before or after the institution of such inquiry, with the
consent of the injured employee, or the dependents of a deceased
employee, file a petition for compensation. When such petition is
filed by said bureau, on its own initiative, the subsequent proceedings
shall be the same as is hereinafter set forth in cases where the claimant
files a petition.

724

w o r k m e n ’s c o m p e n s a t io n l a w s OF THE UNITED STATES.

Claim within Sec. 5. Every claimant for compensation under the act to which
one year.
this act is a supplement [ch. 95, acts of 1911], or its supplements or amend

ments, shall, unless a settlement is effected or an application made to
the bureau, or a petition filed under the provisions of section four, file a
petition in duplicate with the secretary of 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 of the employer to make payment pursuant to the
terms of such agreement; or in case compensation has been paid by
such employer, then within one year after the last payment of compen
sation. A payment, or agreement to pay by the insurance carrier, shall
for the purpose of this section be deemed a payment or agreement by
the employer. The petition shall state the respective addresses of the
petitioner and of the defendant, and shall be in the form now required
by the act to which this act is a supplement. Said bureau shall pre
pare and print forms of petitions and shall furnish assistance to claim
ants in their preparation of such petitions, when requested so to do.
Service of petiSec. 6. Within five days after the filing of such petition, or as soon
tionthereafter as is practicable, the secretary shall cause a copy of such
petition to be served upon such employer by a process server of said
bureau in the manner now provided by law for the service of summons.
Annexed to said copy so served shall be a notice directing the employer
to file his answer thereto with the secretary of said bureau within the
time now or hereafter limited by the act to which this act is a supple
ment for the filing of answers. The answer shall state the address of
the defendant and shall be in the form now required by the act to
which this act is a supplement.
Hearing.
Sec. 7. Within ten days after the filing of said answer, or in case no
answer is filed within ten days after the expiration of the time for
filing and answer, the secretary of said bureau shall fix a time when
and a place where he shall hear said petition, or shall send a trans
cript of the petition and answer to the commissioner of labor, a deput
commissioner or one of the referees, in which case such commissioner
of labor, deputy commissioner or such referee, within fifteen days after
the filing of said answer, shall fix a time and place for the hearing of
said petition. Such time shall be not less than four weeks nor more
than six weeks after the filing of said petition. Such petition shall be
heard either in the county in which the injury occurred or in which the
petitioner or defendant resides, or in which the defendant’ s place of
business is located, or in which such defendant may be served with
process. ^ When a time and place has been fixed for such hearing the
commissioner of labor, deputy commissioner, or the referee to whom
the cause has been referred shall give at least ten days’ notice to each
party of the time and place for hearing. The commissioner of labor,
deputy commissioner or, any referee to whom any cause has been re
ferred, shall have power to adjourn the hearing thereof from time to
time in his discretion.
Service of paSec. 8. It shall be sufficient service of any paper, except the original
Persnotice to the defendant, if the same is sent by registered mail, addressed
to the petitioner at the address contained in said petition, or to the
defendant at the address contained in said answer.
Evidence.
Sec. 9. At such hearing evidence, exclusive of ex parte affidavits,
may be produced by both parties, but the official conducting such
hearing shall not be bound by the rules of evidence.
Procedure.
Sec. 10. The procedure for the determination of claims by said
bureau, except as herein otherwise provided, shall be conducted in
the manner provided by the act to which this act is a supplement,
and its supplements and amendments. The commissioner of labor,
each deputy commissioner, and each referee shall have the same power
as the court of common pleas under the act to which this act is a sup
plement, to modify any award of compensation and to provide for the
commutation of any such award.
Statement.
Sec. 11. A statement containing the date and place of hearing, the
names of the witnesses summoned, and the substance of the testimony
of each witness, together with the judgment of the commissioner, sec
retary or referee, shall be legibly written in ink or typewritten and

TEXT OF LAWS--- NEW JERSEY.

725

filed in the office of the secretary at Trenton, by the officer hearing
said cause, within fifteen days after such judgment, which statement,
together with the petition and answer, shall constitute the record of
the cause. A copy of the judgment of the commissioner, deputy com
missioner or referee, if such judgment results in an award to the peti- Judgment to be
tioner, shall, as soon as practicable after the Bame is rendered, be filed
in the office of the clerk of 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 of the court of common
pleas under the act to which this act is a supplement. The secretary
shall, within fifteen days after the rendering of the judgment, mail
to each of the parties a statement of 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 Bar to other acreopened by the said bureau or appealed as hereinafter provided.
n*
Sec. 12. The secretary of said bureau shall keep a docket in which Docket,
shall be entered the title of each cause, the date of the determination
thereof, and the filing of the judgment with the county clerk, if such
judgment is filed, the date of appeal, if any, and the date on which the
record in case of appeal was transmitted to the clerk of the court of
common pleas. The secretary shall also file the record of each case Records,
left with him by a referee or the commissioner, and shall keep a card
index of such record in such manner as to afford ready reference thereto.
Such records in such manner as to afford ready reference thereto. Such
records shall be open to the inspection of the public.
Sec. 13. The commissioner of labor, each deputy commissioner, Power of court,
and each of the referees shall have the same power as the court of com
mon pleas to issue subpoenas to compel the attendance of witness and
the production of books and papers. The fees for the attendance of Witness fees,
witnesses shall be such as are now provided for the attendance of wit
nesses in other civil cases, and shall be paid by the party arranging for
the attendance of such witnesses. Such subpoenas shall be authen- Subpoenas,
ticated by the seal of the department of labor, and either party to any
such proceeding may, without charge, secure subpoenas from the com
missioner of labor, a deputy commissioner or any referee. The failure
of any witness, when duly subpoenaed, to attend or give testimony
shall be punishable by the court of common pleas in the same manner
as such failure is punishable by such court in a case therein pending.
Sec. 14. The commissioner of labor, each deputy commissioner and Administering
each referee shall have power to administer oaths. Any person who, oathshaving been sworn as a witness in any such proceeding, snail willfully
give false testimony, shall be guilty of perjury.
Sec. 15. All hearings conducted under this act shall be open to the Public hearpublic.
b
.
in^s‘
Sec. 16. Neither party shall pay any fees for filing any papers with Filingfees.
the said bureau, or with the secretary thereof, and the clerk of any
county shall file any papers required by this act to be filed with such
clerk without the payment of any fee.
Sec. 17. The commissioner of labor and the deputy commissioners . Rules for hearmay make such rules and regulations for the conduct of such hearing mgs*
not inconsistent with the provisions of this act or of the act to which
this act is a supplement, as may, in his judgement, be necessary. The
official conducting any hearing under this act may, in his discretion,
allow to the party in whose favor judgment is entered, costs of witness Costs.
fees and a reasonable attorney fee when, in his judgment, the services
of an attorney were necessary for the proper presentation of the case.
Sec. 18. The deposition of any witness whose attendance before Depositions,
said bureau can not be secured by reason of his absence from the State,
or by reason of his physical inability to attend such hearing, may be
taken upon order of the official to whom said cause has been referred.
In any such case the procedure for taking such depositions shall con
form as nearly as practicable with the procedure outlined in the act
entitled “ An act concerning evidence (revision of 1900),” approved
March twenty-third, one thousand nine hundred.
Sec. 19 (as amended by ch. 92, acts of 1919). Either party may Appeals.
appeal from the judgment of said commissioner, deputy commissioner
or referee, to the court of common pleas of the county in which such

726

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

hearing was held, by filing with the secretary of said bureau, and with
the clerk of the county where such hearing was held, a notice of appeal.
Such notice shall be filed within thirty days after such judgment has
been rendered and shall briefly describe such judgment and state the
intention of the party to appeal therefrom. The filing of such notice
shall stay the execution of the judgment until the determination or
dismissal of said appeal. The appellant shall, within fifteen days after
the filing of a notice of appeal, send to the clerk of the court of common
pleas of the county in which such hearing was held, a transcript of the
record in said cause, which transcript shall be furnished the said appel
lant by the secretary of the bureau upon the payment of a fee to be
fixed by the commissioner of labor, not to exceed the sum of ten cents
H earings.
per folio. Within five days after the filing of said transcript, the judge
of the court of 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 of which shall be served upon the respondent by the appellant.
Trial de novo. The trial of such appeal shall be a trial de novo, in which the court of
common pleas shall m all things follow the procedure prescribed in the
act to which this act is a supplement, and the judgment of said court
of common pleas on any such appeal shall have the same effect and be
collected and docketed in the same manner as judgments of said court
Counsel.
under the act to which this act is a supplement. In case the respon
dent in said appeal is unable to pay counsel, the judge of the court of
Dism issal ofap- common pleas shall assign counsel to represent such respondent. Any
peaL
such appeal may be dismissed by the judge of the court of common
pleas if the transcript of the record is not transmitted, or if the appeal
is not prosecuted in accordance with the provisions of this act.
A ttorney’s fee.
20. The said court of common pleas may, in its discretion, allow a
reasonable attorney fee to the party prevailing in the trial of such ap
peal, which fee may be taxed in the costs and recovered against the
unsuccessful party.
V alidity of act.
21. In case any portion whatsoever of this act shall be adjudged to
be unconstitutional, it shall not invalidate the remaining portions of
said act, but shall be regarded as severable therefrom.
Approved February 28, 1918.

NEW MEXICO.
ACTS OF 1917.
Chapter 83.— Compensation o f workmen for injuries.
' S e c t i o n 1 . This act shall be known as the “ Workmen’s compensa- T itle,
tion act.”
Sec. 2 . Whenever any person, firm, or corporation engaged in Act
appliescarrying on, for the purpose of business, trade or gain, within this
en*
State, either or any of the extrahazardous occupations or pursuits,
herein named or described and intended to be affected hereby, shall
employ therein as many as four workmen, except as hereinafter pro
vided, such employer shall become liable to and shall pay to any
such workman injured by accident arising out of and in the course
of his employment in any such occupation and pursuit, and in case of
his death being occasioned thereby, to such person as may be appointed
by the court to receive the same for the benefit of his dependents,
compensation in the manner and amount and at the times herein
required, in event previous to the occurrence of such injury, such
employer and injured workman have by an agreement, either express
or implied, accepted and agreed to be bound by this act: Provided, That
if any such injury so occurs to any such workman in such service while
at work upon any derrick, scaffolding, pole, or other structure ten feet
or more above the surface of the ground, this act shall apply without
regard to the number of workmen employed at the time: Provided,
That an employer engaged in any occupation or pursuit not included
among the extrahazardous employments herein described and the
workmen employed by him may become subject to this act by written
agreement filed in the office of the clerk of the district court of the
county in which such occupation or pursuit is carried on.
Sec. 3. Every such employer engaged in any such occupation Guaranty of
shall file in the office of the clerk of the district court for the county Payments*
in which such workman is or it is contemplated at the time of sucn
agreement such workman is to be employed, previous to or within
thirty days, after having made any such agreement, express or implied,
with such workman (unless the judge of such district court shall, by
order duly filed in the office of said clerk, extend the time therefor,
in which event the same shall be so filed within the time as so extended)
good and sufficient undertaking in the nature of insurance or security
for the payment to any and all such injured workmen, or, in case of
death, to the person appointed by the court to receive the same, for
the benefit of the dependents, if any there be, entitled thereto here
under; except, that m case any employer shall be able to show to the Self-insurers,
satisfaction of such judge that he or it is financially solvent, and that
the giving of such security is unnecessary, such judge shall issue thereto
a certificate to that effect, which shall also be filed with said clerk,
and thereupon such employer shall be excused from filing such under
taking otherwise required until the further order of such judge, if
any, directing otherwise. Public utility corporations doing business
generally throughout the State may satisfy this requirement by filing
such undertaking in the office of the clerk of the district court of the
county wherein such corporation has its principal office in the State
or by satisfying the judge of said court or its solvency, and filing the
certificate to that effect in the office of such clerk. Such under- Undertaking
taking shall be either in the nature of a policy certificate of guarantee, require *
or insurance, or mutual insurance, issued by some guarantee, insur
ance, or mutual insurance company duly authorized to enter into such
character of contracts, or a bond, or other sufficient undertaking, executed
by such employer and two or more good and sufficient sureties, owners of

728

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 i t e d s t a t e s .
real estate in this State, or secured in such other way as the court may, in
any special instance, direct. In any case such undertaking or bond shall
be of sufficient form and be, in legal effect, an obligation of all parties
and sureties executing the same, so that judgment may issue there
upon in any proper case to any workman entitled thereto against both
such employer and such insurer or guarantor or sureties, or either
thereof, in event of^ legal proceedings being brought to recover the
same as herein provided. The name and post-office address of each
party to such undertaking shall be written or printed upon such under
taking in order that summons by notice, in event of suit against such
arty being brought by any claimant under such undertaking, may
Eabove
e served upon such party. Any certificate of the judge of said court
referred to shall show the post-office address of such employer.

The clerk shall not accept or file any such undertaking or certificate
unless and until such post-office addresses are so shown. Every such
Approval.
undertaking or bond signed by such sureties must be approved by
said judge as to form, amount and sufficiency of surety, but not such
undertakings executed by such insurance or guarantee companies,
in which the amount of the undertaking or liability is not limited to
any specified amount or amounts, [;] such amount shall be fixed by order
of said judge at such sum as will in his opinion be sufficient to protect
all claims which it reasonably appears might be presented for pay
ment thereunder upon application of the employer showing the
character of occupation he is or is proposing to carry on, where he pro
poses to prosecute the same, the number of workmen he is or is pro
posing to employ, the average weekly earnings of such workmen,
approximately, and any other data in connection therewith such
judge may require. Such application shall be ex parte and in writing,
and the order of such judge in the premises shall be endorsed there
upon and the same shall also be filed with such clerk. Such court
may at any time either increase or decrease the amount of any such
undertaking, or require such security from any employer to whom it
has previously executed any certificate above referred to under which
such employer has been excused from giving such security. Every
contract or policy insuring against liability for compensation, or conD irectliability, tract or bond or guaranty or surety, filed as provided by this section
or entered into with any employer subject to this act, shall provide
that the insurance carrier, guarantor, or surety, as the case may be,
shall be directly and primarily liable to the workman, and in event
of his death his dependents, to pay the compensation for which the
employer is liable.
Presumption
Sec. 4. Every contract of hiring, verbal or written, made subsequent
as to contracts. tQ t^e time this act takes effect, and every such contract made previous
thereto and continued thereafter, shall be presumed to have been so
made, or so continued, as the case may be, with reference to the pro
visions of this act, and, unless there be as a part of such contract so
made or continued an express statement in writing prior to any
accident, either in the contract itself, or by written notice from either
party to the other in substance that the provisions of this act are not
intended to apply, then it shall be conclusively presumed that the
parties have accepted the provisions hereof ana have agreed to be
bound thereby and were working thereunder at the time of any such
Minors.
injury. Minors of the age of fourteen years or over shall have the same
contractual powers hereunder and shall be subject to the provisions
of this act to the same extent as adult workmen.
Remedy excluSec. 5. This act shall be construed as creating a new right and
sive*
special procedure for the enforcement of the same, and the rights and
remedies provided in this act for workmen and their dependents
coming under the terms hereof, on account of injuries suffered by
accident arising out of and in the course of employment of such
workman, shall be exclusive of all other rights and remedies of such
workman, his personal representative or dependent family, next of
kin and all other persons, at common law or otherwise; and all other
laws and parts of laws relating to, or providing, damages for injuries,
or death from injuries, or under which the same are recoverable,
otherwise than as herein provided, and which are in conflict herewith,

TEXT OF LAWS— NEW MEXICO.

729

shall not apply as to the employments, employers and workmen in
cases in which such employers and workmen are bound by this act.
S e c . 6 . No employer in any case which would otherwise be gov- Defenses abroemed by the provisions of this act who shall have elected not to be gatedbound by this act, shall, in case of any suit against him for damages
on account of injury suffered by accident or arising out of and in
course of employment of such workman be entitled to defend the
same on account (a) of the negligence of such workman having con^
tributed to the injury; ( b) that the injury was caused by the negligence
of a fellow servant; (c) that the workman had assumed the risk inherent
in or incidental to such employment or business, or arising from the
failure of the employer to provide safe premises and suitable appli
ances; which defenses are m all such cases abolished: Provided, That
such defenses shall remain only in cases where the workman is not
bound by the provisions of this act and the employer has filed the
undertaking or certificate required by section three hereof.

Sec. 7. In case an injury to. or death of, a workman results from his Compensat ion
failure to observe a statutory regulation appertaining to the safe reduced>whenconduct of his employment, or from his failure to use a safety device
provided by the employer, then the compensation otherwise payable
under this act shall be reduced by fifty per cent. In case an
injury to, or death of, a workman results from the failure of the
employer to provide the safety devices required by law then the
compensation otherwise payable under this act shall be increased by
fifty per cent.
S e c . 8 . No compensation shall become due or payable from any W illful in ten t,
employer under the terms hereof in event such injury was occasioned etc*
by the intoxication of such workman, or willfully suffered by him, or
intentionally inflicted by himself or another.
Sec. 9. Any agreement made between such employer and any such Termination of
workman to be bound by the provisions hereof may be terminated by agreements,
either party upon giving thirty days’ notice to the other in writing,
prior to any accidental injury suffered by such workman.
Sec. 10. The extrahazardous occupations and pursuits to which this Extrahazardact is applicable are as follows: Factories, mills, and workshops where ousoccuPatlonsmachinery is used; foundries, blast furnaces; mines, oil wells; gas
works; natural gas plants, waterworks; reduction works, breweries;
elevators; dredges; smelters; powder works; laundries operated by
power; quarries; engineering works; logging, lumbering and saw-mill
operations; street railways; buildings being constructed, repaired,
moved, or demolished; telephone, telegraph, electric light, or power
plants or lines; steam heating or power plants; bridge building,
railroad construction work, but shall not include railroad construction
work of any character when done by the owner or operator of any
railroad; and all employment wherein a process requiring the use of any
dangerous explosive or inflammable materials is carried on; and each of
which employments above named is hereby determined to be extrahazardous, in which from the nature, conditions, or means of prosecu
tion of the work therein required risks to the life and limb of the
workman engaged therein are inherent, necessary, or substantially
unavoidable. This act shall not apply in any case where the injury
occurred before this act takes effect, and all rights which have accrued
by reason of any such injury prior to the taking effect of this act shall
be saved the remedies now existing therefor.
Sec. 11. This act shall not be construed to apply to business or Interstate compursuits or employments which according to law are so engaged in merceinterstate commerce as to be not subject to the legislative power of
the State, nor to persons injured while they are so engaged.
S e c . 12. In this act, unless the context otherwise requires:
(a)
‘ ‘ Factories” means any premises wherein power is used in Definitions,
manufacturing, making, altering, adapting, ornamenting, finishing,
repairing or renovating any article, including expressly any brickyard,
meat-packing house, foundry, smelter ore reduction works, limeburning plant, stucco plant, steam heating plant, electric lighting or
power plant, including all work in or directly connected 'with the
construction, installation, operation, alteration, removal or repair of
wires, cables, switchboards or apparatus used for transmission of

730

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

Dependents.

electric current, and water power plant, including towers and stand
pipes, power plant, blast furnace, paper mill, printing plant, flour
mill, glass factory, cement plant, artificial gas plant, machine or
machine repair shop, salt plant, oil refinery plant, chemical manu
facturing plant, coke ovens and coal washeries.
(b) “ Workshop” means any yard, plant, premises, room, or place
where power-driven machinery is employed and manual labor is
exercised incidental to the process of making, altering, repairing,
printing, or ornamenting, finishing or adapting for sale or otherwise
any article or part of article, over which premises, room or place the
employer of the person working therein has the right of access or
control.
(c) “ Mill” means any plant, premises, room or place where machin
ery is used, any process of machinery, changing, altering or repairing
any article or commodity for sale or otherwise, together with the
yards and premises which are part of the plant, including elevators,
warehouses and bunkers, saw mill, sash factory or other work in the
lumber industry.
(d) “ Mine” means any opening in the earth for the purpose of ex
tracting iron, oil, coal or other minerals, and all underground workings,
slopes, drifts, shafts, galleries, wells and tunnels, and other ways, cuts
and openings connected therewith, including those in the course of
being opened, sunk, or driven, and includes all the appurtenant
structures or machinery at or about the openings of the mine, and any
adjoining or adjacent work place where the material from a mine is
prepared for use or shipment, including tramways, tracks, haulage
ways, loading bins and tipples.
(e) “ Quarry” means any place, not a mine, where stone, slate, clay,
sand, gravel or other solid material is extracted from the earth.
(/) Reference to any “ building work” shall be understood to in
clude any work in the erection, construction, extension, decoration,
alteration, repair or demolition of any building or structural appurte
nances, except residences and structures being built for the private
use of the owner on farms, ranches or residence lots and not under
contract.
(g) “ Engineering work” means any work in the construction, alter
ation, extension, repair or demolition of a bridge, jetty, dike, dam,
reservoir, underground conduit, sewer, oil or gas well, oil tank, gas
tank, water tank, or tower, any caisson work or work in artificially
compressed air, any work in dredging, work on log or lumber rafts or
booms; pile driving, moving safes, or in laying, repairing or removing
underground pipes and connections, the erection, installing, repairing,
or removing underground pipes and connections, the erection, install
ing, repairing, or removing of boilers, furnaces, engines and power ma
chinery (including belting and other connections) and any work in
grading or excavating where shoring is necessary or power machinery
or blasting powder, dynamite or other high explosives are in use.
(h) “ Employer” includes any person, or body of persons, corporate
or incorporate, and the legal representative of a deceased employer or
the receiver or trustee of a person, corporation, association or partnership
engaged in or carrying on for the purpose of business, trade, or gain any
of the occupations or pursuits to which this act is applicable.
(i) “ Workman” means any person who has entered into the em
ployment of or works under contract of service or apprenticeship,
with an employer, except a person whose employment is purely casual
and not for the purpose of the employer’s trade or business. The term
“ workman” shall include “ employee” and shall include the singular
and plural of both sexes.
(j ) The following persons, and they only, shall be deemed dependents
and entitled to compensation under the provisions of this act:
1. A child if under eighteen years of age, or incapable of self-support
and unmarried, actually dependent upon the deceased.
2. The widow, only if living with the deceased, or legally entitled to
be supported by him, and actually dependent, including a divorced
wife entitled to alimony and actually dependent.
3. The widower only if incapable of self-support and actually depend
ent, wholly or partially, upon the deceased at the time of her injury.

TEXT OF LAWS— 1STEW MEXICO.

731

' 4. A parent or grandparent only if actually dependent, wholly or
partially, upon the deceased.
5. A grandchild, brother or sister only if under eighteen years of
age, or incapable of Belf-support, and wholly dependent upon the de
ceased.
The relation of dependency must exist at the time of the injury.
6. Questions as to who constitute dependents, and the extent of their
dependency, shall be determined as of the date of the injury, and their
right to any death benefit shall cease upon the happening of any one of
the following contingencies:
I. Upon the marriage of the widow or widower.
II. Upon a child reaching the age of eighteen years, unless said child
at such time is physically or mentally incapacitated from earning, or
upon a dependent child becoming self-supporting prior to attaining
said age.
III. Upon the adoption of any dependent.
IV. Upon the death of any dependent.
(k) As used in this section, the term “ child” includes stepchildren,
adopted children, posthumous children, and acknowledged illegiti
mate children, but does not include married children unless depend
ent. The words “ adopted” and “ adoption” as used in this act shall
include cases where persons are treated as adopted as well as those of
legal adoption.
(I)
The words “ injuries sustained in extrahazardous occupations or injuries,
pursuits,” as used in this act, shall include death resulting from injury,
and injuries to workmen as a result of their employment and while at
work in or about the premises occupied, used or controlled by the
employer, and injuries occurring elsewhere while at work in any place
where their employer’s business requires their presence and subjects
them to extrahazardous duties incident to the business, but shall not in
clude injuries to any workman occurring while on his way to assume
the duties of his employment or after leaving such duties, the proxi
mate cause of which injury is not the employer’s negligence.
(m) Whenever in this act the term “ earnings” is used it shall be Computation of
construed to mean the average weekly earnings of the workman at or earnings*
immediately prior to the date of the injury. Such average weekly
earnings shall be computed by dividing the total earnings of such work
man during the period not exceeding one year during which he has been
employed m the same capacity by such employer, by the number of
weeks in such period. However, if the injured workman shall have
worked less than one week at the employment in which he was injured
his earnings shall be determined by the average weekly earnings of
other workmen engaged in like employment in the same locality dur
ing the preceding four weeks: Provided, That in case such earnings have
been unusually large on account of the employer’s necessity temporari
ly requiring him to pay extraordinarily high wages such average weekly
earnings shall be based upon the usual earnings in the same com
munity for labor of the kind the workman was performing at the time
of the injury. In any event the weekly compensation allowed shall
not exceed the maximum nor be less than the minimum provided in
section 17 hereof.
(n) The words “ judge” and “ court” wherever used in this act shall
be considered interchangeable in meaning wherever required from th§
context thereof or necessary for the validity of the provisions concern
ing the same.
(o)
Where any employer procures any work to be done wholly or in Contractors,
part for him, by a contractor other than an independent contractor,
and the work so procured to be done is a part or process in the trade or
business of such employer, then such employer shall be liable to pay
all compensation under this act to the same extent as if the work were
done without the intervention of such contractor; and the work so pro
cured to be done shall not be construed to be “ casual employment.”
(p) Where any employer procures any work to be done, wholly or in
part for him, by a contractor, where the work so procured to be done
is casual employment as to such employer, then such contractor shall
become the employer for the purposes of this act.

732 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 i t e d s t a t e s .
P a y m en t
of
S e c . 13. The compensation herein provided shall be paid by the
com pensation,
employer to any injured workman entitled thereto in monthly install

Notice.

Claim.

Ciaim.

ments as nearly equal as possible excepting the first installment which
shall be paid not later than thirty-one days after th e date of such injury.
Any workman claiming to be entitled under this act to compensation
from any employer on account of any injury suffered by accident arising
out of and in the course of his employment shall give notice in writing
of such accident and of such injury to such employer within two weeks
after the occurrence thereof, unless prevented by such injury or other
causes beyond his control, and, if so prevented, as soon as the same may
be reasonably done, and at all events not later than sixty days after
such accident: Provided, That no such written notice shall be requisite
where the employer or any superintendent or foreman or other agent in
charge of the work in connection with which such injury occurred had
actual knowledge of the occurrence thereof. Except m the case of such
workman being prevented from giving notice by his injuries and in case,
where no notice is required no workman failing to give such notice with
in said two weeks after such injuries occurred shall be aliowed to recover
any compensation on account of such injury under any circumstances
whatever for the period he shall remain in default in giving such notice.
In event such employer shall fail or refuse to pay the compensation
herein provided to such workmar after having received such notice, or,
without such notice when no notice is required, it shall be the duty of
such workman, insisting upon the payment thereof, to file a claim therefor in the manner and within the time hereinafter provided ^ In event
he shall either fail to give such notice within the time required, or fail
to file such claim within the time hereinafter required, his claim
for such compensation and all right to the recovery of the same and the
bringing of any legal proceeding for the recovery thereof shall be, and
hereby is, forever barred. In case of death of any workman who would,
himself, have been entitled, had such death not occurred, to recover
from such employer on account of any such injuries under the terms here
of, claim may be filed therefor on behalf of his dependents as pro
vided in section 16 hereof. In event of the failure or refusal of any
employer to pay any workman entitled thereto any installment of the
compensation to which such workman may be entitled under the terms
hereof, such workman shall be entitled to enforce the payment thereof
by filing in the office of the clerk of the district court a claim which
shall be signed and sworn to by the injured workman or some one on
his behalf before any officer authorized to administer oaths, and filed
not later than sixty days after such refusal or failure of the employer so
to pay the same. Such claim shall be informal in character and shall
set forth sufficient facts for the determination of the same and if defec
tive in any particular may be corrected by the court or by the claim
ant at any time before being heard. The following form shall be
sufficient therefor:
To the District Court o f ----------County, New Mexico, a n d ----------- ,
employer, whose postoffice address i s ----------and---------- , insurer, guar
antor, or surety, whose postoffice address i s ----------.
The undersigned hereby asks judgment for compensation under the
workmen’s compensation act of New Mexico for an injury suffered by
accident arising out of and in the course of his employment while work
ing for such employer on the — day o f--------- , at or near---------- (Here
describe place where accident occurred as nearly as possible) as a---------(Here describe capacity in which he was laboring) in the following work:
----------(Here describe character of work and structure or other thing
which he was working upon), at which time his average weekly earn
ings were $ ------ .
Such injury has caused--------- (Here insert general description of in
juries and extent of disability).
Date------ .
( S i g n ) --------------------- .
Sworn to and subscribed before me this — day o f--------- , A. D. — .
(Title.)

The clerk of such court shall furnish printed blanks in the form above
described to any such injured workman or person acting in his behalf

TEXT OF LAWS--- NEW MEXICO.

733

applying to him therefor, and upon request shall fill out such form for
him.
Upon the filing of such claims the clerk of such court shall docket the Procedure.
same, styling the workman filing same as plaintiff and the other parties
named therein as defendants, and mail certified copy of such claim with
a notice under his hand and official seal of the same having been so filed
to the employer, insurance carrier, guarantor or surety named in such
claim, who shall be allowed twenty days thereafter to answer the same
or to settle and adjust the claim thereby made by such workman. In
event, previous to the expiration of such time last named, the defend
ants, or any of them, shall file in the office of such clerk, a written final
settlement, adjustment or release signed by such plaintiff and defend
ants then and m such event a judgment shall, under order of court, be
entered of record in accordance with such settlement, and carrying the
same into effect and providing for the execution or executions to be
issued thereunder for any future payments therein provided, which
judgment may, with the approval of the court, be satisfied of record if,
by such instrument or instruments, it is shown that full payments have
already been made. At the expiration of such period of twenty days,
if no such instrument of release or satisfaction of such claim has been
filed in his office, the clerk of said court shall immediately forward or
deliver such claim to the judge of said court for hearing, together with
any answer filed therein, unless one of the parties plaintiff or defendant
thereto shall have demanded a jury trial of such cause in which event
the same shall be tried at the first term thereafter of such court at which
the same can be tried, and the hearing thereof expedited in every
possible manner.
The trial of such cause, either by jury or by court, shall be conducted
in a summary manner as far as possible. In event no such answer is
filed in the office of such clerk within the time above allowed, or if any
such answer so filed contains no denial or substantial defense to sucn
claim, or to some material part thereof, judgment shall immediately
be rendered in favor of such claimant against such employer and also
against any insurer, guarantor or surety who is liable to such workman
or to such employer for the payment thereof under the terms of the
undertaking provided for in section 3 hereof. Any such insurer, guar
antor, or surety shall be entitled to file an answer, setting up any de
fense to the claim of such workman or showing that he is not liable
therefor for any reason, in the office of such clerk within twenty days
after the filing of such claim: Provided, That before the rendition of any
such judgment, any such employer, insurer, guarantor, or surety who
has filed any answer to such claim as herein allowed, or such plaintiff,
shall be allowed a hearing upon request therefor within a short day upon
such claim and answer, at a time and place to be fixed by order of the
court, in the county where the injury occurred or upon agreement of
the parties at some other place in the district, informal notice of which
shall be mailed to each of the parties thereto by such judge addressed
to the postoffice address of each of said parties. Any proper amend
ment may be allowed by such court to either such claim or answer
thereto previous to or upon any hearing upon such terms as may be
fixed by the court. In event issue is joined upon the pleadings, such
judge may either hear the witnesses or by proper order refer such cause
to the clerk of said court, or other suitable person for the taking of the
testimony therein, who shall cause all testimony of all witnesses offered
in said cause by either of the parties to be reduced to writing and signed
and sworn to by such witnesses, first having mailed notice to each of
said parties addressed to the postoffice address of each thereof, respec
tively, of the time and place for taking such testimony. Upon con
clusion of such testimony the clerk shall forward or deliver the same to
the judge of said court who shall consider the same as soon as may be,
and upon such consideration shall cause judgment to be rendered in
accordance with the merits of said cause, first having given the parties
an opportunity to appear and be heard, if either thereof shall request
the same in writing previous to the rendition of such judgment.
Subpoenas shall be issued by the clerk of said court upon demand of
either party, requiring the appearance and testimony of witnesses be
fore him or any person appointed by the court at the time and place

734

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

fixed for the taking of such testimony, and the parties suing out the
same may serve, or cause the same to be served upon said witnesses in
the manner required for serving subpoenas in civil cases, and the
attendance and testimony of such witnesses in answer to such subpoenas
shall be required, and such witnesses punished for failure therein, as in
other cases.
Costs.
No costs shall be charged, taxed, or collected by the clerk, except fees
for witnesses who shall attend upon such subpoenas, who shall be
allowed the same fees for attendance and mileage as is fixed by law in
civil actions, and such per diem to such clerks, or the person appointed
by the court for the taking of such testimony, as may be allowed by such
court, not to exceed five dollars per day, and the fees and per diem of
any physician directed by the court to make an examination of the
workman injured, not exceeding five dollars for such examination and
the same fees and mileage as allowed other witnesses.
W hen claim s
S e c . 14. In event an employer has failed or neglected to file in the
may be tiled.
0fiiCe of the clerk of the district court the bond or other undertaking or
certificate of court which, as provided, relieves him from the necessity
of giving the same, such claim may be filed in the office of the clerk of
any county where the injury occurred or where claimant or such em
ployer resides, as the claimant may elect, the procedure had before such
court, or the judge thereof, and notice thereof mailed by the clerk to the
employer, at his last known postoffice address, or notice may be given
thereto in any other manner now provided by law for notice in civil
actions.
Judgments.
S e c . 15. All judgments shall be against such employer, insurer,
guarantor, and sureties liable therefor, and each thereof, for the amount
then due, and shall also contain therein an order upon such employer
for the payment of such workman of the further amounts at regular
intervals on dates therein fixed as herein provided during the continu
ance of such disability as he may be entitled to hereunder, and such
judgment shall be so framed as to accomplish the purpose and intent of
this act in all particulars, and in addition to executions for any amount
already due in such judgment, executions for amounts to become due
in the future on account of such disability shall be issued by the clerk
of said court at any time after the time provided in the judgment for the
payment thereof in event the workman shall file his affidavit with the
clerk that the same is unpaid and that his disability still continues,
unless application shall have, previous to the issuance of such execu
tion, been made and filed with said clerk by some one of the parties
against whom said judgment has been rendered for the appointment of
a physician, in accordance with section 19 hereof, for the purpose of
examination of said workman, in which event the issuance of such
execution shall await the further order of the court in the premises.
Any and all such judgments rendered and executions issued hereunder
shall have the same force and effect and be governed by the laws of this
State as judgments or executions in civil cases. In case any such judg
ment or execution is paid or satisfied by, or collected from, any one of
such defendants, where, by the terms of the agreement of insurance,
guaranty or surety, or in pursuance of any understanding between the
parties thereto the same should have been paid or satisfied by any other
of the parties thereto, such party so paying the same shall have judg
ment over in the same case against the party, who, under such agree
ment, should have paid the same, upon application therefor made
within ninety days after the payment or the collection from him of the
same, upon notice given to such party against whom such judgment
over is sought in the same way and upon the same time fixed for the
hearing of motions by the laws of this State. In any case where the
employer has failed to file the undertaking or certificate required by
section 3 hereof, the court shall have power to enforce compliance with
any judgment or order granted in such case, by proceedings in con
tempt against the party failing or refusing to comply therewith.
R eview
Any final order made or judgment rendered by the court pursuant
to the provisions of this act shall be reviewable by the supreme court
of the State upon appeal or writ of error in the manner prescribed for
other cases, except that said cause shall be advanced on the calendar
and disposed of as promptly as possible. In case such cause is taken

TEXT OF LAWS--- NEW MEXICO.

735

to the supreme court by the workman, or the person appointed by the
court to act on behalf of the dependents, he shall be entitled to the
record of the hearing and proceedings in said cause, and all papers on
file in the office of the clerk of the district court, to be prepared, tranBcribed, certified, and forwarded by said clerk to the clerk of the
supreme court, without cost to the injured workman: Provided, That the
depositions of witnesses testifying before the clerk or persons appointed
by the court may be used and so forwarded, where required, instead of
the transcript thereof, but if so used the same shall be returned to the
clerk of said court upon conclusion of consideration of such case by the
supreme court. No docket fee or other costs shall be charged such
workman or representative on any such appeal or writ of error, nor shall
he be required to furnish printed briefs or records. The supreme court
shall have power to make rules governing; procedure on such appeals.
Sec. 16. In event any injury from accident arising out of and in the Claims on ac*
course of the employ ment of a workman should result in and be the count of death,
proximate cause of his death and he should leave surviving him any
dependents, as herein defined, entitled to compensation under the
terms hereof payment thereof may be received or claim therefor filed
by such person as the court may authorize or permit, on behalf of the
beneficiaries entitled thereto, and such claim shall be filed and answer
made thereto and other procedure had as in cases filed by injured work
men: Provided, That no claim shall be filed or suit brought to recover
such compensation unless claim therefor be filed within one year after
the date of such injury.
Sec. 17 (as amended by ch. 44, acts of 1919). No compensation shall w h a t injuries
be due or payable under this act for any injury which does not result in compensable,
either the temporary disability of the workman lasting for more than
fourteen days or in his permanent disability or permanent injury, as
herein described, or death, but for any such injury for which compensa
tion is payable under this act, the employer shall in all proper cases, as
herein provided, pay to the injured workman or to some person author- C om pensation
ized by the court to receive the same, for the use and benefit of the paym ents,
beneficiaries entitled thereto, compensation at regular intervals of not
more than thirty-one days apart, in accordance with the following
schedule, less proper deduction on account of default in failure to give
notice of such injury as required in section thirteen hereof :
(a) For total disability the workman shall receive fifty per centum Total disabiiof his earnings, not to exceed a maximum compensation of twelve it;ydollars per week, nor be less than a minimum of six dollars per week:
Provided, That if at the time of injury the workman receives earnings
of less than six dollars per week then he shall receive the full amount
of such earnings per week to be paid during the period of such disability,
not, however, for more than five hundred and twenty weeks.
In case death proximately results from the injury within the period Death,
of one year, compensation shall be in the amounts, and to the persons
following:
(1) If there be no dependents, the compensation shall be limited to
the funeral expenses not to exceed seventy-five dollars and the ex
penses provided for medical and hospital services for deceased,
together with such other sums as deceased may have been paid for
disability.
(2) If there are dependents at the time of the death, the payment
shall consist of not to exceed seventy-five dollars for funeral expenses
and the percentage hereinafter specified of the average weekly earn
ings, subject to the limitations of this act, to continue for the period of
three hundred weeks from the date of the injury of such workman.
If there be dependents entitled thereto, such compensation shall be
paid to such dependents or to person appointed by the court to receive
the same for the benefit of such dependents in such portions and
amounts as the court, bearing in mind the necessities of the case and the
best interests of such dependents and of the public, may determine,
to be computed on the following basis, and distributed to the fol
lowing persons:
1.
To the child or children, if there be no widow or widower entitled
to compensation, twenty-five per centum of earnings of deceased with

736

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

ten per centum additional lor each child in excess of two, with a maxi
mum of sixty per centum to be paid to their guardian.
2. To the widow or widower, if there be no children, forty per centum
of earnings, not to exceed a maximum compensation of twelve dollars
per week.
3. To the widow or widower, if there be one child, forty-five per
centum of earnings.
4. To the widow or widower, if there be two children, fifty per
centum of earnings.
5. To the widow or widower, if there be three children, fifty-five per
centum of earnings.
6. To the widow or widower, if there be four or more children, sixty
per centum of earnings.
7. If there be neither widow, widower, nor children, then to the
father and mother, or the survivor of them, if dependent to any extent
upon the workman for support at the time of his death, twenty per
centum of earnings.
8. If there be neither widow, widower, children, nor dependent
parent, then to the brothers and sisters, if actually dependent to any
extent upon the decedent for support at the time of his death, fifteen
per centum of earnings for one brother or sister, and five per centum
additional for each additional brother or sister, with a maximum of
twenty-five per centum; such compensation to be paid to their guar
dian: Provided, That the maximum compensation to partial depend
ents shall not exceed the respective amounts theretofore contributed
by the deceased workman.
The earnings upon which death compensation shall be based shall
not, in any case, be taken to exceed thirty dollars per week, nor less
than twelve dollars per week, except where the earnings are less than
twelve dollars per week, and in that case upon the amount of earnings.
Partial disabil(&) For disability partial in character but permanent in quality,
lty>
such compensation shall be measured by the extent of such disability.
In the following cases the compensation shall be fifty per cent of the
earnings of such workman, subject to the limitations of this act, as to the
maximum and minimum payments as provided in paragraph (a) of this
section.
For the loss of—

Schedule.

One arm at or near shoulder, dextrous member................... 150 weeks
One arm at elbow, dextrous member..................................... 140 weeks
One arm between wrist and elbow, dextrous member........130 weeks
One arm at or near shoulder, nondextrous member........... 140 weeks
One arm at elbow, nondextrous member.............................. 130 weeks
One arm between wrist and elbow, nondextrous member.. 120 weeks
One hand, dextrous member................................................... 110 weeks
One hand, nondextrous member......................................... .. 100 weeks
One thumb and the metacarpal bone thereof........................ 50 weeks
One thumb at the proximal joint........................................... 30 weeks
One thumb at the second distal joint..................................... 20 weeks
One first finger and the metacarpal bone thereof.................. 25 weeks
One first finger at the proximal joint..................................... 20 weeks
One first finger at the second joint.......................................... 15 weeks
One first finger at the distal joint........................................... 10 weeks
One second finger and the metacarpal bone thereof............. 20 weeks
One second finger at the proximal joint................................. 15 weeks
One second finger at the second joint.................................... 10 weeks
One second finger at the distal joint.......................................
5 weeks
One third finger and the metacarpal bone thereof................ 15 weeks
One third finger at the proximal joint.................................... 10 weeks
One third finger at the second joint.......................................
8 weeks
One third finger at the distal joint..........................................
4 weeks
One fourth finger and the metacarpal bone thereof.............. 12 weeks
One fourth finger at the proximal joint..................................
9 weeks
One fourth finger at the second joint.....................................
6 weeks
One fourth finger at the distal joint........................................
3 weeks
Loss of all fingers on one hand where thumb and palm
remains................................................................................... 55 weeks

. TEXT OF LAWS— NEW MEXICO.

737

One leg at or so near hip joint as to preclude the use of an
artificial lim b.......... ............ - ...............................................140 weeks
One leg at or above the knee where stump remains sufficient
to permit the use of an artificial limb................................. 120 weeks
One leg between knee and ankle............................................110 weeks
One foot at the ankle............................................................... 100 weeks
One great toe with the metatarsal bone thereof......... - ......... 30 weeks
One great toe at the proximal joint.................................. .
15 weeks
One great toe at the second join t............................................ 10 weeks
One toe other than the great toe with the metatarsal bone
,thereof. . . .*........................................................................... . 12 weeks
One toe other than the great toe at the proximal joint........ ’ 6 weeks
One toe other than the great toe at second or distal join t...
3. weeks
Loss of all toes of one foot at proximal joint.......................... 35 weeks
One eye by enucleation........................................................... 110 weeks
Total blindness of one eye....................................................... 100 weeks
Total deafness in one ear......................................................... 35 weeks
Total deafness in both ears...................................................... 135 weeks
If any workman is seriously permanently disfigured about the face Disfigurement
or head the court may allow such additional sum for compensation on
account thereof as it may deem just, not exceeding five hundred ($500)
dollars.
When by reason of infection or other cause not due to neglect or mis- Infection,
conduct of the injured workman he is actually disabled longer than
the time specified in the foregoing schedule from earning wages, com
pensation shall be paid such workman for such loss of wages within the
limits otherwise provided.
For the purpose of this schedule, permanent and complete paralysis Paralysis,
of any member as the proximate result of an accidental injury shall be
deemed equivalent to the loss thereof.
The loss of both hands, or both arms, or both feet, or both legs, or Total disabilboth eyes, or any two thereof in the absence of conclusive proof to the y*
contrary, shall constitute total disability, permanent in character:
Provided, That the employer shall not be liable for compensation for
total disability if 4he loss of one arm, foot, leg, or eye occurred prior to
such accident, but in that event compensation shall be paid only in
accordance with the schedule herein for partial disabilities, but the
definitions of total disability contained in this paragraph shall not be
exclusive of other cases of total disability.
In all other cases in this class, or where the usefulness of a member
or any physical function is permanently impaired, the compensation
shall bear such relation to the amounts stated in the above schedule as
the disabilities bear to those produced by the injuries named in the
schedule.
A workman, in order to be entitled to compensation for a hernia, Hernia,
must clearly prove: (1) That the hernia is of recent origin; (2 ) that its
appearance was accompanied by pain; (3) that it was immediately
preceded by some accidental strain suffered in the course of the employ
ment, and (4) that it did not exist prior to the'date of the alleged injury.
If a workman, after establishing his right to compensation for hernia
as above provided, elects to be operated upon, a special operating fee of
not to exceed seventy-five dollars shall be paid by the employer or his
or its insurer. In case such workman elects not to be operated upon
and the hernia becomes strangulated in the future, the results from such
strangulation shall not be compensated.
Sec. 18 (as amended by ch. 44, acts of 1919). No compensation shall Waiting time,
be allowed for the first fourteen days after injury is received, nor in any
case unless the employer has actual knowledge of the injury or is noti
fied thereof within the period specified in section thirteen hereof.
During the first fourteen days after the injury the employer shall Medical, etc.,
furnish reasonable surgical, medical, and hospital services and medi- aidcine, as and when needed, not to exceed fifty dollars in value, unless
the workman refused to allow them to be furnished by the employer.
In case, however, the employer has made provisions for and has at the
service of the workman at the time of the accident or subsequent thereto
during disability, adequate surgical, hospital and medical facilities and
177982°—21— Bull. 272------ 47+48

738

w o r k m e n ’s c o m p e n s a tio n la w s o f t h e u n it e d s t a t e s .

attention, whether such facilities and attention are provided by the
employer gratis, or are in whole or in part provided under any plan in
force between the employer and the workman, then the employer shall
be under no obligation to furnish during said first fourteen days after
the injury any other or additional surgical, medical, or hospital services
or medicines than those so provided.
Orderofawards. Compensation for all classes of injuries shall run consecutively and
not concurrently, as follows:
First fourteen days surgical, medical, and hospital services and medi
cines, as provided in this paragraph. After the first fourteen days
compensation during temporary disability. Following both, either or
none of the above, compensation consecutively for each permanent
injury. Following any or all or none of the above, if death results from
the accident, funeral expenses as hereinbefore provided, following
which compensation to dependents, if any.
Medical exami- Sec. 19. Whenever, in the case of injury, the right to compensation
nations.
under this act exists in favor of a workman, he shall, upon written re
quest of his employer, or any insurer, guarantor, or surety named in any
undertaking filed in accordance with section three hereof, submit him
self from time to time to examination by a physician or surgeon duly
authorized to practice medicine under the laws of this State, who shall
be provided and paid for by such^ person so making such request, and
shall likewise submit to examination from time to time by any regular
physician selected by the court. The workman shall be entitled to
nave a physician provided and paid for by himself present at any such
examination. So long as the workman, after such written request of the
employer or insurer, shall refuse to submit himself to such examina
tion, or shall in any way obstruct the same, his right to collect or to
bring or to maintain any proceeding for the collection of compensation
shall be suspended; and if he shall refuse to submit to such examina
tion after direction by the court, or any examiner thereof, or shall in any
way obstruct the same, his right to compensation which would other
wise accrue and become payable during the period of such refusal or
obstruction shall be barred.
Refusing treatIf any workman shall persist in insanitary or injurious practice
ment.
which tends to imperil or retard his recovery or shall refuse to submit to
such medical or surgical treatment as is reasonably essential to promote
his recovery, the court may in its discretion reduce or suspend his com
pensation. Any physician who shall make, or be present at, any such
examination may be required to testify as to the result thereof. Any
physician having attended any workman in a professional capacity
may be required to testify before the court when it shall direct and any
communication made by such workman to such physician at such
examination shall not be considered privileged.
Attachment,
Sec. 20. Compensation shall be exempt from claims of creditors and
etc.
from any attachment, garnishment, or execution, and shall be paid
only to such workman or his personal representative, or such other per
sons as the court may, under the terms hereof, appoint to receive or
Alien depend- collect the same. No cktim or judgment for compensation under this
entsact shall accrue to or be recovered by relatives or dependents not resi
dents of the United States at the time of the injury of such workman.
Safety laws.
Sec. 21. Nothing in this act contained shall repeal any existing law
providing for the installation or maintenance of any device, means, or
method for the prevention of accidents in extra-hazardous work.
Fees.
Sec. 22. It shall be unlawful for any person or any number of per
sons acting together or separately or in any way, including attorneys,
agents, interpreters, and all other persons, to receive or agree to receive
either directly or indirectly from any beneficiary or beneficiaries under
this act, for services rendered or to be rendered, either jointly or
separately, in relating [relation] to procuring any benefit or benefits un
der this act, any sum or sums aggregating more than five per centum of
the whole^ amount received or to be received by such beneficiary or
beneficiaries on account of injuries to any workman. Every person
violating or concerned in the violation of the provisions of this section
shall be guilty of a misdemeanor, and upon conviction thereof shall
be fined not less than fifty dollars nor more than five hundred dol
lars, to which may be added imprisonment in the county jail for a
term not exceeding ninety days.

TEXT OF LAWS— NEW MEXICO.

739

S e c . 23. It shall be the duty of the workman, at the time of his em- Medical examiployment or thereafter at the request of the employer, to submit him- nation,
self to examination by a physician or surgeon duly authorized to prac
tice medicine in the State, who shall be paid by the employer, for the
purpose of determining his physical condition.
It shall also be the duty of the workman, if required, to give the Names of de
names, addresses, relationship, and degree of dependency of his de- pendents,
pendents, if any, or any subsequent change thereof, to the employer,
and when the employer or his insurance carrier shall require, the work
man shall make a detailed verified statement relating to such depend
ents, matters of employment, and other information incident thereto.
S e c . 24. Any workman awarded compensation for disability under Examinations
this act shall, previous to the falling due of any installment of com- of beneficiaries,
pensation provided for in the judgment therefor upon the order of the
court, if requested by his employer, or any other person bound by judg
ment therefor, submit himself to medical examination by a physician
licensed to practice medicine in this State, at a place within this State
designated by the person so demanding and which shall be reasonably
convenient for the workman, and said workman may have a licensed
physician present of his own selection. The purpose of such examina
tion shall be to determine whether the workman has recovered so
that his earning power at any kind of work is restored, and the court
shall be empowered to hear evidence upon such issue and hearing.
If it be discovered by such examination and hearing that diminution
or termination of disability has taken place the court shall order dim
inution or termination of payments of compensation as the facts may
warrant. If the workman m such case refuses to submit to such exami
nation or obstructs the same, his right to monthly payments shall be .
suspended until such examination has taken place, and no compensa
tion shall be payable during such period of refusal.
The district court in which the right to compensation provided Power of courts,
herein is enforceable shall at all times have the right and power to
authorize, direct, or approve any settlement or compromise of any
claim for compensation hereunder by any injured workman or his per
sonal representative or dependents, or any person appointed by the
court to receive payment of the same, for such amount and payable in
installments or lump sum or in such other way and manner as the
court may approve.
The right of any workman, or, in case of his death, of those entitled L i a b i l i t y of
to receive payment or damages for injuries occasioned to him by the third persons,
negligence or wrong of any person other than the employer as herein
defined, shall not be affected by this act, but he or they, as the case may
be, shall not be allowed to receive payment or recover damages therefor
and also claim compensation from such employer hereunder, and in
such case the receipt of compensation from such employer hereunder
shall operate as an assignment to the employer, his or its insurer, guar
antor, or surety, as the case may be, or any cause of action, to the extent
of the liability of such employer to such workman occasioned by such
injury which the workman or his legal representative or others may
have against any other party for such injuries or death.
Any employer who shall fail in any case covered by this act to file Failure to guarundertaking of insurance, guaranty, or security for the payment of com- antee payments,
pensation which may become due to the injured workman from him
hereunder, or, in lieu thereof, the certificate of the judge as herein pro
vided within the time herein required, shall be deemed guilty of a mis
demeanor and shall be punishable by a fine [of] not more than one thou
sand dollars for any such offense.
In case for any reason any section, paragraph, clause, or provi- Provisions sevsion of this act shall be held to be unconstitutional or invalid, the same erable.
shall not be held to affect any other section, paragraph, clause, or pro
vision hereof, which can, without the same, be administered and en
forced in substantial compliance with the general intent hereof; except
that sections two and six hereof are hereby declared to be inseparable,
and if either of the said two sections be declared void or inoperative in
an essential part, then this act shall be aad be held to be void and
inoperative.
Approved March 13, 1917.

NEW YORK.
CONSTITUTION.
A r tic le

1.—Safety of workmen— Compensation for injuries.

19. Nothing contained in this constitution shall be con
strued to limit the power of the legislature to enact laws for the pro
tection of the lives, health, or safety of employees; or for the payment,
either by employers, or by employers and employees or otherwise,
either directly or through a State or other system of insurance or otherC om pensation wise, of compensation for injuries to employees or for death of emsystem .
ployees resulting from such injuries without regard to fault as a cause
thereof, except where the injury is occasioned by the willful intention
of the injured employee to bring about the injury or death of himself or
of another, or where the injury results solely from the intoxication of
the injured employee while on duty; or for the adjustment, determina
tion, and settlement, with or without trial by jury, of issues which
may arise under such legislation; or to provide that the right of such
compensation and the remedy therefor shall be exclusive of all other
E xclusive rem- rights and remedies for injuries to employees or for death resulting
edy.
from such injuries; or to provide that the amount of such compensation
for death shall not exceed a fixed or determinable sum: Provided, That
all moneys paid by an employer to his employees or their legal repre*sentatives, by reason of the enactment of any of the laws herein author
ized, shall be held to be a proper charge in the cost of operating the
business of the employer.
Adopted November 4, 1913.
Safety laws.

S e c tio n

CONSOLIDATED LAWS.
C h a p t e r 67 ( a d d e d b y c h a p t e r 4 1 , a c t s

o f 1 9 1 4 ) . — Compensation

workmen for injuries.8
Article 1.
1. This chapter shall be known as the “ Workmen’s Com
pensation Law.”
S e c . 2 (as amended by acts of 1916, 1917, 1918). Compensation pro
vided for in this chapter shall be payable for injuries sustained or
death incurred by employees engaged m the following hazardous em
ployments:
Hazardous emGroup 1. The operation, including construction and repair, of railploym ents.
ways operated by steam, electric, or other motive power, street rail
ways, and incline railways, but not their construction when constructed
by any person other than the company which owns or operates the
railway, including work of express, sleeping, parlor, and dining car
employees on railway trains.
Group 2. Construction, repair, and operation of railways not included
in group one.
Group 3. The operation, including construction and repair, of car
shops, machine shops, steam and power plants, and other works for the
purposes of any sucn railway, or used or to be used in connection with
it when operated, constructed, or repaired by the company which
owns or operates the railway.
Group 4. The operation, including construction and repair, of car
shops, machine shops, steam and power plants, not included in group
three.
T itle.

S e c tio n

8 This statute was first enacted as chapter 816, acts of 1913, being approved b y the
governor on Dec. 16. It was reenacted w ith amendments as here given, the reenactment
being due to doubts as to the constitutionality of the original enactm ent, the amendment
to the constitution not being in effect until Jan. 1,1914.

TEXT OF LAWS— NEW YOBK.
Group 5. The operation, including construction and repair, of tele
phone lines and wires for the purposes of the business of a telephone
company, or used or to be used in connection with its business, when
constructed or operated by the company.
Group 6 . The operation, inducting construction and repair, of tele
graph lines and wires for the purposes of the business of a telegraph
company, or used or to be used in connection with its business, when
constructed or operated by the company.
Group 7. Construction or repair of telegraph and telephone lines not
included in groups five and six.
Group 8 . The operation, within or without the State, including
repair of vessels other than vessels of other States or countries used in
interstate or foreign commerce, when operated or repaired by the com
pany; marine wrecking.9
Group 9. Shipbuilding, including construction and repair in a ship
yard or elsewhere, not included in group eight.9
Group 10. Longshore work, including the loading or unloading of
cargoes or parts of cargoes of grain, coal, ore, freight, general merchan
dise, lumber, or other products or materials, or moving or handling the
same on any dock, platform, or place, or in any warehouse or other
place of storage.9
Group 11. Dredging, subaqueous or caisson construction or repair,
and pile driving.
^Group 12. Construction, installation, repair, or operation of electric
light and electric power lines, dynamos, or appliances, and power
transmission lines.
Group 13. Paving; road building, curb and sidewalk construction
or repair; sewer and subway construction or repair, work under com
pressed air, excavation, tunneling and shaft sinking, well digging,
laying and repair of underground pipes, cables, and wires not included
in other groups; street cleaning, ashes, garbage, or snow removal;
operation of waterworks.
Group 14. Lumbering, except operations solely for the production
of firewood in which not more than four persons are engaged by a
single employer; logging, river driving, rafting, booming, sawmills,
bark mills, sningle mills, lath mills, lumber yards; manufacture of
veneer and of excelsior; manufacture of barrels, kegs, vats, tubs,
staves, spokes, or headings.
Group 15. Pulp and paper mills.
Group 16. Manufacture of furniture, interior woodwork, organs,
pianos, piano actions, canoes, small boats, coffins, wicker and rattan
ware; upholstering; manufacture of mattresses or bed springs.
Group 17. Planing mills, sash and door factories, manufacture of
wooden and corrugated paper boxes, cheese boxes, moldings, window
and door screens, window shades, carpet sweepers, wooden toys, wooden
articles and wares or baskets; cork cutting.
Group 18. Mining; reduction of ores and smelting; preparation of
metals or minerals; oil and gas wells.
Group 19. Quarries; sand, shale, clay, or gravel pits; limekilns;
manufacture of brick, tile, terra cotta, asbestos, fireproofing, or paving
blocks; manufacture of calcium carbide, cement, asphalt, or paving
material; stone crushing or grinding.
Group 20. Manufacture of glass, glass products, glassware, porcelain,
or pottery.
Group 21. Iron, steel, or metal foundries; rolling mills; manufacture
of castings, forgings, heavy engines, locomotives, machinery, safes,
anchors, cables, rails, shafting, wires, tubing, pipes, sheet metal, boilers,
furnaces, stoves, structural steel, iron, or metal; machine shops, in
cluding repairs.
Group 22 . Operation and repair of stationary engines and boilers,
freight and passenger elevators not included in other groups; window
cleaning; heating and lighting.
Group 23. Manufacture of small castings or forgings, metal wares,
instruments, utensils, and articles, hardware, nails, wire goods, screws,
• Groups 8 , 9, and 10 are invalid classifications in so far as th ey encroach upon ad
m iralty or maritime jurisdiction (Knickerbocker Ice Co. v. Stewart, 40 Sup. Ct. 438).

742

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.
bolts, metal beds, sanitary, water, gas, or electric fixtures, light ma
chines, typewriters, cash registers, adding machines, carriage mount
ings, bicycles, metal toys, tools, cutlery, instruments, photographic
cameras and supplies, sheet-metal products, buttons; jewelry; gold,
silver, and platea ware; articles of bone, ivory, and shell.
Group 24. Manufacture of agricultural implements, thrashing
machines, traction engines, wagons, carriages, sleighs, vehicles, auto
mobiles, motor trucks, toy wagons, sleighs, or baby carriages; black
smiths, horseshoers.
Group 25. Manufacture of explosives and dangerous chemicals, cor
rosive acids or salts, ammonia, gasoline, petroleum, petroleum products,
celluloid, gas; charcoal, artificial ice, gunpowder or ammunition; ice
harvesting, ice storage, and ice distribution.
Group 26. Manufacture of paint, color, varnish, oil, japans, turpenld other ink, printers’ rollers, tar, tarred, pitched, or
tilleries, breweries; manufacture of spirituous or malt
liquors, alcohol, wine, mineral water or soda water; bottling.
Group 28. Manufacture of drugs and chemicals, not specified in
group twenty-five, medicines, dyes, extracts, pharmaceutical or toilet
preparations, soaps, candles, perfumes, noncorrosive acids or chemical
preparations, fertilizers, including garbage or sewerage disposal plants;
shoe blacking or polish.
Group 29. Milling; manufacture of cereals or cattle foods, ware
housing; storage of all kinds and storage for hire; operation of grain
elevators.
Group 30. Packing houses, meat markets, abattoirs, manufacture or
preparation of meats or meat products or glue, gelatine, paste, or wax.
Group 31. Tanneries.
Group 32. Furriers; manufacture of leather goods and products, belt
ing, saddlery, harness, trunks, valises, boots, shoes, gloves, umbrellas,
rubber goods, rubber shoes, tubing, tires, or hose.
Group 33. Canning or preparation of fruit, vegetables, fish, or food
stuffs; pickle factories and sugar refineries; manufacture of dairy
products.
Group 34. Hotels having 50 or more rooms; bakeries, including man
ufacture of crackers and biscuits, manufacture of confectionery, spices,
or condiments.
Group 35. Manufacture of tobacco, cigars, cigarettes, or tobacco
products.
Group 36. Manufacture of cordage, ropes, fiber, brooms, or brushes;
manila or hemp products.
Group 37. Flax mills; manufacture of textiles or fabrics, spinning,
weaving, and knitting manufactories; manufacture of yarn, thread,
hosiery, cloth, blankets, carpets, canvas, bags, shoddy, or felt.
Group 38. Manufacture of men’s or women’s clothing, white wear,
shirts, collars, corsets, hats, caps, furs or robes, or other articles from
textiles or fabrics.
Group 39. Power laundries; dyeing, cleaning, or bleaching.
Group 40. Printing, engraving, photo-engraving, stereotyping, elec
trotyping, lithographing, embossing; manufacture of moving-picture
machines and films; manufacture of stationery, paper, cardboard boxes,
bags, or wall paper; and bookbinding.
Group 41. The operation, otherwise than on tracks, on streets, high
ways, or elsewhere of cars, trucks, wagons, or other vehicles, and rollers
and engines, propelled by steam, gas, gasoline, electric, mechanical,
or other power or drawn by horses or mules; public garages, livery,
boarding, or sales stables; movers of all kinds.
Group 42. Stone cutting or dressing; marble works; manufacture of
artificial stone; steel building and bridge construction or repair; in
stallation or repair of elevators, fire escapes, boilers, engines, or heavy
machinery; bricklaying, tile laying, mason work, stone setting, con
crete work, plastering; and manufacture of concrete blocks; structural
carpentry; painting, papering, picture hanging, glazing, decorating, or
renovating; sheet-metal work; roofing; construction, repair, and de
molition of buildings, bridges, and other structures; salvage of build
ings or contents; plumbing, sanitary lighting or heating installation or

T E X T

O F

L A W S ---- N E W

Y O R K .

743

repair; installation and covering of pipes or boilers; junk dealers,
theatrical stage carpenters, property men, electricians, stage hands,
fly-men, lamp operators, and moving-picture machine operators.
Group 43. Any employment enumerated in the foregoing groups and Public employcarried on by the State or a municipal corporation or other subdivision ™fit! n0t f° r
thereof, notwithstanding the definition of the term “ employment” in
subdivision five of section three of this chapter.
Group 44. Employment as a keeper, guard, nurse or orderly in a
prison, reformatory, insane asylum or hospital maintained or operated
by the State or municipal corporation or other subdivision thereof,
notwithstanding the definitions of the terms “ employment,” “ em
ployer,” or “ employee,” in subdivision five of section three of this
chapter.
Group 45.10 Employment as a district forest ranger, forest ranger,
observer, chief railroad inspector, forester, land appraiser, surveyor,
assistant on survey, engineer, or assistant on construction work, by the
State, notwithstanding the definitions of the terms “ employment,”
“ employer, ” or “ employee” in subdivision five of section three of this
chapter.
Group 45.10 All other employments not hereinbefore enumerated Eour or more
carried on by any person, firm, or corporation in which there are on- w men'
gaged or employed four or more workmen or operatives regularly, in the
same business or in or about the same establishment, either upon the
premises or at the plant or away from the plant of the employer, under
any contract of hire, express or implied, oral or written, except farm
laborers and domestic servants.
Any employer not carrying on one of the employments enumerated Election in non
in this section, or who carrying on one of such employments has in his payments! 6m"
employ an employee not included within the term “ employee” as de
fined by section three of this chapter, and the employees of any such
employer may, by their joint election, elect to become subject to the
provisions of this chapter in the manner hereinafter provided. Such
election on the part of the employer shall be made by posting notices
thereof about the place where the workmen are employed, in a manner
to be prescribed by rules to be adopted by the commission, and by
filing with the commission a written statement, in a form to be pre
scribed by the commission, to the effect that he accepts the provisions
of this chapter and that he adopts subject to the approval of the commis
sion one of the methods of securing compensation to his employees
prescribed in section fifty of this chapter which, when so filed with and
approved by the commission as to form and method of securing com
pensation shall operate to subject him to the provisions of this chapter
and of all acts amendatory thereof for the period of one year from the
date of such approval, and thereafter without further act on his part for
successive terms of one year each, unless such employer shall, at least
sixty days prior to the expiration of such first or any succeeding year, file
with the commission a notice in writing that he withdraws his election.
Any employee in the service of any such employer shall be deemed
to have accepted, and shall be subject to the provisions of this chapter
and any act amendatory thereof, if, at the time of the accident for
which liability is claimed, the employer charged with such liability
has not withdrawn his election and the employee shall not at the time
of entering into his contract of hire have given to his employer notice in
writing that he elects not to be subject to the provisions of this chapter
and filed a copy thereof with the commission, or in the event that such
contract for hire was made in advance of the election of the employer,
such employee shall not have given to his employer and filed with the
commission within twenty days after such election notice in writing that
he elects not to be subject to such provisions.
A minor employee shall be deemed sui juris for the purpose of making
such an election.
The rights and remedies, benefits, and liabilities of an employer or
employee so electing to become subject to the provisions of this chapter
Bhall thereupon become the same as they would have been had they
been engaged in one of the occupations or employments enumerated

i®As numbered; added by separate acts.

744

Definitions.

’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 .

herein and the words employer and employee wherever they appear
in this chapter shall be construed as including an employer or employee
who has so elected to become subject to its provisions.
gEC. 3 (as amended by acts of 1914, 1916, 1917). As used in this
chapter, 1. “ Hazardous employment ” means a work or occupation de
scribed in section two of this chapter.
2. “ Commission ” means the State industrial commission, as con
stituted by this chapter.
3. “ Employer,” except when otherwise expressly stated, means a
person, partnership, association, corporation, and the legal repre
sentatives of a deceased employer, or the receiver or trustee of a person,
partnership, association, or corporation, employing workmen m haz
ardous employments, including the State and a municipal corporation
or other political subdivision thereof.
4. “ Employee” means a person engaged in one of the occupations
enumerated in section two or who is in the service of an employer whose
principal business is that of carrying on or conducting a hazardous
employment upon the premises or at the plant, or in the course of his
employment away from the plant of his employer; and shall not include
farm laborers or domestic servants.
5. “ Employment” includes employment only in a trade, business,
or occupation carried on by the employer for p ecu n ia r gain, or in con
nection therewith except where the employer and his employees have
by their joint election elected to become subject to the provisions of
this chapter as provided in section two.
6 . “ Compensation” means the money allowance payable to an em
ployee or to his dependents as provided for in this chapter, and includes
funeral benefits provided therein.
7. “ Injury” and “ personal injury” mean only accidental injiuries
arising out of and in the course of employment and such disease or infec
tion as may naturally and unavoidably result therefrom.
8 . “ Death ” when mentioned as a basis for the right to compensation
means only death resulting from such injury.
9. “ Wages” means the money rate at which the service rendered is
recompensed under the contract of hiring in force at the time of the
accident, including the reasonable value of board, rent, housing, lodg
ing, or similar advantage received from the employer.
10. “ State fund” means the State insurance fund provided for in
article five of this chapter.
11. “ Child” shall include a posthumous child and a child legally
adopted prior to the injury of the employee, and a stepchild dependent
upon the deceased.
12. “ Insurance carrier” shall include the State fund, stock corpora
tions, or mutual associations with which employers have insured, and
employers permitted to pay compensation directly under the pro visions
of subdivision three of section fifty.
13. “ Manufacture, ” “ construction, ” “ operation, ’ ’ and ‘ ‘ installa
tion” shall include “ repair,” “ demolition,” and “ alteration,” and
shall include all work dome in connection with the repair of plants,
buildings, grounds, and approaches of all places where any of the
hazardous employments are being carried on, operated, or conducted.
Article 2.

C om pensation
payable, w hen,

10. Every employer subject to the provisions of this chapter
pay or provide as required by this chapter compensation accord
ing to the schedules of this article for the disability or death of his
employee resulting from an accidental personal injury sustained by the
employee arising out of and in the course of his employment, without
regard to fault as a cause of such injury/except where the injury is occa
sioned by the willful intention of the injured employee to bring about
the injury or death of himself or of another, or where the injury results
solely from the intoxication of the injured employee while on duty.
Where the injury is occasioned by the willful intention of the injured
employee to bring about the injury or death of himself or of another, or
where the injury results solely from the intoxication of the injured
employee while on duty, neither the injured employee nor any deS e c tio n

TEXT OF LAWS— NEW YORK.

745

pendent of such employee shall receive compensation under this chap
ter.
Sec. 11 (as amended by chapter 622, acts of 1916). The liability cf .Remedy excluan employer prescribed by the last preceding section shall be exclusiveslve*
and in place of any other liability whatsoever, to such employee, im
personal representatives, husband, parents, dependents, or next of
kin, or any one otherwise entitled to recover damages at common law
or otherwise on account of such injury or death, except that if an em- Exception,
ployer fail to secure the payment of compensation for his injured em
ployees and their dependents as provided in section fifty of 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 ac
count of such injury, 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 negli
gence of a fellow servant, nor that the employee assumed the risk of his
employment, nor that the injury was due to the contributory negli
gence of the employee.
Sec. 12 (as amended by ch. 705, acts of 1917). No compensation W aiting tim e,
shall be allowed for the first fourteen days of disability, except the
benefits provided for in section thirteen of this chapter: Provided, how
ever, That in case the injury results in disability of more than fortynine days the compensation shall be allowed from the date of the disa
bility.
S e c . 13 (as amended by ch. 634, acts of 1918). The employer shall Medical, etc.,
promptly provide for an injured employee such medical, surgical, ortreatment#
other attendance or treatment, nurse and hospital service, medicine,
crutches, and apparatus as the nature of the injury may require during
sixty days after the injury; but the commission may where the nature
of the injury or the process of recovery requires a longer period of treat
ment require the same from the employer. If the employer fail to pro
vide the same, after request by the injured employee, such injured
employee may do so at the expense of the employer. The employee
shall not be entitled to recover any amount expended by him for such
treatment or services unless he shall have requested the employer to
furnish the same and the employer shall have refused or neglected to
do so, or unless the nature of the injury required such treatment and
services and the employer or his superintendent or foreman having
knowledge of such injury shall have neglected to provide the same.
All fees and other charges for such treatment and services shall be sub
ject to regulation by the commission as provided in section 24 of this
chapter, and shall be limited to such charges as prevail in the same
community for similar treatment of injured persons of a like standard
of living.
S e c . 14. Except as otherwise provided in this chapter, the average Wages cornweekly wages of the injured employee at the time of the injury shall be Puted>how*
taken as the basis upon which to compute compensation or death bene
fits, and shall be determined as follows:
1. If the injured employee shall have worked in the employment in
which he was working at the time of the accident, whether for the same
employer or not, during substantially the whole of the year immediately
preceding his injury, his average annual earnings shall consist of three
hundred times the average daily wage or salary which he shall have
earned in such employment during the days when so employed;
2. If the injured employee shall not have worked in such employ
ment during substantially the whole of such year, his average annual
earnings shall consist of three hundred times the average daily wage or
salary which an employee of the same class working substantially the
whole of such immediately preceding year in the same or in a similar
employment in the same or a neighboring place shall have earned in
such employment during the days when so employed;
3. If either of the foregoing methods of arriving at the annual average
earnings of an injured employee can not reasonably and fairly be
applied, such annual earnings shall be such sum as, having regard to
the previous earnings of the injured employee and of other employees
of the same or most similar class, working in the same or most similar

746

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

employment in the same or neighboring locality, shall reasonably rep
resent the annual earning capacity of the injured employee in the
employment in which he was working at the time of the accident;
4. The average weekly wages of an employee shall be one fifty-second
part of 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.
Compensation
s EC. 15 (as amended by acts of 1915,1916,1917). The following schedfor“
ule of compensation is hereby established:
Permanent to- i. Total permanent disability.—In case of total disability adjudged
taldisability;
to ke 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 of any two thereof shall, in the absence of
conclusive proof to the contrary, constitute permanent total disability.
In all other cases permanent total disability shall be determined in
accordance with the facts.
Temporary dis- 2. Temporary total disability.—In case of temporary total disability,
ability;
sixty-six and two-thirds per centum of 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 pro
vided in this chapter.
Partial disabil- 3. Permanent partial disability.—In case of disability partial in charlty'
acter but permanent in quality the compensation shall be sixtv-six and
two-thirds per centum of the average weekly wages and shall be paid
to the employee for the period named in the schedule as follows:
Schedule.
Thumb. For the loss of a thumb, sixty weeks.
First finger. For the loss of a first finger, commonly called index
finger, forty-six weeks.
Second finger. For the loss of a second finger, thirty weeks.
Third finger. For the loss of a third finger, twenty-five weeks.
Fourth finger. For the loss of a fourth finger, commonly called the
little finger, fifteen weeks.
Phalange of thumb or finger. The loss of the first phalange of the
thumb or finger shall be considered to be equal to the loss of one-half
of such thumb or finger, and compensation shall be one-half of the
amount above specified. The loss of more than one phalange shall be
considered as the loss of the entire thumb or finger. Where the injury
results in the loss of more than one finger, compensation therefor may
be awarded for the proportionate loss of the use of the hand thereby
occasioned: Provided, however, That in no case shall the amount re
ceived for more than one finger exceed the amount provided in this
schedule for the loss of a hand.
Great toe. For the loss of a great toe, thirty-eight weeks.
Other toes. For the loss of one of the toes other than the great toe,
sixteen weeks.
Phalange of toe. The loss of the first phalange of any toe shall be
considered to be equal to the loss of one-half of said toe, and the com
pensation shall be one-half of the amount specified. The loss of more
than one phalange shall be considered as the loss of the entire toe.
Where the injury results in the loss of more than one toe compensation
therefor may be awarded for the proportionate loss of the foot thereby
occasioned: Provided, however, That in no case shall the compensation
awarded for more than one toe exceed the amount provided in this
schedule for the loss of the foot.
Hand. For the loss of a hand,' two hundred and forty-four weeks.
Arm. For the loss of an arm, three hundred and twelve weeks.
Foot. For the loss of a foot, two hundred and five weeks.
Leg. For the loss of a leg, two hundred and eighty-eight weeks.
Eye. For the loss of an eye, one hundred and twenty-eight weeks.
Loss of use. Permanent loss of the use of a hand, arm, foot, leg, eye,
thumb, finger, toe, or phalange shall be considered as the equivalent
of the loss of such hand, arm, foot, leg, eye, thumb, finger, toe, or
phalange.

TEXT OF LAWS--- NEW YORK.

747

Partial loss and partial loss of use. For the partial loss or the partial
loss of the use of a hand, arm, foot, leg, or eye, compensation therefor
may be awarded for the proportionate loss or proportionate loss of the
use of such hand, arm, foot, leg, or eye.
Amputations. Amputation between the elbow and the wrist shall be
considered as the equivalent of the loss of a hand. Amputation between
the knee and the ankle shall be considered as the equivalent of the
loss of a foot. Amputation at or above the elbow shall be considered as
the loss of an arm. Amputation at or above the knee shall be consid
ered as the loss of the leg.
The compensation for the foregoing specific injuries shall be in lieu
of all other compensation, except the benefits provided in section thir
teen of this chapter.
In case of an injury resulting in serious facial or head disfigurement
the commission may, in its discretion, make such award or compensa
tion as it may deem proper and equitable, in view of the nature of the
disfigurement, but not to exceed three thousand five hundred dollars.
Other cases.—In all other cases in this class of disability the compen
sation shall be sixty-six and two-thirds per centum of the difference
between his average weekly wages and his wage-earning capacity
thereafter in the same employment or otherwise, payable during the
continuance of such partial disability, but subject to reconsideration
of the degree of such impairment by the commission on its own motion
or upon application of any party in interest.
4. Temporary partial disability.—In case of temporary partial dis
ability, except the particular cases mentioned in subdivision three of
this section, an injured employee shall receive sixty-six and two-thirds
per centum of the difference between his average weekly wages and his
wage-earning capacity thereafter in the same employment, or otherwise
during the continuance of such partial disability, but not to exceed,
when combined with his decreased earnings, the amount of wages he
was receiving prior to the injury, and not to exceed in total the sum of
three thousand five hundred dollars, except as otherwise provided in
this chapter.
5. Limitation.—The compensation payment under subdivisions one, Minimum and
two, and four, and under subdivision three, except in case of the loss
pay_
of a hand, arm, foot, leg, or eye, shall not exceed fifteen dollars per
week nor be less than five dollars per week; the compensation payment
under subdivision three in case of the loss of a hand, arm, foot, leg, or
eye shall not exceed twenty dollars per week nor be less than five
dollars a week: Provided, however, That if the employee’s wages at the
time of injury are less than five dollars per week he shall receive his
full weekly wages.
6. Previous disability.—The fact that an employee has suffered pre- What wages de
vious disability or received compensation therefor shall not precludetermme*
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
will reasonably represent his earning capacity at the time of the later
injury: Provided, however, 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.
7. Permanent total disability after permanent partial disability.— Second injuries
If an employee who has previously incurred permanent partial dis- ^ § 5 ^
ability through the loss of one hand, one arm, one foot, one leg, or one
eye incurs permanent total disability through the loss of another
member or organ, he shall be paid, in addition to the compensation for
permanent partial disability provided in this section and after the
cessation of the payments for the prescribed period of weeks, special
additional compensation for the remainder of his life to the amount
of sixty-six and two-thirds per centum of the average weekly wage Special fund,
earned by him at the time the total permanent disability was incurred.
Such additional compensation shall be paid out of a special fund
created for such purpose in the following manner: The insurance
carrier shall pay to the State treasurer for every case of injury causing
death in which there are no persons entitled to compensation the sum

748

WORKMEN’s COMPENSATION LAWS OF THE UNITED STATES.

of one hundred dollars. The State treasurer shall be the custodian
of this special fund and the commission shall direct the distribution
thereof.
Death.
Sec. 16 (as amended by ch. 622, acts of 1916). If the injury causes
death, the compensation shall be known as a death benefit and shall be
payable in the amount and to or for the benefit of the persons following:
1. Reasonable funeral expenses, not exceeding one hundred dollars.
2. If there be a surviving wife (or dependent husband) and no child
of the deceased under the age of eighteen years, to such wife (or de
pendent husband) thirty per centum of the average wages of the
deceased during widowhood (or dependent widowerhood) with two
years’ compensation in one sum upon remarriage; and if there be
surviving child or children of the deceased under the age of eighteen
years, the additional amount of ten per centum of such wages for each
such child until the age of eighteen years; in case of the subsequent
death of such surviving wife (or dependent husband) any surviving
child of the deceased employee, at the time under eighteen years of 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 of
eighteen years: Provided, That the total amount payable shall in no
case exceed sixty-six and two-thirds per centum of such wages. The
commission may, in its discretion, require the appointment of a guar
dian for the purpose of receiving the compensation of a minor child.
In the absence of such a requirement by the commission the appoint
ment of a guardian for such purposes shall not be necessary.
3. If there be surviving child or children of the deceased under the
age of eighteen years, but no surviving wife (or dependent husband),
then for the support of each such child until of the age of eighteen
years fifteen per centum of the wages of the deceased : Provided, That
the aggregate shall in no case exceed sixty-six and two-thirds per
centum of such wages.
4. If there be no surviving wife (or dependent husband) or child
under the age of eighteen years, or if the amount payable to surviving
wife (or dependent husband) and to children under the age of eighteen
years shall be less in the aggregate than sixty-six and two-thirds per
centum of the average wages of the deceased, then for the support of
grandchildren or brothers and sisters under the age of eighteen years,
if dependent upon the deceased at the time of the accident, fifteen per
centum of such wages for the support of each such person until of the age
of eighteen years; and for the support of each parent, or grandparent, of
the deceased if dependent upon him at the time of the accident,
twenty-five per centum of 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 of
such wages and the amount payable as hereinbefore provided to sur
viving wife (or dependent husband), or for the support of surviving
child or children.
Any excess of wages over one hundred dollars a month shall not be
taken into account in computing compensation under this section. All
questions of dependency shall be determined as of the time of the
accident.
Aliens.
Sec. 17 (as amended by chapter 622, acts of 1916). Compensation
under this chapter to aliens not residents (or about to become non
residents) of the United States or Canada, shall be the same in amount
as provided for residents, except that dependents in any foreign
country shall be limited to surviving wife and child or children, or, if
there be no surviving wife or child or children, to surviving father or
mother, or grandfather or grandmother, whom the employee has sup
ported, either wholly or in part, for the period of one year prior to the
date of the accident, and except that the commission may, at its option,
or, upon the application of the insurance carrier, shall commute all
future installments of compensation to be paid to such aliens by paying
or causing to be paid to them one-half of the commuted amount of such
future installments of compensation as determined by the commission.
Notice ofinjury
Sec. 18 (as amended by chapter 634, acts of 1918). Notice of an injury
or death.
for which compensation is payable under this chapter shall be given to
the commission and to the employer within thirty days after the acci-

TEXT OF LAWS--- NEW YOBK.

749

dent causing such injury, and also in case of 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 compen
sation, or by some one in his behalf. The notice shall be in writing,
and contain the name and address of the employee, and state in ordi
nary language the time, place, nature, and cause of the injury, and be
signed by him or by a person on his behalf or, in case of death, by any
one or more of his dependents, or by a person on their behalf. It shall
be given to the commission by sending it by mail, by registered letter,
addressed to the commission at its 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 of busi
ness: Provided, That, if the employer be a partnership then such notice
may be so given to any one of the partners, and if the employer be a
corporation, then such notice may be given to any agent or officer
thereof upon whom legal process may be served, or any agent in charge
of the business in the place where the injury occurred. The failure to
give notice of injury or notice of death unless excused by the commis
sion 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 of the business in the place where the accident occurred or
having immediate supervision of the employee to whom the accident
happened, had knowledge of 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
commission on the hearing of a claim filed by such injured employee,
or his or her dependents.
Sec. 19. An employee injured claiming or entitled to compensation Medical examiunder this chapter shall, if requested by the commission, submit him- natl0nsself for medical examination at a time, and from time to time, at a
place reasonably convenient for the employee, and as may be provided
by the rules of the commission. If the employee or the insurance
carrier request he shall be entitled to have a physician or physicians
of his own selection to be paid by him present to participate in such
examination. If an employee refuse to submit himself to examination,
his right to prosecute any proceeding under this chapter shall be sus
pended, and no compensation shall be payable for the period of such
refusal.
Sec. 20 (as amended by chapter 629, acts of 1919). At any time after Direct settlethe expiration of the first fourteen days of disability on the part of an mentsinjured employee, or at any time after his death, a claim for compensa
tion may be presented to the employer or to the commission. The
commission shall have full power and authority to determine all ques- Power of comtions in relation to the payment of claims presented to it for compensa- misslontion under the provisions of this chapter. The commission shall make
or cause to be made such investigations as it deems necessary, and upon
application of either party, shall order a hearing, and within thirty
days after a claim for compensation is submitted 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 of the commismission. Immediately after such filing the commission shall send to
the parties a copy of the decision. Upon a hearing pursuant to this
section either party may present evidence and be represented by
counsel. The decision of the commission shall be final as to all ques
tions of fact, and, except as provided in section twenty-three, as to all
questions of law. When the employer and employee, or in case of
death, his principal dependent, enter into an agreement for the pay
ment of compensation therefor pursuant to this chapter, a joint report
of such claim containing such agreement shall be made to the com- Report of agreemission within 10 days after the agreement is made and upon a form ment*
prepared by it and signed by the employer and employee, or in case of
death his principal dependent.
The commission shall, in every case in which an agreement has been Hearing,
entered into for the payment of compensation or death benefits, notify
the beneficiary or beneficiaries and the employer ar.d insurance carrier

750

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 i t e d s t a t e s .

Paym ents,

Credits.

to be present at a hearing for the purpose of determining whether or not
the terms of agreement are strictly in accordance with the facts and the
provisions of the law; and if they are found to be so, then the commis
sion shall approve the agreement w'hich approval shall constitute an
award. Such hearing shall be held immediately after the employer
or insurance carrier has notified the commission that it has made its last
regular payment under th e terms of the agreement and in no event later
than sixty days after the joint report of agreement is filed with the
commission. The employer shall upon the#making of its last regular
payment under the terms of the agreement give notice in writing to the
commission upon a form prescribed by the commission which notice
shall contain the name of the injured employee or his principal depend
ent, the date of accident, the date to which compensation has been paid
and the whole amount of compensation paid. Such notice may be given
for the employer by the insurance carrier, but the insurance carrier shall
not be released from any liability hereunder for failure of the employer
to give such notice. In case the employer or insurance carrier fails so to
notify the commission of the cessation of payment within sixty days
after the date to which compensation has been paid, the commission shall
assess against such employer and his insurance carrier the sum of one
hundred dollars, one-naif of which shall be paid into the special fund
created under favor of numbered paragraph seven of section fifteen
herein and one-half of which shall be paid into the State treasury and be
applicable to the expenses of the commission. However, the com
mission may make an award in the manner provided in this section in
any case, and if the terms of the award vary from the joint report, the
employer shall comply with the award.
S e c . 20a (added by ch. 168, acts of 1915, amended by ch. 629, acta
of 1919). Any employer or his insurance carrier shall upon the making
of the agreement provided in section twenty pay to any injured em
ployee or to the principal dependent of a deceased employee the
compensation provided for in the agreement which shall not be less
in the aggregate than the amount legally due at that time, in return
for which he shall receive a receipt on a form prescribed by the com
mission and signed by the person receiving the money, which receipt
shall specifically state in what capacity the signer acted when so
receiving such money and which receipt shall be forwarded to the
commission within forty-eight hours after the date of its issuance.
The employer or his insurance carrier shall then continue to make
payments of compensation according to the terms of the agreement
and at regular intervals of not more than two weeks until the final
payment is made when notice shall be given to the commission as is
provided in section twenty, and in event of the failure to continue to
make such payments without notifying the commission as aforesaid,
there shall be imposed an additional penalty equal to 10 per centum
of the unpaid compensation which shall accrue to the benefit of the
injured workman or his dependents and shall be paid to them. In
the event that the award is modified upon the hearing provided in
section twenty, payment shall be adjusted to conform to the award,
decision, or order made upon hearing. An employer or his insurance
carrier may at his option advance to any injured employee or to the
principal dependent of a deceased employee any sum of money, in
return for which he shall receive a receipt on a form supplied by the
commission and signed by the person receiving the money, which
receipt shall specifically state in what capacity the signer acted while
so receiving such money; such receipt shall be forwarded to the com
mission within forty-eight hours after date of its issuance. Should
any agreement or award be made the sum so stated on the face of the
receipt shall be credited to the payment under the award or agree
ment and shall be repaid as hereinbefore provided. Any money so
advanced shall be at the employer’s risk. Any employer who has
made an advance payment under this section shall be entitled to be
reimbursed by his insurance carrier out of an unpaid installment or
installments of compensation due. No case in which an advance
payment is made shall be barred by the failure of the employee to file
a claim, and the commission may at any time order a hearing on any

TEXT OF LAWS— NEW YORK.

751

such case in the same manner as though a claim for compensation had
been filed.
Sec. 21. In any proceeding for the enforcement of a claim for com Presumptions.
pensation under this chapter, it shall be presumed in the absence of
substantial evidence to the contrary—
1. That the claim comes within the provisions of this chapter;
2. That sufficient notice thereof was given;
3. That the injury was not occasioned by the willful intention of
the injured employee to bring about the injury or death of himself or
of another;
4. That the injury did not result solely from the intoxication of the
injured employee while on duty.
Sec. 22. Upon its own motion or upon the application of any party Modification of
in interest, on the ground of a change in conditions, the commission awards.
may at any time review any award, and, on such review, may make an
award ending, diminishing, or increasing the compensation previ
ously awarded, subject to the maximum or minimum provided in this
chapter, and shall state its conclusions of fact and rulings of law, and
shall immediately send to the parties a copy of the award. No such
review shall affect such award as regards any moneys already paid.
Sec. 23 (as amended by ch. 705, acts of 1917). An award or Appeals.
decision of the commission shall be final and conclusive upon all
questions within its jurisdiction, as against the State fund or between
the parties, unless reversed or modified on appeal therefrom as herein
after provided. Within thirty days after notice of the filing of the
award or the decision of the commission has been sent to the parties
an appeal may be taken to the appellate division of the supreme court,
third department, from such award or decision by any party in in
terest including an employer insured in the State fund. If notice of
such appeal is served upon the commission, the commission shall
within thirty days thereafter serve upon the parties in interest a state
ment of its conclusions of fact and rulings of law in such case. The
commission may also, in its discretion, certify to such appellate
division of the supreme court questions of 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 commission shall be deemed a party to every such appeal,
and the attorney general, without extra compensation, shall represent
the commission thereon. An appeal may also be taken to the court of
appeals in all cases where the decision of the appellate division is not
unanimous and by the consent of the appellate division or a judge of
the court of appeals where the decision of the appellate division is
unanimous in the same manner and subject to the same limitations
not inconsistent herewith as is now provided in civil actions. It shall
not be necessary to file exceptions to the rulings of the commission.
The commission shall not be required to file a bond upon an appeal
by it to the court of appeals. Otherwise such appeals shall be subject
to the law and practice applicable to appeals in civil actions. Upon
final determination of such an appeal, the commission shall enter an
order in accordance therewith.
Sec. 24 (as amended by ch. 705, acts of 1917). If the commission Costs.
or the court before which any proceedings for compensation or concern
ing an award of compensation have been brought, under this chapter,
determines that sufch proceedings have not been so brought upon
reasonable ground, it shall assess the whole cost of the proceedings
upon the party who has so brought them. Claims 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 of this chapter, shall not be enforceable unless ap
proved by the commission. If so approved, such claim or claims shall
become a lien upon the compensation awarded, but shall be paid
therefrom only in the manner fixed by the commission.
In case an award is affirmed upon an appeal to the appellate divi Interest.
sion, the same shall be payable with interest thereon from the date
when said award was made by the commission.
Sec. 25 (as amended by ch. 629, acts of 1919). Compensation under Time of pay
the provisions of this chapter shall be payable periodically in accord- ments.

752

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

Lump sums.

D e lin q u e n t
payments.

ance with the method of payment of the wages of the employee at the
time of his injury or death, and shall be so provided for in any award;
but the commission may determine that any payments may be made
monthly or at any other period, as it may deem advisable.
If the employer has made advance payments of compensation as
provided elsewhere in this chapter, he shall be entitled to be reimbursed
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
representatives, shall give receipts for payment of compensation to the
employer paying the same and such employer shall forward receipts
therefor promptly to the commission.
If the employer or his insurance carrier shall fail to make payments
of compensation according to the terms of the award, there shall be
imposed a penalty equal to twenty per centum of the unpaid compen
sation 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 commission a notice on a form prescribed by
the commission that such final payment is due or has been made
fulfilling completely the terms of the award, which notice shall contain
the name of the injured employee or his principal dependent, ‘the
date 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 commission of the cessation of
payments within sixteen days after the date to which compensation is
due or has been paid, the commission shall assess against such em
ployer or his insurance carrier the sum of one hundred dollars, one-half
of which shall be paid into the special fund created under favor of
numbered paragraph seven of section fifteen herein, and one-half of
which shall be paid into the State treasury and be applicable to the
expenses of the commission. Whenever the commission may deem
it advisable it may request any employer or insurance carrier to make
a deposit with the treasurer of the commission to secure the prompt
and convenient payment of such compensation, and the commission
shall have power to make payments therefrom upon any awards.
The commission, whenever it shall so deem advisable, may com
mute 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 27 of this
chapter.
gEC 26 (as amended by ch. 167, acts of 1915, and ch. 622, acts
0 f 1910).
if payment of compensation, or an installment thereof,
due under the terms of an award, be not made by the employer within
ten days after the same is due, the insurance carrier shall be liable
therefor, and if not paid within ten days after demand by the injured
employee, or in case of death his dependents or by the commission,
the amount of such payment shall constitute a liquidated claim for dam
ages against the employer, self-insurer, or insurance corporation,
which with an added penalty of fifty per centum may be recovered in
an action to be instituted by the commission in th%name of the people
of the State. An employer who negligently or intentionally defaults in
payment of compensation in the first instance under this chapter shall
be liable to a penalty of not more than ten per centum of the amount
of such compensation, notwithstanding the fact that the insurance cor
poration or State fund subsequently pays the compensation as provided
in this section. If such default be made in the payment of an install
ment of compensation and the whole amount of such compensation be
not due, the commission may, if the present value of such compensa
tion be computable, declare the whole amount thereof due, and recover
the amount thereof with the added penalties, as provided by this sec
tion. Any such action may be compromised by the commission or may
be prosecuted to final judgment as, in the discretion of the commission,
may best serve the interest of the persons entitled to receive the com
pensation or the benefits. Compensation recovered under this section

TEXT OF LAWS— NEW YORK.
shall be disbursed by the commission to the persons entitled thereto in
accordance with the award. A penalty recovered pursuant to this sec
tion shall be paid into the State treasury and be applicable to the ex
penses of the commission.
In case of default by the employer in the payment of any compen Procedure
sation due under an award for the period of thirty days after payment
is due and payable, any party in interest may file with the county clerk
for the county in which the injury occurred, a certified copy of a deci
sion of the State industrial commission awarding compensation, or end
ing, diminishing, or increasing compensation previously awarded,
from which no appeal has been taken within the time allowed therefor,
and thereupon judgment must be entered in the supreme court by the
clerk of such county in conformity therewith immediately upon the
filing of such decision. Such decree or judgment shall be entered in the
same manner and 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
the supreme court, except that there shall be no appeal therefrom.
The court upon the filing with it of a certified copy of a decision of the
State industrial commission ending, diminishing, or increasing com
pensation previously awarded shall revoke or modify its prior decree or
judgment so that it will conform to said decision. Neither the com
mission 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 (as amended by ch. 705, acts of 1917).
If an award Deposits.
under this chapter requires payment of death benefits or other compen
sation by an insurance carrier or employer in periodical payments, the
commission may, in its discretion, at any time, any provision of this
chapter to the contrary notwithstanding, compute and permit or re
quire 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 disa
bility for a period of one hundred and four weeks or more, for which
liability exists, together with such additional sum as the commission
may deem necessary for a proportionate payment of expenses of admin
istering the fund so created. The moneys so paid in for all death ben
efits or other compensation to constitute one aggregate and indivisible
fund; and thereupon such employer or insurance carrier shall be dis
charged from any further liability under such award and payment of
the same as provided by this chapter shall be assumed by the special
fund so created. All computations made by the commission shall be
upon the basis of the survivorship annuitants’ table of mortality, the
remarriage tables of the Dutch Royal Insurance Institution, and inter
est at three and one-half per cent 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 ex
penses of administration of the State fund other than the expenses in
volved 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.
The commission may in like manner, in its discretion, commute and
permit or require to be paid, into said aggregate special fund, by one
or more resolutions one or more awards computable under this section.
Any portion of such special fund may pursuant to a resolution of the
commission approved by the superintendent of insurance be invested
in any of the securities in which a life insurance corporation may in
vest its assets as provided in section one hundred of the insurance law.
Sec. 28 (as amended by ch. 634, acts of 1918). The right to claim Limitation.
compensation under this chapter shall be forever barred unless within
one year after the accident, or if death results therefrom, within one
year after such death, a claim for compensation thereunder shall be
filed with the commission, 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 before the com177982°—21—Bull. 272------ 48

754

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

mission on the hearing of a claim for compensation filed by the injured
employee, or his or her dependents.
Subrogation of
Sec. 29 (as amended by ch. 705, acts of 1917). If an employee
p?oyee^rights.m* entitled to compensation under this chapter be injured or killed by the
negligence or wrong of another not in the same employ, such injured
employee, or in case of death, his dependents, shall, before any suit
or any award under this chapter, elect whether to take compensation
under this chapter or to pursue his remedy against such other. Such
elections shall be evidenced in such manner as the commission may by
rule or regulation prescribe. If such injured employee, or in case of
death, his dependents; elect to take compensation under this chapter,
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, and if he elect to pro
ceed against such other, the State insurance 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 chapter for such case. Such a cause of
action assigned to the State may be prosecuted or compromised by the
commission. A compromise of any such cause of action by the em
ployee or his dependents at an amount less than the compensation pro
vided for by this chapter shall be made only with the written approval
of the commission, 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 negligence or
wrong of another not in the same employ and the dependents 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 a parent of such minor, or by his or
her duly appointed guardian, as the commission may determine by
rule in each case.
Independent
Sec. 30 (as amended by ch. 316, acts of 1914). No benefits, savbenefits.
ings, or insurance of the injured employee, independent of the provi
sions of this chapter, shall be considered in determining the compen
sation or benefits to be paid under this chapter, except that in case of
the death of an employee of the State, a municipal corporation, or any
other political subdivision of the State any benefit payable under a
pension system which is not sustained in whole or in part by the con
tributions of the employee may be applied toward the payment of the
death benefit provided by this chapter.
Contributions
Sec. 31. No agreement by an employee to pay any portion of the
by employees.
premium paid by his employer to the State insurance fund or to con
tribute 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 of providing compensation as herein required,
shall be valid, and any employer who makes a deduction for such pur
pose 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.
Assignments,
Sec. 33 (as amended by ch. 498, acts of 1919). Claims for compensaetc., of claims.
tion 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 of 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
Unpaid bal- employees or their dependents. In case of the death of an injured
ances.
employee to whom there was due at the time of his or her death any
compensation under the provisions of this chapter, not exceeding the
sum of two hundred and fifty dollars, the amount of such compensation
shall be payable to the surviving wife or husband, if there be one, or,

TEXT OF LAWS—rNEW YORK.

755

if none, to the surviving child or children of the deceased under the
age of eighteen years, and if there be no surviving wife 6r children,
then to the dependents of such deceased employee or to any of them as
the commission may direct.
Sec. 34. The right of compensation granted by this chapter and any Preferences,
awards made thereunder shall have the same preference or lien without
limit of amount against the assets of the employer as is now or hereafter
may be allowed by law for a claim for unpaid wages for labor.
Sec. 35 (added by ch. 458, acts of 1919). The board of supervisors of Employees °f
each county of the State may provide for the payment of compensation mumcipa s*
under this chapter to town, village, city, and county employees by
taxation, which shall be known as the “ taxation system” of pacing
such compensation. Whenever compensation shall be awarded under
this chapter to a town, village, city, or county employee, in a county
which has adopted such taxation system, the county treasurer of such
county forthwith shall pay such award out of any money of such
county applicable thereto. If he have no such money in his possessionor under his control, he shall immediately borrow upon the credit
of tfie county by temporary loan sufficient money to pay and he shall
pay such award. The money so borrowed shall be a county charge and
shall be included by the board of supervisors in the next succeeding
tax levy, in addition to all other sums authorized to be raised thereby,
and such money shall be levied by such board on the taxable property
in such county and, when raised, shall be paid into the county treasury
and used to reimburse the county for any money advanced or to pay
money borrowed to pay awards under this chapter.
Article 3.
Section 50 (as amended by acts of 1914, 1916, 1917,1919). An em- Guaranty of
ployer shall secure compensation to his employees in one of the paym
following ways:
1. By insuring and keeping insured the payment of such compensa
tion in the State fund; or
2. By insuring and keeping insured the payment of such compensa
tion with any stock corporation or mutual association authorized to
transact the business of workmen’s compensation insurance in this
State. If insurance be so effected in such a corporation or mutual
association the employer shall forthwith file with the commission, in
form prescribed by it, a notice specifying the name of such insurance
corporation or mutual association and such information regarding the
policies as the commission may require.
3. By furnishing satisfactory proof to the commission of his financial
ability to pay such compensation for himself, in which case the comniission may, in its discretion, require the deposit with the commission
of securities of the kind prescribed in section thirteen of the insurance
law, in an amount to be determined by the commission, to secure his
liability to pay the compensation provided in this chapter. The com
mission may also require an agreement on the part of an employer to
pay any awards commuted under section twenty-seven of this act,
into the special fund of the State fund, as a condition of his being al
lowed to remain uninsured pursuant to this section. The commission
shall have the authority to revoke its consent furnished under this
section at any time for good cause shown.
4. If a county, by adopting the taxation system provided in this
chapter. [Sec. 35.]
If an employer fail to comply with this section, he shall be liable to Failure to guara penalty during which such failure continues [sic] of an amount equal antee payinei1,
to the pro rata premium which would have been payable for insurance
in the State fund for such period of noncompliance to be recovered in an
action brought by the commission.
The commission may, in its discretion, for good cause shown, remit
any such penalty, provided the employer in default secure compensa
tion as provided in this section.
Sec. 51. Every employer who has complied with section fifty of Notice to be
this chapter shall post and maintain in a conspicuous place or places posted*
in and about his place or places of business typewritten or printed

756

WORKMEN *S COMPENSATION LAWS OF THE UNITED STATES.

notices in form prescribed by the commission, stating the fact that he
has complied with all the rules and regulations of the commission and
that he has secured the payment of compensation to his employees and
their dependents in accordance with the provisions of this chapter.
S ec. 52 (as amended b y chap 622, acts of 1916). Failure to secure
Employer’sfail- the payment of compensation shall constitute a misdemeanor and have
mentsSeCUrepay" ^ e e^ec^ enabling the injured employee, or in case of death his de
pendents or legal representatives, to maintain an action for damages in
the courts, as prescribed by section eleven of this chapter.
Payments to
S ec. 53. An employer securing the payment of compensation by confease fund & re* tributing premiums to the State fund shall thereby become relieved
from all liability for personal injuries or death sustained by his em
ployees, and the persons entitled to compensation under this chapter
shall have recourse therefor only to the State fund and not to the em
ployer. An employer shall not otherwise be relieved from the liability
for compensation prescribed by this chapter except by the payment
thereof by himself or his insurance carrier.
Insurers diS ec. 54 (as amended by chap. 622, acts of 1916). 1. Every policy
rectly liable.
0f insurance covering the liability of the employer for compensation
issued by a stock company or by a mutual association authorized to
transact workmen’s compensation insurance in this State shall contain
a provision setting forth the right of the commission to enforce in the
name of the people of the State of New York for the benefit of the person
entitled to the compensation insured by the policy either by filing a
separate application or by making the insurance carrier a party to the
original application, the liability of the insurance carrier in whole or in
part for the payment of such compensation: Provided, however, That pay
ment in whole or in part of such compensation by either the employer
or the insurance carrier shall to the extent thereof be a bar to the
recovery against the other of the amount so paid.
Community of
2. Every such policy shall contain a provision that, as between the
knowledge.
employee and the insurance carrier, the notice to or knowledge of the
occurrence of the injury on the part of the employer shall be deemed
notice or knowledge, as the case may be, on the part of the insurance
carrier; that j urisdiction of the employer shall, for the purpose of this
chapter, be jurisdiction of the insurance carrier and that the insurance
carrier shall in all things be bound by and subject to the orders, find
ings, decisions, or awards rendered against the employer for the pay
ment of compensation under the provisions of this chapter.
Insolvency of 3 . Every such policy shall contain a provision to the effect that the
employers.
insolvency or bankruptcy of the employer shall not relieve the insur
ance earner from the payment of compensation for injuries 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 which
limit indemnity.
indemnify him from loss or damage on account of the injury of an
employee by accidental means, or on account of the negligence of 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 against
contracts of msur- 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 of cancellation of such contract, on a date specified in such
notice, shall be filed in the office of the commission and also served on
the employer. Such notice shall be served on the employer by deliv
ering 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: Provided,
That, if the employer be a partnership, then such notice may be so
given to any one of the partners; and it the employer be a corporation
then the notice may be given to any agent or officer of the corporation
upon whom legal process may be served: Provided, however, The right
to cancellation of a policy of insurance in the State fund shall be exer
cised only for nonpayment of premiums.
Working em6. Any insurance carrier may issue policies, including with em
ployers.
ployees, employers who perform labor incidental to their occupations,
such policies insuring to such employers the same compensations pro
vided for their employees, and at the same rates: Provided, however,

TEXT OF LAWS--- NEW YORK.

757

That the estimation of their wage values, respectively, shall be reason
able and separately stated in and added to the valuation of their pay
rolls upon which their premium is computed. The employer so insured
shall have the same rights and remedies given an employee by this
chapter.
Article 4.
Section 62 (as amended by ch. 674, acts of 1915). The commis Expenses.
sion may make the necessary expenditure to obtain statistical and
other information to establish classifications of employments with
respect to hazards and risks. The expenses of the commission, includ
ing the premiums to be paid by the State treasurer for the bond to be
furnished by him, shall be paid out of the State treasury upon vouchers
signed by at least two commissioners.
Sec. 63. The commission shall keep and maintain its principal office Office.
in the city of Albany, in rooms in the capitol assigned by the trustees
of public buildings. The office shall be supplied with necessary office
furniture, supplies, books, maps, stationery, telephone connections,
and other necessary appliances at the expense of the State, payable in
the same manner as other expenses of the commission.
Sec. 64. The commission shall be in continuous session and open for Sessions.
the transaction of business during all business hours of every day
excepting Sundays and legal holidays. All sessions shall be open to the
public and may be adjourned, upon entry thereof in its records, with
out further notice. Whenever convenience of parties will be promoted
or delay and expense prevented, the commission may hold sessions in
cities other than the city of Albany. A party may appear before such
commission and be heard in person or by attorney. Every vote and
official act of the commission shall be entered of record, and the records
shall contain a record of each case considered, and the award, decision,
or order made with respect thereto, and all voting shall be by the calling
of each commissioner’s name by the secretary, and each vote shall be
recorded as cast. A majority of the commission shall constitute a
quorum. A vacancy shall not impair the right of the remaining com
missioners to exercise all the powers of the full commission so long as a
majority remains.
of com?Sec. 65. Any investigation, inquiry, or hearing which the commis- Powers
.
sion is authorized to hold or undertake may be held or taken by or before ms
any commissioner or deputy commissioner, and the award, decision,
or order of a commissioner or deputy commissioner, when approved
and confirmed by the commission and ordered filed in its office, shall
be deemed to be the award, decision, or order of the commission.
Each commissioner and deputy shall, for the purposes of this chapter,
have power to administer oaths, certify to official acts, take depositions,
issue subpoenas, compel the attendance of witnesses and the produc
tion of books, accounts, papers, records, documents, and testimony.
The commission may authorize any deputy to conduct any such inves
tigation, inquiry, or hearing, in which case he shall have tne power of a
commissioner in respect thereof.
Sec. 66. The secretary of the commission shall:
Secretary.
1 . Maintain a full and true record of all proceedings of the commission,
of all documents or papers ordered filed by the commission, of decisions
or orders made by a commissioner or deputy commissioner, and of all
decisions or orders made by the commission or approved and confirmed
by it and ordered filed, and he shall be responsible to the commission
for the safe custody and preservation of all such documents at its office;
2. Have power to administer oaths in all parts of the State, so far as
the exercise of such poweris properly incident to the performance of
his duty or that of the commission;
3. Designate, from time to time, with the approval of the commission,
one of the clerks appointed by the commission to exercise the powers
and duties of the secretary during his absence;
4. Under the direction of the commission, have general charge of its
office, superintend its clerical business, and perform such other duties
as the commission may prescribe.

758

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

Sec. 67. The commission shall adopt reasonable rules, not incon
sistent with this chapter, regulating and providing for—
1. The kind and character of notices, and the service thereof, in case
of accident and injury to employees;
2. The nature and extent of the proofs and evidence, and the method
of taking and furnishing the same, to establish the right to compensation;
3. The forms of application for those claiming to be entitled to com
pensation;
4. The method of making investigations, physical examinations, and
inspections;
5. The time within which adjudications and awards shall be made;
6. The conduct of hearings, investigations, and inquiries;
7. The giving of undertakings by all subordinates who are empowered
to receive and disburse moneys, to be approved by the attorney general
as to form and by the comptroller as to sufficiency;
8. Carrying into effect the provisions of this chapter:
9. The collection, maintenance, and disbursement of the State insur
ance fund.
Procedure
Sec. 6 8 . The commission or a commissioner or deputy commissioner
in making an investigation or inquiry or conducting a hearing shall not
be bound by common law or statutory rules of evidence or by technical
or formal rules of 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 of the parties.
Subpoenas.
Sec. 69. A subpoena shall be signed and issued by a commissioner,
a deputy commissioner, or by the secretary of the commission and may
be served by any person of full age in the same manner as a subpoena
issued out of a court of record. If a person fail, without reasonable
cause, to attend in obedience to a subpoena, or to be sworn or examined
or answer a question or produce a book or paper, or to subscribe and
swear to his deposition after it has been correctly reduced to writing,
he shall be guilty of a misdemeanor.
Contempt.
Sec. 70. If a person in attendance before the commission or a com
missioner or deputy commissioner refuses, without reasonable cause, to
be examined or to answer a legal and pertinent question or to produce a
book or paper, when ordered so to do by the commission or a commis
sioner or deputy commissioner, the commission may apply to a justice
of the supreme court upon proof by affidavit of the facts for an order
returnable in not less than two nor more than five days directing such
person to show cause before the justice who made the order, or any other
justice of the supreme court, why he should not be committed to jail.
Upon the return of such order the justice shall examine under oath such
person and give him an opportunity to be heard; and if the justice
determine that he has refused without reasonable cause or legal excuse
to be examined or to answer a legal and pertinent question, or to pro
duce a book or paper which he was ordered to bring, he may forthwith,
by warrant, commit the offender to jail, there to remain until he submits
to do the act which he was so required to do or is discharged according
to law.
Fees, etc., of Sec. 71. Each witness who appears in obedience to a subpoena before
the commission or a commissioner or deputy commissioner, or person
employed by the commission to obtain the required information, shall
receive for his attendance the fees and mileage provided for witnesses
in civil cases in the supreme court, which shall be audited and paid
from the State treasury in the same manner as other expenses of the
commission. A witness subpoenaed at the instance of a party other
than the commission, a commissioner, deputy commissioner, or person
acting under the authority of the commission, shall be entitled to fees
or compensation from the State treasury, if the commission certify that
his testimony was material to the matter investigated, but not other
wise.
Sec. 72. The commission may cause depositions of witnesses residing
within or without the State to be taken in the manner prescribed by
law for like depositions in civil actions in the supreme court,
Transcripts of Sec. 73. A transcribed copy of the testimony, evidence, and proce
minutes.
dure or of a specific part thereof, or of the testimony of a particular wit
ness or of a specific part thereof, on any investigation, by a stenographer
Rules.

TEXT OF LAWS— NEW YORK.

759

appointed by the commission, being certified by such stenographer to
be a true and correct transcript thereof and to have been carefully com
pared by him with his original notes, may be received in evidence by
the commission with the same effect as if such stenographer were present
and testified to the facts so certified, and a copy of such transcript shall
be furnished on demand to any party upon payment of the fee provided
for a transcript of similar minutes in the supreme court.
S e c . 74. The power and jurisdiction of the commission over each Jurisdiction to
case shall be eontinuing; and it may, from time to time, make such be co mumg'
modification or change with respect to former findings or orders relating
thereto, as in its opinion may be just.
S e c . 75. Annually on or before the first day of February, the com- Reports,
mission shall make a report to the legislature, which shall include a
statement of the number of awards made by it and the causes of the
accidents leading to the injuries for which the awards were made, a
detailed statement of the expenses of the commission, the condition of
the State insurance fund, together with any other matter which the
commission deems proper to report to the legislature, including any
recommendations it may desire to make.
S e c . 76. The commission shall prepare and cause to be distributed Blanks,
so that the same may be readily available blank forms of application
for compensation, notice to employers, proofs of injury or death, of
medical or other attendance or treatment, of employment and wage
earnings, and for such other purposes as may be required. Insured
employers shall constantly keep on hand a sufficient supply of such
blanks.
S e c . 77 (added by ch. 622, acts of 1916). As soon as practicable E x p e n s e s o f
after July first, nineteen hundred and seventeen, and annually there- conmusslonafter, the commission shall ascertain the total amount of its expenses
incurred during the preceding fiscal year, in connection with the
administration of the workmen’s compensation law, and shall thereupon
assess upon and collect from each insurance carrier, including the
State insurance fund, the proportion of 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 reim
burse it for this portion of the expense of administering this chapter.
Article 5.
S e c t i o n 90. There is hereby created a fund to be known as “ The State Insurance
State Insurance Fund,” for the purpose of insuring employers 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 of moneys belonging to
the fund, and of interest earned upon moneys belonging to the fund
and deposited or invested as herein provided. Such fund shall be
administered by the commission without liability on the part of the
State beyond the amount of such fund. Such fund shall be applicable
to the payment of losses sustained on account of insurance and to the
payment of expenses in the manner provided in this chapter.
S e c . 91. The State treasurer shall be the custodian of the State Custodian,
insurance fund; and all disbursements therefrom shall be paid by him
upon vouchers authorized by the commission and signed by any two
members thereof. The State treasurer shall give a separate and addi
tional bond in an amount to be fixed by the governor and with sureties
approved by the State comptroller conditioned for the faithful perform
ance 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 por
tion of the State insurance fund deposited by the State treasurer shall
be collected by him and placed to the credit of the fund.
Sec. 92 (as amended by ch. 622, acts of 1916). Ten per centum Surplus and re*
of the premiums collected from employers insured in the fund shallserve*
be set aside by the commission for the creation of a surplus until such

760

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

surplus shall amount to the sum of one hundred thousand dollars, and
thereafter five per centum of such premiums until such time as in the
judgment of the commission such surplus shall be sufficiently large to
cover the catastrophe hazard. The commission shall also set up and
maintain reserves 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
of insurance.
Investm ents.
’ S e c . 93 (as amended by ch. 622, acts of 1916). Any of the surplus
or reserve funds belonging to the State insurance fund may, pursuant
to a resolution of the commission approved by the superintendent of
insurance, be invested in or loaned on the pledge of any of the securities
in which deposits of insurance corporations are required to be invested
pursuant to section thirteen of the insurance law, or in the public
stocks or bonds of any one of the United States, or in bonds and mort
gages on improved unincumbered real property in this State worth fifty
per centum more than the amount loaned thereon. All such securities
or evidences of indebtedness shall be placed in the hands of the State
treasurer, who shall be the custodian thereof. He shall collect the
principal and interest 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 two members of the commission, upon delivery of such
securities or evidences of indebtedness to him, when there is attached
to such vouchers a certified copy of the resolution of the commission
authorizing the investment. The commission may, upon like resolu
tion approved by the superintendent of insurance, sell any of such
securities.
Expense of ads Ec. 94 (as amended by ch. 622, acts of 1916). The entire expenses
ministration.
0 f administering the State insurance fund shall be paid in the first
instance by the State, out of moneys appropriated therefor. In the
month of July, nineteen hundred and seventeen, and annually there
after in such month, the commission shall ascertain the just amount
incurred by the commission during the preceding fiscal year, in the
administration of the State insurance fund, and shall refund such
amount to the State treasury. If there be employees of the com
mission other than the commissioners themselves and the secretary
whose time is devoted partly to the general work of the commis
sion and partly to the work of the State insurance fund, and in case
there is other expense which is incurred jointly on behalf of the general
work of the commission and the State insurance fund, an equitable
apportionment of the expense shall be made for such purpose and the
part thereof which is applicable to the State insurance fund shall be
chargeable thereto.
Risks and preS e c . 95. Employments coming under the provisions of this chapter
miums.
shall be divided for the purposes of the State fund into the groups set
forth in section two of this chapter. Separate accounts shall be kept
of the amounts collected and expended in respect to each such group
for convenience in determining equitable rates; but for the purpose of
paying compensation the State fund shall be deemed one and indivisi
ble. The commission shall have power to rearrange any of the groups
set forth in section two by withdrawing any employment embraced in
it and transferring it wholly or in part to any other group, and from
such employments to set up new groups at its discretion. The com
mission shall determine the hazards of the different classes composing
each group and fix the rates of premium therefor based upon the total
pay roll and number of employees in each of such classes of employment
at the lowest possible rate consistent with the maintenance of a solvent
State insurance fund and the creation of a reasonable surplus and
reserve; and for such purpose may adopt a system of schedule rating
in such manner as to take account of the peculiar hazard of each indi
vidual risk.
Associations for
Sec. 96. The employers in anv of the groups described in section
tion
preven" two or established by the commission may, with the approval of the
commission, form themselves into an association for accident preven
tion, and may make rules for that purpose. If the commission is of the
opinion that an association so formed sufficiently represents the em-

TEXT OF LAWS----NEW YORK.

761

ployers in such group it may approve such rules, and when so approved
by the industrial board of the labor department they shall be binding
on all employers in such group. If such an approved association
appoint an inspector or expert for the purpose of accident prevention,
tne comimssion may at its discretion provide in whole or in part for
the payment of the remuneration and expenses of such inspector or
expert, such payment to be charged in the accounting to such group.
Every such approved association may make recommendations to the
commission concerning the fixing of premiums for classes of hazards
and for individual risks within such group.
Sec. 97 (as amended by ch. 622, acts of 1916, and chapter 705, acts R u.ies ?s
of 1917). The following requirements shall be observed in classifying g{£ssificatl0ns>
employments and fixing and adjusting premium rates:
1 . The commission shall keep an accurate account of the money
paid in premiums by each of the several classes of employments or
industries, and the disbursements on account of injuries and deaths
of employees thereof, including the setting up of reserves adequate to
meet anticipated losses and to carry the claims to maturity, and also,
an account of the money received from each individual employer and
the amount disbursed from the State insurance fund on account of
injuries and death of the employees of such employer, including the
reserves so set up;
2 . January first, nineteen hundred and fifteen, and every fifth year
thereafter, and at such other times as the commission, in its discretion,
may determine, a readjustment of the rate shall be made for each of
the several groups of employment or industries and of each hazard
class therein, which, in the judgment of the commission, shall have
developed an average loss ratio, m accordance with the experience of
the commission in the administration of the law as shown by the ac
counts kept as provided herein;
3. If any such accounting show an aggregate balance (deemed by the
commission to be safely and properly divisible) remaining to the credit
of any class of employment or industry, after the amount required shall
have been credited to the surplus and reserve funds and after the pay
ment of all awards for injury or death lawfully chargeable against the
same, the commission may in its discretion credit to each individual
member of such group, who shall have been a subscriber to the State
insurance fund for a period of six months or more prior to the time of
such readjustment, and whose premium or premiums exceed the
amount of the disbursements from the fund on account of injuries or
death of his employees during such period, on the installment or in
stallments of premiums next due from him, such proportion of such
balance as the amount of his prior paid premiums sustains to the whole
amount of such premiums paid by the group to which he belongs since
the last readjustment of rates. In the event that any member of the
group who has heretofore or shall hereafter withdraw would have be
come entitled to such dividend if he had remained in the fund the
commission is empowered to pay the amount of the dividend to such
employer.
4. If the amount of premiums collected from any employer at the
beginning of any period of six months is ascertained and calculated by
using the estimated expenditure of wages for the period of time covered
.by such premium payment as a basis, an adjustment of the amount of
such premium shall be made at the end of such six months, and the
actual amount of such premium shall be determined in accordance
with the amount of the actual expenditure of wages for such period;
and, if such wage expenditure for such period is less than the amount
on which such estimated premium was collected, such employer shall
be entitled to receive a refund from the State insurance fund of the
difference between the amount so paid by him and the amount so
found to be actually due, or to have the amount of such difference
credited on succeeding premium payments, at his option; and if such
actual premium, when so ascertainedj exceeds in amount a premium
so paid by such employer at the beginning of such six months, such
employer shall immediately, upon being advised of the true amount
of such premium due, forthwith pay to the treasurer of the State an
amount equal to the difference between the amount actually found to

762

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

OF THE UNITED STATES.

be due and the amount paid by him at the beginning of such six
months’ period.
Premiums payS e c . 98. Except as otherwise provided in this chapter, all premiums
able, when.
shall be paid by every employer into the State insurance fund on or
before July first, nineteen hundred and fourteen, and semiannually
thereafter, or at such other time or times as may be prescribed by the
commission. The commission shall mail a receipt for the same to the
employer and place the same to the credit of the State insurance fund
in the custody of the State treasurer.
C o lle c tio n o f
S e c . 99. If an employer shall default in any payment required to be
premiums.
made by him to the State insurance fund, tne amount due from him
shall be collected by civil action against him in the name of the people
of the State of New York, and it shall be the duty of the commission
on the first Monday of each month after July first, nineteen hundred
and fourteen, to certify to the attorney general of the State the names
and residences, or places of business, of all employers known to the
commission to be in default for such payment or payments for a longer
period than five days and the amount due from such employer, and it
shall then be the duty of the attorney general forthwith to bring or
cause to be brought against each such employer a civil action in the
proper court for the collection o f such amount so due, and the same
when collected shall be paid into the State insurance fund, and such
employer’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 of said money so collected as aforesaid to the State
treasurer for credit to the State insurance fund.
Withdrawal of S e c . 100. Any employer may, upon complying with subdivision
S
yerS
m two or three o f section fifty of this chapter, withdraw from the fund
by turning in his insurance contract for cancellation: Provided, He is
not in arrears for premiums due the fund and has given to the com
mission written notice of his intention to withdraw within thirty days
before the expiration of the period for which he has elected to insure
in the fund: Provided, That in case any employer so withdraws, his
liability to assessments shall, notwithstanding such withdrawal, con
tinue for one year after the date of such withdrawal as against all liabi
lities for such compensation accruing prior to such withdrawal.
Payrolls.
S e c . 101. Every employer who is insured in the State insurance
fund shall keep a true and accurate record of the number of his em
ployees and the wages paid by him, and shall furnish to the commis
sion, upon demand, a sworn statement of the same. Such record shall
be open to inspection at any time and as often as the commission shall
require to verify the number of employees and the amount of the pay
roll.
Falsification of
S e c . 102. An employer who shall willfully misrepresent the amount
pay roils.
of the pay roll upon which the premiums chargeable by the State in
surance fund is to be based shall be liable to the State in ten times the
amount of the difference between the premiums paid and the amount
the employer should have paid had his pay roll been correctly com
puted; and the liability to the State under this section shall be en
forced in a civil action in the name of the State insurance fund, and
any amount so collected shall become a part of such fund.
M isrepresentaS e c . 103. Any person who willfully misrepresents anv fact in order
s*
to obtain insurance in the State insurance fund at less than the proper
rate for such insurance, or in order to obtain payment out of such fund,
shall be guilty of a misdemeanor.
inspections.
S e c . 104. The commission shall have the right to inspect the plants
and establishments of employers insured in the State insurance fund;
and the inspectors designated by the commission shall have free access
to such premises during regular working hours.
in f o r m a t i o n
S e c . 105. Information acquired by the commission or its officers or
confidential.
employees from employers or employees pursuant to this chapter shall
not be opened to public inspection, and any officer or employee of the
commission who, without authority of the commission or pursuant to
its rules or as otherwise required by law, shall disclose the same shall be
guilty of a misdemeanor.
Reports.
Sec. 106 (added by chapter 622, acts of 1916). The commission shall
make reports to the superintendent of insurance concerning the State

TEXT OF LAWS----NEW YORK.
insurance fund at the same times and in the same manner as is required
from mutual employers’ liability and workmen’s compensation cor
porations 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 deter
mining the condition of the investments and the adequacy of the
reserves of such fund.

763

Examinations,

Article 6.
S e c t i o n 110. All penalties imposed by this chapter shall be appli- Penalties go to
cable to the expenses of the commission. When collected by the com- exPense funds,
mission such penalties shall be paid into the State treasury and be
thereafter appropriated by the legislature for the purposes prescribed
by this section.
Sec. I l l . Every employer shall keep a record of all injuries, fatal Accidents to be
or otherwise, received by his employees in the course of their employ- reP°rtedment. Within ten days after the occurrence of an accident resulting
in personal injury a report thereof shall be made in writing by the em
ployer to the commission upon blanks to be procured from the commis
sion for that purpose. Such report shall state the name and nature of
the business of the employer, the location of his establishment or place
of work, the name, address, and occupation of the injured employee,
the time, nature, and cause of the injury and such other information
as may be required by the commission. An employer who refuses or
neglects to make a report as required by this section shall be guilty of
a misdemeanor, punishable by a fine of not more than five hundred
dollars.
S e c . 112. Every employer shall furnish the commission, upon re- Employers to
quest, any information required by it to carry out the provisions of ^on!
m
“
tnis chapter. The commission, a commissioner, deputy commissioner,
or any person deputized by the commission for that purpose, may
examine under oath any employer, officer, agent, or employee. An
employer or an employee receiving from the commission 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 for such failure. An
swers to such questions shall be verified under oath and returned to
the commission within the period fixed by the commission therefor.
Sec. 113. All books, records, and pay rolls of the employers showing inspection of
or reflecting in any way upon the amount of wage expenditures of such o ? a ? . Brs rec"
employers shall always be open for inspection by the commission
or any of its authorized auditors, accountants, or inspectors for
the purpose of ascertaining the correctness of the wage expenditure
and number of men employed and such other information as may be
necessary for the uses and purposes of the commission in the adminis
tration of this chapter.
Sec. 114. The provisions of this chapter shall apply to employers and Interstate comemployees engaged in intrastate, and also in interstate or foreign m<?rcecommerce, for whom a rule of liability or method of compensation has
been or may be established by the Congress of the United States, only
to the extent that their mutual connection with intrastate work may
and shall be clearly separable and distinguishable from interstate or for
eign commerce, except that such employer and his employees working
only in this State may, subject to the approval and in the manner pro
vided by the commission and so far as not forbidden bv any act of Con
gress, accept and become bound by the provisions or this chapter in
like manner and with the same effect in all respects as provided herein
for other employers and their employees.
S ec 115. If for the purpose of obtaining any benefits or payment Fa*se state*
under the provisions of this chapter, either for himself or any othermen *
person, any person willfully makes a false statement or representation,
he shall be guilty of a misdemeanor.
S e c . 116. No limitation of time provided in this chapter shall run Limitations as
as against any person who is mentally incompetent or a minor depend- 0 mconiPe en
ent so long as he has no committee, guardian, or next friend.

764

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 .

n ° ? missioner

^EC*
commissioner of labor shall render to the commission
any proper aid and assistance by the department of labor as in his
judgment does not interfere with the proper conduct of such depart
ment.
invalidity of
S e c . 118. If any section or provision of this chapter be decided by
part of aw.
the courts to be unconstitutional or invalid, the same shall not affect
the validity of the chapter as a whole or any part thereof other than the
part so decided to be unconstitutional or invalid.
Pending causes.
S e c . 119. This act shall not affect any action pending or cause of
action existing or which accrued prior to July first, nineteen hundred
and fourteen.
Article 7.
0 a or*

Act takes efect, wnen.

S e c t i o n 131. This chapter shall take effect immediately: Provided,
That the application of this chapter as between employers and em
ployees ana the payment of compensation for injuries to employees or
their dependents, in case of death, shall take effect July first, nineteen
hundred and fourteen, but payments into the State insurance fund may
be made prior to July first, nineteen hundred and fourteen.
Approved March 16, 1914.

ACTS OF 1914.
C h a p ter

16.— Workmen’s compensation insurance— Premium rates.

1. Article one of chapter * * * twenty-eight of the
Consolidated Laws is hereby amended by adding at the end thereof a
new section, to be section sixty-seven, to read as follows:
Ra<*?Stobeap
Section 67. Every insurance corporation or association, except the
proved.
State insurance fund as administered by the State workmen ’ s compen
sation commission, authorized to transact business in this State, wtdch
insures employers against liability for compensation under the work
men’s compensation law, shall file with the superintendent of insur
ance its classification of risks and premiums relating thereto, and any
subsequent proposed classification of risks and premiums, together with
basis rates and schedules, if a system of schedule rating be in use, none
of which shall take effect until the superintendent of insurance shall:
have approved the same as adequate for the risks to which they respect
ively apply. The superintendent of insurance may withdraw his ap
proval of any premium rate or schedule made by any insurance corpo
ration or association if, in his judgment, such premium rate or schedule
is inadequate to provide the necessary reserves.
Became a law March 4, 1914.
S e c t io n

ACTS OF 1915.
C h a p ter
C om pensation

ish€cL1SS10n

S e c t io n

674.— Workmen’s compensation commission— Transfer of
powers, etc.
4. The State workmen’s compensation commission, created

218 provided in section sixty of the workmen’s compensation law

[chapter 816, acts of 1913], is hereby abolished, and the terms of office
of tne members of such commission then in office shall cease on the
appointment and qualification of the members of the industrial com
mission. All the powers, duties, obligations, and liabilities conferred
or imposed by law upon the workmen’s compensation commission by
the workmen’s compensation law or any other statute are hereby con
ferred and imposed upon the State industrial commission, and such
commission may exercise and perform such powers and duties and
shall be subject to such obligations and liabilities in the same manner,
Functions con- to the same extent, and with the same force and effect as would have
tinning.
been the case had the workmen’s compensation commission been con
tinued in office. For the purpose of exercising such powers, perform
ing such duties, being subjected to such obligations and liabilities, the
State industrial commission shall be deemed to be a continuation of
such workmen’s compensation commission. The offices of secretary
to the workmen’s compensation commission and of the deputies ap
pointed by the workmen’s compensation commission are hereby

TEXT OF LAWS— NEW YORK.

765

abolished, and the powers and duties of snch officers then in office
shall cease upon the appointment and qualification of the members
of the industrial commission.
S e c . 5. All other officers, assistants* inspectors, and employees of Employees hold
the department of labor or the workmen’s compensation commission over*
in office when this act takes effect shall continue in office until re
moved by the industrial commission or until their offices are abolished
as provided by law.
S e c . 6 . The rules, regulations, and orders of the commissioner of Rules continue,
labor, the industrial board, or the workmen’s compensation commis
sion in force when this act takes effect enacted or promulgated pursuant
to law are continued in full force and shall be operative until modified,
superseded, or repealed by the industrial commission. This act shall
not affect pending cases or proceedings, civil or criminal, brought by
or against the commissioner of labor or the workmen’s compensation
commission. All proceedings, hearings, investigations, and other
matters pending before the commissioner of labor, the industrial board,
or the workmen’s compensation commission shall be continued and
brought to final determination before the industrial commission in the
same manner as though the commissioner of labor, the industrial board,
and the workmen’s compensation commission had been continued in
office. Any award or determination made by the workmen’s compen
sation commission prior to the taking effect of this act shall have the
same force and effect as though the workmen’s compensation com
mission had been continued in office.
S e c . 7. Whenever the term “ department of labor,” “ commissioner Use of terms,
of labor,” “ industrial board,” or “ workmen’s compensation commis
sion ” occurs in any law or in any rule or regulation made in pursu
ance of law, or whenever in any law reference is made to such depart
ment, commissioner, board, commission, or officer, such term or
reference shall be deemed to mean the industrial commission as estab
lished by this act.
Became a law May 22 , 1915.
ACTS OF 1916.
Ch a p t e r

478.— Workmen’s compensation
public works.

^
insurance— Contracts for

S e c t io n 1 . Article five of chapter twenty-four of the Consolidated
Laws is hereby amended by adding at the end thereof a new section,
to be section ninety, to read as follows:
Section 90. Each contract to which a municipality, or any public Contracts with
department or official thereof, is a party and which is of such a character mmuciP
sthat the employees engaged thereon are required to be insured by the
provisions of chapter forty-one of the laws of nineteen hundred and
fourteen, known as the workmen’s compensation law, and acts
amendatory thereto, shall contain a stipulation that the same shall be
void and of no effect unless the person or corporation making or per
forming the same shall secure compensation for the benefit of, and
keep insured during the life of said contract, such employees, in com
pliance with the provisions of said law.
S e c . 2. Article two of chapter fifty-six of the Consolidated Laws
is hereby amended by adding at the end thereof a new section, to
be section fifty-one, to read as follows:
S e c t i o n 51. Each contract to which the State, any public depart- thCoottrf cts with
ment or official thereof, or a commission appointed pursuant to law is
statea party and which is of such a character that the employees engaged
thereon are required to be insured by the provisions of chapter fortyone of the laws of nineteen hundred and fourteen, known as the work
men’s compensation law, and acts amendatory thereto, shall contain
a stipulation that the same, shall be void and of no effect unless the
person or corporation making or performing the same shall secure
compensation for the benefit o f a n d keep insured during the life of
said contract, such employees, in compliance with the provisions of
said law.
Became a law May 9, 1916.

NORTH DAKOTA.
ACTS OF 1919.
Ch a p t e r

Rem edy exclu
sive.

Definitions.

162.— Compensation of workmen for injuries—State insurance
fund.

S e c t io n 1 . The State of North Dakota, exercising herein its police
and sovereign powersf hereby declares that the prosperity of the State
depends in a large measure upon the well-being of its wage workers,
and, therefore, for workmen injured in hazardous employments, and
their families and dependents, sure and certain relief is hereby pro
vided regardless of questions of fault and to the exclusion of every
other remedy, proceeding, or compensation, except as otherwise pro
vided in this act; and to that end all civil actions and civil causes of
action for such personal injuries and all jurisdiction of the courts of
the State over such causes are hereby abolished, except as in this act
provided.
S e c . 2. Whenever used in this act—
“ Employment” includes employment by the State and all political
subdivisions thereof, and all public and quasi-public corporations
therein, and all private employments.
“ Hazardous employment” means any employment in which one or
more employees are regularly employed in the same business, or in or
about the same establishment, except agriculture and domestic serv
ice and any common carrier by steam railroad.
“ Employee” means every person engaged in a hazardous employ
ment under any appointment or contract of hire, or apprenticeship
express or implied, oral or written, including aliens, and also including
minors, whether lawfully or unlawfully employed, but excluding any
person whose employment is both casual and not in the course of the
trade, business, profession, or occupation of his employer.
“ Employer” means the State and all political subdivisions thereof,
all public and quasi-public corporations therein, and every person,
partnership, association, and private corporation, including any pub
lic service corporation, and the legal representative of any deceased
employer, or the receiver or trustee of a person, partnership, associa
tion, or corporation carrying on a hazardous employment.
“ Injury” means only an injury arising in the course of employment,
including an injury caused by the wilful act of a third person directed
against an employee because of his employment, but shall not include
injuries caused by the employee’s wilful intention to injure himself or
to injure another. If the employer claims an exemption or forfeiture
under this section the burden of proof shall be upon him.
“ Partial disability” includes disfigurement resulting from an injury
such as to diminish ability to obtain employment.
“ Wages” shall include the market value of board, lodging, fuel, and
other advantages which can be estimated in money which the employee
receives from the employer as a part of his remuneration.
“ Weekly wages” shall be computed in such a manner as is best
calculated to give the average weekly earnings of the workman during
the twelve months preceding his injury: Provided, That where, by
reason of the shortness of the time during which the workman has been
in the employment or the terms of the employment, it is impracticable
to compute the rate of remuneration, regard may be had to the average
weekly earnings which, during the twelve months previous to the
injury, were being earned b y a person in the same grade of employment
at the same work by the employer of the injured workman, or if there
is no person so employed, by a person in the same grade employed in
the same class of employment and in the same district. If a workman
at the time of the injury is regularly employed in a higher grade of

766

TEXT OF LAWS— NORTH DAKOTA.

767

work than formerly during the year and with a larger regular wages,
only such larger wages shall be taken into consideration in computing
his average weekly wages.
“ Child ” includes stepchildren, adopted children, posthumous chil
dren, and acknowledged illegitimate children, but does not include
married children unless dependent. “ Brother” and “ sister” include
stepbrothers and stepsisters, half brothers and half sisters, and brothers
and sisters b y adoption, but do not include married brothers nor mar
ried sisters unless dependent. All of the above terms and the term
“ grandchild ” include only persons who at the time of the death of the
deceased employee are under eighteen years of age or over that age and
incapable of self-support. ‘ ‘ Parent ” includes step-parents and parents
by adoption. 11Widow ” includes only the decedent’s wife living with
or dependent for support upon him at the time of his injury. “ Wid
ower” includes only the decedent’s husband dependent for support
upon her at the time of her injury. “ Adopted” and “ adoption”
include only legal adoption prior to the time of the injury.
Any term shall include the singular and plural, and both sexes where
the context so requires.
S e c . 3. On and after July 1, 1919, it shall be the duty of the work- Benefits to be
men’s compensation bureau hereinafter created to disburse compensa- pai *
tion from the North Dakota workmen’s compensation fund to any
employee subject to this act for injury arising in the course of employ
ment in accordance with the following provisions:
A . Immediately after an injury sustained by an employee and during Medical, etc.,
the resulting period of disability the North Dakota workmen’s compensation fund shall furnish to such employee such medical, surgical and
hospital service and supplies as the nature of the injury may require.
B . During the first seven days of disability the employee shall not be W aiting tim e,
entitled to compensation except as provided in the preceding para
graph, provided that if the period of disability exceeds seven days
compensation shall be paid from the date of injury.
C. If the injury cause total disability the North Dakota workmen’s T°tal disabilcompensation fund shall pay to the disabled employee during such y*
disability a weekly compensation equal to sixty-six and two-thirds per
cent of his weekly wages.
D. If the injury cause temporary partial disability the North Dakota Temporary parworkmen’s compensation fund shall pay to the disabled employee durdisability,
ing such disability a weekly compensation equal to sixty-six and
two-thirds per cent of his loss in earning capacity.
E. If the injury cause permanent partial disability the percentage
vutvPar"
which such disability bears to total disability, taking into consideradisability,
tion the employee’s age and occupation, shall be determined and the
North Dakota workmen’s compensation fund shall pay to the disabled
employee a weekly compensation equal to sixty-six and two-thirds per
cent of his weekly wages for the following periods:
Weeks.

For a one per cent disability........................................
5. 2
For a ten per cent disability......................................... 52
For a twenty per cent disability.................................. 104
For a thirty per cent disability.................................... 156
For a forty per cent disability............................... •___ 208
For a fifty per cent disability....................................... 260
For a sixty per cent disability......................................312
For a seventy per cent disability................................. 364
For an eighty per cent disability.................................416
For a ninety per cent disability...................................468
The bureau shall immediately fix and file its schedule of specific
benefits to be allowed for specific injuries, but such schedule shall not
be changed more than once in each year. The bureau shall not decrease,
but may, however, in any case, for cause shown, increase such specific
benefits.
F.
The weekly compensation for total disability shall not be more Maximum and
than $20 nor less than $6 , unless the employee’s weekly wages are less Sent?Um pay"
than $ 6, in which case his weekly compensation shall be the full amount
of his weekly wages. The weekly compensation for partial disability
shall not be more than $20. In the case of persons who at the time of

768

Death.

WORKMEN’ S COMPENSATION LAWS OF THE UNITED STATES.
the injury were minors or employed in a learner’s capacity and who
were not physically or mentally defective, the bureau shall, on any re
view after the time when the weekly wage-earning capacity of such per
son would probably but for the injury have increased, award compensa
tion based on such probable weekly wage-earning capacity.
G. If death results from the injury within six years the North
Dakota workmen’s compensation fund shall pay to the following
persons for the following periods a weekly compensation equal to the
following percentages of the deceased employee’s weekly wages, subject
to the modification that no compensation shall be paid where death
takes place more than one year after the cessation of disability resulting
from such injury, or, if there has been no disability preceding death
more than one year after the injury:
(a) To the widow, if there is no child, thirty-five per cent. This
compensation shall be paid until her death or marriage. In case of
marriage, there shall be paid to her a lump sum equal to 156 weeks’
compensation.
(b) To the widower, if there is no child, thirty-five per cent if wholly
dependent for support upon the deceased employee at the time of her
death. This compensation shall be paid until his death or marriage.
(c) To the widow or widower, if there is a child, the compensation
payable under the clause (a) or clause (b) and in addition thereto ten
per cent for each child, not to exceed a total of sixty-six and two
thirds per cent for such widow or widower and children. The com
pensation payable on account of any child shall cease when he dies,
marries, or reaches the age of eighteen, or, if over eighteen and in
capable of self-support, becomes capable of self-support.
(d) To the children, if there is no widow or widower, twenty-five
per cent for one child and ten per cent additional for each additional
child not to exceed a total of sixty-six and two-thirds per cent, divided
among such children share and share alike. The compensation of each
child shall be paid until he dies, marries, or reaches the age of eighteen,
or, if over eighteen and incapable of self-support, becomes capable
of self-support. The compensation of a child under legal age shall be
paid to its guardian.
(e) To the parents, if one is wholly dependent for support upon the
deceased employee at the time of his death and the other is not
dependent to any extent, twenty-five per cent; if both are wholly
dependent, twenty per cent to each; if one is or both are partly de
pendent, a proportionate amount in the discretion of the bureau.
The above percentages shall be paid if there is no widow, widower,
or child. If there is a widow, widower, or child, there shall be paid
so much of the above percentages as, when added to the total per
centages payable to the widow, widower, and children, will not exceed
a total of sixty-six and two-thirds per cent.
(/) To the brothers, sisters, grandparents, and grandchildren, if one
is wholly dependent upon the deceased employee for support at the
time of his death, twenty per cent to such dependent; if more than one
are wholly dependent, thirty per cent divided among such dependents
share and share alike; if there is no one of them wholly dependent,
but one or more partly dependent, ten per cent divided among such
dependents share and share alike. The above percentages shall be
paid if there is no widow, widower, child or dependent parent. If
there is a widow, widower, child, or dependent parent, there shall be
paid so much of the above percentages as, when added to the total
percentages payable to the widow, widower, children, and dependent
parents, will not exceed a total of sixty-six and two-thirds per cent.
(g) The compensation of each beneficiary under clause (e) may
continue until such dependent parent dies, marries, or ceases to be
dependent, and the compensation of each beneficiary under clause (f)
shall be paid for a period of eight years from the time of the death,
unless before that time, he, if a grandparent, dies, marries, or ceases
to be dependent, or, if a brother, sister, or grandchild, dies, marries,
, or reaches the age of eighteen, or, if over eighteen and incapable of
self-support, becomes capable of self-support. The compensation of a
brother, sister, or grandchild under legal age shall be paid to his or
her guardian.

TEXT OF LAWS— NORTH DAKOTA.

769

(h) Upon the cessation of compensation under this section to or on Adjustments.
account of any person, the compensation or [of] the remaining persons
entitled to compensation for the unexpired part of the period during
which their compensation is payable shall be that which such persons
would have received if they had been the only persons entitled to
compensation at the time of the decedent’s death.
(i) In case there are two or more classes of persons entitled to
compensation under this section and the apportionment of such com
pensation above provided would result in injustice, the bureau may,
in its discretion, modify the apportionment to meet the requirements
of the case.
(j) If any person entitled to compensation under this section
whose compensation by the terms of this section ceases upon his
marriage, accepts any payments of compensation after his marriage,
he shall be guilty of a misdemeanor.
(k) In computing compensation in case of death the weekly wages Basic wages.
of the deceased shall be considered to have been not more than $30
nor less than $18, but the total weekly compensation shall not exceed
the weekly wages of the deceased.
H. In case of death or of permanent total or permanent partial Lump sums.
disability, and if the bureau determines that it is for the best interest
of the beneficiary, the liability for compensation to such beneficiary
may be discharged by the payment of a lump sum equal to the present
value of all future payments of compensation computed at four per
cent discount compounded annually. The probability of the
beneficiary’s death before the expiration of the period during which
he is entitled to compensation shall be determined according to the
American Experience Table of Mortality; but in case of compensation
to the widow or widower of the deceased employee, such lump sum
shall not exceed 416 weeks’ compensation. The probability of the
happening of any other contingency affecting the amount or duration
of the compensation shall be disregarded.
I. If death results from the injury within six years the North Dakota
workmen’s compensation fund shall pay to the personal representative
of the deceased employee burial expense not to exceed $100.
S e c . 4 (as amended by ch. 73, acts of special session, 1919). A work Bureau created.
men’s compensation bureau is hereby created in the department of
agriculture and labor, consisting of the commissioner of agriculture and
labor and the commissioner of insurance and three (3) workmen’s com
pensation commissioners, to be appointed by the governor, and who
shall devote their entire time to the duties of the bureau. The gov
ernor shall appoint, and may remove for cause, three workmen’s com
pensation commissioners, one for the term of three years, expiring on
the second Monday of January, 1923, one for the term of four years ex
piring on the second Monday in January, 1924, and one for the term of
five years, expiring on the second Monday of January, 1925; and at the
expiration of each of said terms the commissioner then appointed shall
be appointed for a period of five years; and it is hereby provided that
the present commissioners acting on said bureau under appointment,
ore for the short term of three years, shall hold office until the second
Monday of January, 1923, and that the commissioner appointed for
the long term of five years shall hold office until the second Monday
of January, 1925. That one of the appointees on said bureau shall be
a representative of the employers, and one of the appointees of said Representation.
bureau shall be a representative of labor, and that one of the ap
pointees on said bureau shall be a representative of the public.
The commissioner of agriculture and labor shall be ex officio head of Head.
the bureau and the commissioner of insurance shall be ex officio mem
ber of the bureau. The other members of the bureau shall receive a
salary of $2,500 a year.
The bureau shall be provided with offices in the capitol, or in some Offices.
other suitable building in the city of Bismarck, in which its records
shall be kept, and it shall also be provided with necessary office furni
ture, stationery, and other supplies. The bureau shall have a seal for
the authentication of its orders, awards, and proceedings, upon which
shall be inscribed the words, “ Workmen’s Compensation Bureau—
177982°— 21—Bull. 272------ 49

770

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 .

North Dakota—Seal.?7 It shall employ such assistants and clerical help
as it may deem necessary, and fix the compensation of all persons so
Assistants.
employed: Provided, That all such clerical assistants shall be subject
to existing laws regulating the selection, grading, and compensation of
department clerks. The members of the bureau and its assistants shall
be entitled to receive from the fund their actual and necessary expenses
while traveling on the business of the bureau, but such expenses shall be
sworn to by the persons who incurred the same, and shall be approved
by the chairman of the bureau before payment is made.
Expenses.
The bureau may make necessary expenditures to obtain statistical
and other information required for the enforcement of this act. The
salaries and compensation of the members of the bureau, of the secre
tary and all actuaries, accountants, inspectors, examiners, experts,
clerks, physicians, stenographers, and other assistants, and all other
expenses of the bureau herein authorized, including the premium to
be paid by the State treasurer for the bond to be furnished by him,
shall be audited and paid out of the workmen’s compensation fund and
and the appropriation herein made in the manner prescribed for similar
expenditures m other departments or branches of the State sendee:
Provided, however, The same shall not exceed in any one year the sum
of fifty thousand dollars.
Rules.
The bureau may make rules not inconsistent with this act for carry
ing out the provisions of this act. Process and procedure under this
act shall be summary and simple as reasonably may be. The bureau
shall not be bound by the usual common law or statutory rules of evi
dence or by any technical or formal rules of procedure, other than as
herein provided; but may make investigation in such manner as in its
judgment is best calculated to ascertain the substantial rights of the
parties and to carry out justly the spirit of this act. The bureau or any
member thereof, shall have the power to subpoena witnesses, adminis
ter oaths, and to examine such of the books and records of the parties
to a proceeding as relate to the questions in dispute, and shall file a
report of the same in their office. The bureau shall cause to be printed
and furnished free of charge to any employer or employee such blank
forms as it shall deem requisite to facilitate or promote the efficient
administration of this act.
Powers.
The bureau is hereby vested with full power and jurisdiction over,
and shall have such supervision of, every employment and place of
employment subject to this act as may be necessary adequately to
enforce and administer all laws and regulations requiring such employ
ment and place of employment to be safe, and shall issue safety regu
lations whenever necessary.
Rehabilitation,
i t is hereby declared to be the intent of this act to restore to industry
those injured in the course of employment. The bureau shall accord
ingly assist industrial cripples to obtain appropriate training, education,
and employment, and may cooperate with the Federal Board of Voca
tional Education for this purpose.
Duty of em S e c . 5 . Every employer shall furnish the bureau upon request all
p oyer'
the information required by it to carry out the purposes of this act.
In the month of July of each year every employer of the State, carrying
on a hazardous employment, as defined in section two, shall prepare and
mail to the bureau at its main office in the city of Bismarck, a statement
containing the following information, viz: The number of employees
employed during the preceding year from July 1 to June 30, inclusive;
the number of such employees employed at each kind of employment;
and the aggregate amount of wages paid to such employees, which
information shall be furnished on blanks to be prepared by the bureau;
and it shall be the duty of the bureau to furnish such blanks to employ
ers free of charge upon request therefor. Every employer receiving
from the bureau any blank, with directions to fill out the same, shall
cause the same to be properly filled out so as to answer fully and cor
rectly all questions therein propounded, and to give all the informa
tion therein sought, or if unable to do so, he shall give to the bureau
in writing good and sufficient reasons for such failure, The bureau
Information may require that the information herein required to be furnished be
un er oa .
verified under oath and returned to the bureau within the period fixed
by it or by law. The bureau or any member thereof, or any person

TEXT‘ OF LAWS----NORTH DAKOTA.

771

employed by the bureau for that purpose, shall have the right to ex
amine, under oath, any employer, officer, agent, or employee thereof
for the purpose of ascertaining any information which such employer
is required by this act to furnish to the bureau. Any employer who
shaH fail or refuse to furnish to the bureau the annual statement herein
required, or who shall fail or refuse to furnish such other information
as may be required by the bureau under authority of this section, shall
be liable to a penalty of five hundred dollars ($500), to be collected
in civil action brought against said employer in the name of the State;
all such penalties, when collected, shall be paid into the North Dakota
workmen’s compensation fund and become a part thereof.
All books, records, and pay rolls of the employers of the State, show- Access to books,
ing or reflecting in any way upon the amount of wage expenditure of
*
such employers, shall always be open for inspection by the bureau or
any of its traveling auditors, inspectors, or assistants, for the purpose of
ascertaining the correctness of the wage expenditure, the number of
men employed, and such other information as may be necessary' for the
uses and purposes of the bureau in its administration of the law. Re
fusal on the part of any employer to submit his books, records, and pay
rolls for the inspection of any member of the bureau or traveling audi
tor, inspector, or assistant presenting written authority from the bureau,
shall'subject such employer to a penalty of one hundred dollars ($100)
for each such offense, to be collected by civil action in the name of the
State and paid into the workmen ?s compensation fund to become a part
thereof.
Any employer who misrepresents to the bureau the amount of pay Misrepresent*roll upon which the premium under this act is based, shall be liable to n*
to the State in ten times the amount of the difference between the preminum paid and the amount the employer should have paid. The
liability to the State under this section shall be enforced in a civil
action in the name of the State, and all sums collected under this section
shall be paid into the workmen’s compensation fund.
The information contained in the employers* reports to the bureau Information
shall be for the exclusive use and information of said bureau in the dis- c
ia
charge of its official duties, and shall not be open to the public nor be used
in any court in any action or proceeding pending therein unless the bu
reau is a party to such action or proceeding; but the information con
tained in said report may be tabulated and published by the department,
in statistical form, for the use and information of the State departments
and the public. Any person in the employ of the bureau who shall
divulge any information secured by him in respect to the transactions,
property or business of any company, firm, corporation, person, associa
tion, copartnership, or public utility to any person other than the
members of the bureau, while acting as an employee of the bureau shall
be guilty of a misdemeanor and upon conviction thereof shall thereafter
be disqualified from holding any appointment with the bureau.
S ec. 6 . Every employer subject to this act shall contribute to the Payments ta
North Dakota workmen's compensation fund in proportion to the llnP*
annual expenditure of money by such employer for the service of
persons subject to the act, the amount of such payments and the
method of making the same to be determined as hereinafter provided.
An employer securing the payment of compensation by contributing
premiums to the workmen’s compensation fund shall thereby be
relieved from all liability for personal injuries or death sustained by
his employees and the persons entitled to compensation under this act
shall have recourse therefor only to the North Dakota workmen’s
compensation fund and not to the employer.
S ec . 7. The workmen's compensation bureau shall classify employ- Classifications,
ments with respect to their degree of hazard and shall determine the
risks of the different classifications and shall fix the rates of premium
for'each of said classifications sufficiently high to provide for the pay
ment of the expenditures of the bureau, the payment of compensation
according to the schedules established by this act and for the mainten
ance of adequate reserves and surplus by the North Dakota workmen’s
compensation fund to the end that such fund may be kept at all times
in an entirely solvent condition.

772

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Rates.

Accounts.

Surplus.

A n n u al p a y ments.

Adjustments.

Second injuries.

Defaults.

e n ’s

c o m

p e n s a t io n

la w

o f

t h

u n i t e d

s t a t e s .

It shall be the duty of the workmen’s compensation bureau, in the
exercise of the powers and discretion conferred upon it, ultimately to
fix and maintain, for each class of occupation, the lowest possible rates
of premium consistent with the payment of the expenditures of the
bureau, the maintenance of a solvent compensation fund and the
creation and maintenance of a reasonable surplus, after the payment
of legitimate claims for injury and death that it may authorize to be
paid from the North Dakota workmen’s compensation fund for the
benefit of injured and the dependents of deceased employees, and, in
order that said object may be accomplished, the bureau shall observe
the following requirements in classifying occupations and fixing the
rates of premium for the risks of the same:
i t shall keep an accurate account of the money paid in premiums by
each of the several classes of occupations or industries, and the disburse
ments on account of injuries and death of employees thereof, and it shall
also keep an account of the money received, from each individual em
ployer and the amount disbursed from the workmen’s compensation
fund on account of injuries and death of the employees of such
employer.
Ten per cent of the money that is paid into the workmen’s com
pensation fund shall be set aside for the creation of a surplus until
such surplus shall amount to the sum of fifty thousand dollars ($50,000)
after which time the sum of five per cent of all the money paid into the
worktnen’s compensation fund shall be credited to such surplus fund,
until such time as, in the judgment of the bureau, such surplus shall
be sufficiently large to guarantee the workmen’s compensation fund
from year to year.
Every employer subject to this act, shall pay annually into the
workmen’s compensation fund the amount of premium determined
and fixed by the workmen’s compensation bureau for the employment
or occupation of such employer, the amount of which premium to be
so paid by each such employer to be determined by the classification,
rules and rates made and published by the bureau; and a receipt or
certificate certifying that such payment has been made shall im
mediately be mailed to such employer by the bureau, which receipt or
certificate, attested by the seal of the bureau shall be prima facie
evidence of the payment of such premium. The bureau may by regula
tion provide that premiums for the several employments, as grouped
according to hazard, fall due on different dates so as to distribute the
business of the workmen’s compensation fund as evenly as possible
throughout the year.
i n the event the amount of premiums collected from any employer
at the beginning of any premium period is ascertained and calculated
by using the estimated expenditure of wages for the period of time cov
ered by such premium payments as a basis, an adjustment of the amount
of such premium shall be made at the end of such period and the actual
amount of such premium shall be determined in accordance with the
amount of the actual expenditure of wages for said period.
i n case a subsequent injury occurs to an employee who has sustained
another injury not in the same employment, the employer shall not be
penalized in his premium rate for any disability in excess of the degree
of incapacity which would have resulted from the later injury if the
earlier disability or injury had not existed.
SEc. 8 . If an employer shall default in any payment required to be
made by him to the workmen’s compensation fund, the amount so due
shall be collected by civil action in the name of the people of the State
as plaintiff, and it shall be the duty of the workmen’s compensation
bureau to certify to the attorney general of the State from time to time
the names and places of business of all employers known to the bureau
to be in default for such payments for a longer period than two weeks,
and the amount due from each such employer; and it shall then be the
duty of the attorney general forthwith to bring, or cause to be brought
against each such employer, a civil action in the proper court for the
collection of such amount so due, and the same when collected, shall
be paid into the workmen’s compensation fund, and such employer’s
compliance with the provisions of this act requiring payments to be
made to the workmen’s compensation fund shall date from the time of

TEXT OF LAWS----NORTH DAKOTA.

773

the payment of said money so collected as aforesaid to the State treas
urer for credit to the workmen’s compensation fund.
All judgments obtained in any action prosecuted by the bureau or
by the State under the authority of this act shall be a prior lien over all
other judgments and liens except those now in existence.
S e c . 9. Employers who comply with the provisions of sections six Employees dis
and seven shall not be liable to respond in damages at common law or by charsedstatute for injury or death of any employee, wherever occurring, during
the period covered by such premiums so paid into the North Dakota
workmen’s compensation fund: Provided, That this section shall not
apply to minors employed in violation of the law, in which case both
remedies shall be applicable.
S e c . 10. The workmen’s compensation bureau shall disburse the
"Paymen-t of
workmen’s compensation fund to such employees of employers as have
efits‘
paid into the said fund the premiums applicable to the classes to which
they belong who have been injured in the course of their employment,
wheresoever such injuries have occurred, or to their dependents in
case death has ensued, and such payment or payments to such injured
employees, or to their dependents in case death has ensued, shall be
in lieu of any and all rights of action whatsoever against the employer
of such injured deceased employees.
S e c . 11. Employers subject to this act who shall fail to comply with Employers liathe provisions of sections six and seven hereof shall not be entitled to
wlien*
the benefits of this act during the period of such noncompliance, but
shall be liable to their employees for damages suffered by reason of
injuries sustained in the course of employment, and also to the personal
representatives of such employees where death results from such inju
ries; and in such action the defendant shall not avail himself or itself
of the following common-law defenses:
The defense of the fellow-servant rule, the defense of the assumption
of risk, or the defense of contributory negligence.
And such employers shall also be subject to the provisions of section
eight.
^Any employee whose employer has failed to comply with the provi- Option of emsions of sections six and seven hereof who has been injured in the course p yees*
of his employment, wheresoever such injury has occurred, or his de
pendents m case death has ensued, may, in lieu of proceedings against
his employers by civil action in the court, file his application with
workmen’s compensation bureau for compensation in accordance with
the terms of this act, and the bureau shall hear and determine such
application for compensation in like manner as in other claims before
the bureau; and the amount of the compensation which said bureau
may ascertain and determine to be due to such injured employee, or
to his dependents in case death has ensued, shall be paid by such em
ployer to the person entitled thereto within ten days after receiving
notice of the amount thereof as fixed and determined by the bureau;
and in the event of the failure, neglect, or refusal of the employer to pay
such compensation to the person entitled thereto within said period of
ten days, the same shall constitute a liquidated claim for damages
against such employer in the amount so ascertained and fixed by the
bureau, which, with an added penalty of fifty per cent, may be recov
ered in an action in the name of the State for the benefit of the person
or persons entitled to the same.
S e c . 12. Any employer carrying on any employment not classed as Voluntary con“ hazardous” who complies with this act, and who shall pay into the trit>utlons*
North Dakota workmen’s compensation fund the premiums provided
by this act, shall not be liable to respond in damages at common law or
by statute for injuries or death of any employee, wherever occurring,
during the period covered by such premiums, providing the injured
employee has remained in his service with notice that his employer
has paid into the workmen’s compensation fund the premiums provided
by this act; the continuation in the service of such employer with such
notice shall be deemed a waiver by the employee of his right of action
as aforesaid. Each such employer paying the premiums provided by
this act into the workmen’s compensation fund shall post in conspicuous
places about his place or places of business typewritten or printed
notices stating the fact that he had made such payment.

774

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O F

T H E

U N IT E D

S T A T E S .

S e c . 13. The State treasurer shall be the custodian of the workmen’s
compensation fund, and all disbursements therefrom shall be paid by
him upon vouchers authorized by the workmen’s compensation bureau.
The State treasurer is hereby authorized to deposit any portion of the
workmen’s compensation fund not needed for immediate use in the
same manner and subject to all the provisions of the law with respect
to the deposit of State funds by such treasurer; and all interest earned
by-any such portion of the workmen’s compensation fund as may be
deposited by the State treasurer in pursuance of authority herein given,
shall be collected by him and placed to the credit of such fund.
The State treasurer shall give a separate and additional bond in such
amount as may be fixed by the governor, and with sureties to hia
approval, conditioned for the faithful performance of his duties as cus
todian of the workmen’s compensation fund.
Reinsurance.
Se c . 14. The bureau may reinsure any risk or any part thereof and
may enter into agreements of reinsurance.
Claims.
Sec. 15. No compensation under this act shall be allowed to any per
son, except as provided in section eighteen, unless he or some one on
his behalfshall, within the time specified in this section, make a written
claim therefor. Such claim shall be made by delivering it at the office
of the workmen’s compensation bureau or to any person whom the
bureau may by regulation designate, or by depositing it in the mail
properly stamped and addressed to the bureau or to any person whom
the bureau may by regulation designate.
Every claim shall be made on forms to be furnished by the bureau
and shall contain all the information required by the bureau. Each
claim shall be sworn to by the person entitled to compensation or by the
person acting on his behalf, and, except in case of death, shall be
accompanied by a certificate of the employee’s physician stating the
nature of the injury and the nature and probable extent of the disa
bility. For any reasonable cause shown the bureau may waive the
provisions of this section.
Limitation.
All original claims for compensation for disability or death shall be
made within sixty days after injury or death. For any reasonable
cause shown the bureau may allow original claims for compensation for
disability or death to be made at any time within one year.
Medical exami
S e c . 16. After the injury the employee shall, as frequently and at
nations.
such times and places as may be reasonably required, submit himself
to examination by a duly qualified physician designated or approved
by the workmen’s compensation bureau. The employee may have a
duly qualified physician designated and paid by him present to partici
pate in such examination. For all examinations after the first the
employee shall, in the discretion of the bureau, be paid his reasonable
traveling and other expenses and loss of wages incurred in order to
submit to such examination. If the employee refuses to submit himself
for or in any way obstructs any examination, his right to claim com
pensation under this act shall be suspended until such refusal or obstruc
tion ceases. No compensation shall be payable while such refusal or
obstruction continues and the period of such refusal or obstruction
shall be deducted from the period for which compensation is payable
to him.
In case of any disagreement between the physician making an exami
nation on the part of the bureau and the employee’s physician the
bureau shall appoint an impartial physician duly qualified, who shall
make an examination.
Disputes.
S e c . 17. The bureau shall have full power and authority to hear and
determine all questions within its jurisdiction, and its decision thereon
A p p e a l t 0 shall be final: Provided, hoivever, In case the final action of such
courts.
bureau denies the right of the claimant to participate at all in the work
men’s compensation fund on the ground that the injury was selfinflicted, or on the ground that the accident did not arise in the course
of employment, or upon any other ground going to the basis of the
claimant’ s right, then the claimant, within thirty (30) days after the
notice of the final action of such bureau, may, by filing his appeal in the
district court for the county wherein the injury was inflicted, be
entitled to a trial in the ordinary way. In such a proceeding the
State’s attorney of the county without additional compensation shall

Custody
funds.

TEXT OF LAWS----NOBTH DAKOTA.

775

represent the workmen's compensation bureau and shall be notified
by the clerk forthwith of the filing of such appeal.
Within thirty (30) days after filing his appeal the appellant shall file a
petition in the ordinary form against such bureau as defendant, and
further pleadings shall be had in said cause, according to the rules of
civil procedure, and the court shall determine the right of the claimant,
and if it determines the right in his favor shall fix his compensation
within the limits prescribed in this act; and any final judgment so
obtained shall be paid by the workmen’s compensation bureau out of
the workmen’s compensation fund in the same manner as awards are
paid by such bureau.
The cost of such proceeding, including a reasonable attorney's fee Costs,
to the claimant’s attorney, to be fixed by the trial judge, shall be taxed
against the unsuccessful party.
Either party shall have the right to prosecute error as in the ordinary
civil cases.
S e c . 18. If the original claim for compensation has been made within
Review,
the time specified in section fifteen the bureau may, at any time, on its
own motion or on application, review the award, and, in accordance with
the facts found on such review, may end, diminish, or increase the com
pensation previously awarded, or, if compensation has been refused
or discontinued, award compensation.
S e c . 19. Every employer of the State shall keep a record of all inReports of accijuries, fatal or otherwise, received by his employees in the course of
their employment. Within one week after the occurrence of an acci
dent resulting in injury, report thereof shall be made in writing to the
workmen’s compensation bureau upon blanks to be procured from the
bureau for that purpose. Such report shall contain the name and nature
of the business of the employer, the location of Ms establishment or
place of work, the name, address, and occupation of the injured em
ployee, and shall state the time, the nature, and cause of injury, and
such other information as may be required by the bureau. Any em
ployer who refuses or neglects to make any report required by this
section shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not more than five hundred dollars
($500) for each offense.
S e c . 20. When an injury or death for which compensation is payable fJ ^ abilitjr
under this act shall have been sustained under circumstances creating
person,
in some other person than the North Dakota workmen’s compensation
fund a legal liability to pay damages in respect thereto, the injured
employee, pr his dependents, may, at his or their option, either claim
compensation under this act or obtain damages from or proceed at law
against such other person to recover damages; and if compensation is
claimed and awarded under this act, the North Dakota^ workmen's
compensation fund shall be subrogated to the rights of the injured em
ployee or his dependents to recover against that person: Provided. If
the workmen’s compensation fund shall recover from such other person
damages in excess of the compensation already paid or awarded to be
paid under this act, then any such excess shall be paid to the injured
employee or his dependents, less the expenses and costs of action.
S e c . 2 1 . No agreement by an employee to waive his rights to comWaivers,
pensation under this act shall be valid. No agreement by any em
ployee to pay any portion of the premium, paid by his employer into
the North Dakota workmen’s compensation fund shall be valid, and
any employer who deducts any portion of such premium from the
wages or salary of any employee "entitled to the benefits of this act shall
be guilty of a misdemeanor and upon conviction thereof shall be fined
not more than one hundred dollars ($ 100) for each offense.
Sec. 22. Any assignment of a^claim for compensation under this act Assignments,
shall be void and all compensation and claims therefor shall be exempt etc*
from all claims of creditors. ^
Sec. 23. ^Whoever makes, in any affidavit required or in any claim for False claims,
compensation, any statement, knowing it to be false, shall be guilty of etc*
perjury and shall be punished by a fine of not more than two thousand
dollars ($2,000) or by imprisonment for not more than one year, or by
both such fine and imprisonment.

776

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

Sec. 24. Upon the request of the bureau the attorney general, or
under his direction, the State’s attorney of any county, shall institute
and prosecute the necessary actions or proceedings for the enforcement
of any of the provisions of this act, or for the recovery of any money due
the workmen’s compensation fund, or any penalty herein provided for,
arising within the county in which he was elected, and shall defend in
like manner all suits, actions, or proceedings brought against the
bureau or the members thereof in their official capacity.
Annual reports.
Sec. 25. Annually, on or before the 1st day of December, the work
men’s compensation bureau, under the oath of at least two of its mem
bers, shall make a report to the governor for the preceding fiscal year,
which shall include a statement of the number of awards made by it,
and a general statement of the causes of accidents leading to the in
juries for which the awards were made, a detailed statement of the dis
bursements from the workmen’s compensation fund, and the condition
of its respective funds, together with any other matters which the
bureau deems proper to call to the attention of the governor, including
any recommendation it may have to make, and it shall be the duty of
the b areau from time to time to publish and distribute among employers
and employees such general information as to the business transacted
by the bureau as in its judgment may be useful.
Provisions sevSec. 26. Should any section or provision of this act be decided by
erable.
the coarts to be unconstitutional or invalid, the same shall not affect
the validity of the act as a whole or any part thereof other than the part
so decided to be unconstitutional.
Appropriation.
Sec. 27. There is hereby appropriated out of any funds in the State
treasury not otherwise appropriated the sum of $50,000, or as much
thereof as may be necessary, to put into effect the provisions of this act.
The workmen’s compensation bureau shall reimburse the general fund
of the State, out of the workmen’s compensation fund, for all money
appropriated, expended, or disbursed op. behalf of said bureau.
Act in effect.
S e c . 28. Whereas, an emergency exists, in order that the bureau
hereby created may be in a position to receive contributions to the
insurance fund and to make disbursements the:refrom July 1, 1919,
therefore an emergency is hereby declared to exist, and this act shall
take effect and be in force immediately after its passage and approval.
Approved March 5, 1919.
Prosecutions.

OHIO,
CONSTITUTION.
A r t ic l e

II.—Legislative— Compensation of workmen for

injuries.

S e c t io n 35. For the purpose of providing compensation to workmen Compulsory inand their dependents for death, injuries, or occupational disease, surance systemoccasioned in the course of such workmen’s employment, laws may
be passed establishing a State fund to be created by compulsory con
tribution thereto by employers, and administered by the State,
determining the terms and conditions upon which payment shall be
made therefrom, and taking away any or all rights of action or defenses
from employees and employers; but no right of action shall be taken
away from any employee when the injury, disease, or death arise Right of action,
from failure of the employer to comply with any lawful requirement
for the protection of the lives, health, and safety of employees. Laws
may be passed establishing a board which may be empowered to classify Board of classiall occupations according to their degree of hazard, to fix rates of fication>etccontribution to such fund according to such classification, and to
collect, administer, and distribute such fund, and to determine all
rights of claimants thereto.
Adopted, 1912.

Industrial commission—Administration of workmen's insurance law.
S e c . 871-1 (as amended by act, p. 95, acts of 1919). The industrial
Appointment,
commission of Ohio, heretofore created, shall be composed of three
members to be appointed by the governor, with the advice and consent
of the senate. Such appointment shall be made to take effect upon
the expiration of the present term of each member, and each of such
appointments hereafter made shall be for the term of six years. Not
more than one of the appointees to such commission shall be a person
who, on account of his previous vocation, employment, or affiliations,
can be classed as a representative of employers, and not more than one
of such appointees shall be a person who, on account of his previous
vocation, employment, or affiliations can be classed as a representative
of employees; not more than two of the members of said commission
shall belong to the same political party.
S e c . 871-2. The governor, at any time, shall remove any member
Removal,
of the industrial commission of Ohio for inefficiency, neglect of duty,
malfeasance, misfeasance, or nonfeasance in office.
S e c . 871-3. No commissioner shall hold any position of trust or In c o n s is te n t
profit, or engage in any occupation or business, interfering or incon- emPloyments*
sistent with his duties as such commissioner, and no commissioner
shall serve on any committe
Each of Salary.
S e c . 871-4 (as amended
said commissioners shall receive an annual salary of $4,000, payable
in the same manner as the salaries of other State officers are paid.
Before entering upon the duties of his office, each commissioner shall
take and subscribe the constitutional oath of office and shall swear
or affirm that he holds no position under any committee of a political
party, which oath or affirmation shall be filed in the office of
the governor. Each member of the commission shall give a bond in Bonds,
the sum of $10,000 , which bond shall be approved by the governor
and filed with the treasurer of State. All employees or deputies of
the commission receivilig or disbursing funds of the State shall give
bond to the State in amounts and with surety to be approved by the
commission.
S e c . 871-6. The commission shall keep and maintain its office in
Offices,
the city of Columbus, Ohio. * * * The commission may hold
sessions in any place within the State of Ohio.
777

778

' w

o r k m

e n ’s

c o m

p e n s a t io n

la w

o r

t h

u n i t e d

s t a t e s .

S e c . 871-8. The commission shall have an official seal for the authen
tication of its orders and proceedings, upon which seal shall be engraved
the words “ The Industrial Commission of Ohio,” and such other
design as the commission may prescribe; and the courts in this State
shall take judicial notice of the seal of the said commission, and in all
cases copies of orders, proceedings, or records in the office of the indus
trial commission of Ohio, certified by the secretary of the said com
mission under its seal, shall be equal to the original as evidence.
S e c . 871-9 (as amended by an act, p. 157, acts of 1917). The indus
trial commission of Ohio shall be in continuous session and open for
the transaction of business during all business hours of each and every
day, excepting Sundays and legal holidays. The sessions of said
commission shall be open to the public and shall stand and be ad
journed without further notice thereof on its record. All of the pro
ceedings of said commission shall be shown on its record, which shall
Records.
be a public record, and all voting shall be had by calling each mem
ber’s name by the secretary, and each member’s vote shall be recorded
on the record of proceedings as cast. Said commission shall keep a
separate record of its proceedings relative to claims coming before it
for compensation for injured and the dependents of killed employees
which record shall contain its findings and the award in each such
claim for compensation considered by it and in all such claims the
reason or reasons for the allowance or rejection thereof shall be stated
in said record. Said commission may hold sessions at or in any place
in the State of Ohio.
Additional du- S e c . 871-12 (as amended by act, p. 656, acts of 1913). The indus
ties.
trial commission shall supersede and perform all of the duties of the
State liability board of awards, * * * and said commission on and
after the first day of September, 1913, as successor of the said liability
board of awards, shall be vested with and assume and exercise all
powers and duties cast by law upon said liability board of awards, and
on the first day of September, 1913, the term of office of the members
constituting the said State liability board of awards of Ohio shall cease
and terminate, together with all rights, privileges, and emoluments
connected therewith.
Seal*

Workmen s insurance—State liability board.
(Page 524, ants of 1911; amended, pages 72 and 390, acts of 1913.)
Board created.

Quorum.

Employees.

Expenses.

S e c . 1465-37. There is hereby created a State liability board of
awards. [This body has been superseded by the industrial commis
sion of Ohio. See section 871-1 et seq., above.]
S e c . 1465-41. A majority of the board shall constitute a quorum
for the transaction of business and a vacancy shall not impair the
right of the remaining members to exercise all the powers of the full
board so long as a majority remains. Any investigations, inquiry,
or hearing which the board is authorized to hold, or undertake, may
be held or undertaken by or before any one member of the board.
All investigations, inquiries, hearings, "and decisions of the board,
and every order made by a member thereof, when approved and con
firmed by a majority of the members, and so shown on its record of
proceedings, shall be deemed to be the order of the board.
The board may hold sessions at any place within the State.
S e c . 1465-43. The board may employ a secretary, actuaries, account
ants, examiners, experts, clerks, physicians, stenographers, and other
assistants, and fix their compensation. Such employment and com
pensation shall be first approved by the governor and shall be paid out
of the State treasury. The members of the board, secretary, actuaries,
accountants, inspectors, examiners, experts, clerks, physicians, steno
graphers, and other assistants that may be employed shall be entitled
to receive from the State treasury their actual and necessary expenses
while traveling on the business of the board, and the members of the
board may confer and meet with officers of other States and officers of
the United States on any matters pertaining to their official duties.
Such expenses shall be itemized and sworn to by the person who
incurred the expense and allowed by the board.

TEXT OF LAWS— OHIO.

779

Sec. 1465-44. The board shall adopt reasonable and proper rules to Rules,
govern its procedure, regulate and provide for the kind and character of
notices, and the services thereof, in cases of accident and injury to
employees, the nature and extent of the proofs and evidence, and the
method of taking and furnishing the same, to establish the right to
benefits of compensation from the State insurance fund, hereinafter
provided for, the forms of application of those claiming to be entitled to
benefits of compensation therefrom, the method of making investiga
tions, physical examinations, and inspections, and prescribe the time
within which adjudications and awards shall be made.
S e c . 1465-45 (as amended by act, p. 313, acts of 1919). Every em- Duty of em
ployer shall furnish-the industrial commission of Ohio upon request, Ployersall information required by it to cany out the purpose of this act. In
the month of January of each year every employer of the State employ
ing five or more employees regularly in the same business, or in or about
the same establishment, shall prepare and mail to the commission at its
main office in the city of Columbus, Ohio, a statement containing the
following information, viz: The number of employees employed during
the preceding year from January 1st to December 31st, inclusive; the
number of such employees employed at each kind of employment, and
the aggregate amount of wages paid to such employees, which informa
tion shall be furnished on a blank or blanks to be prepared by the com
mission; and it shall be the duty of the commission to furnish such
blanks to employers free of charge upon request therefor. Every
employer receiving from the commission any blank, with directions to
fill out the same, shall cause the same to be properly filled out so as to
answer fully and correctly all questions therein propounded, and to
give all the information therein sought, or if unable to do so, he shall
give to the commission in writing good and sufficient reasons for such,
failure. The commission may require that the information herein
required to be furnished be verified under oath and returned to the
commission within the period fixed by it or by law. The commission
or any member thereof, or any person employed by the commission for
that purpose, shall have the right to examine, under oath, any employer,
or the officer, agent or employee thereof for the purpose of ascertaining
any information which such employer is required by this act to furnish
to the commission.
Any employer who shall fail or refuse to furnish to the commission
the annual statement herein required, or who shall fail or refuse to
furnish such other information as may be required by the commission
under authority of this section, shall be liable to a penalty of five
hundred dollars, to be collected in a civil action brought against said
employer in the name of the State; all such penalties, when collected,
shall be paid into the State insurance fund and become a part thereof.
S e c . 1465-46. The information contained in the annual report pro- I n fo r m a tio n
vided for in the preceding section, and such other information as may confidentiaL
be furnished to the board by employers in pursuance of the provisions of
said section, shall be for the exclusive use and information of said
board in the discharge of its official duties, and shall not be open to the
public nor be used in any court in any action or proceeding pending
therein unless the board is a party to such action or proceeding; but
the information contained in said report may be tabulated and pub
lished by the department, in statistical form, for the use and information
of other State departments and the public. Any person in the employ
of the board who shall divulge any information secured by him in
respect to the transactions, property, or business of any company, firm,
corporation, person, association, copartnership, or public utility to any
person other than the members of the board, while acting as an employee
of the board, shall be fined not less than one hundred dollars (S100) nor
more than five hundred dollars ($500), and shall thereafter be dis
qualified from holding any appointment or employment with the
board.
S e c. 1465-47, (as amended by act, p. 3 1 3 , acts o! 1919). Each Powers of mem*
member of the industrial commission of Ohio, its secretary, director of
3*
claims, all inspectors, examiners, and claims referees appointed by the
commission shall, for the purposes contemplated by this act, have
power to administer oaths, certify to official acts, take depositions,

780

WORKMEN’ s COMPENSATION LAWS OF THE UNITED STATES.

issue subpoenas, compel the attendance of witnesses, and the pro
duction o f books, accounts, papers, records, documents, and testimony.
Contempt.
S ec . 1465-48 (as amended by act, p. 313, acts of 1919). In case of
disobedience of any person to comply with the order of the industrial
commission of Ohio or subpoena issued by the commission, its secretary,
director of claims, or any of its inspectors, examiners, or claims referees,
or on the refusal of a witness to testify to any matter regarding which he
may be lawfully interrogated, or refuse to permit an inspection as afore
said, the probate judge of the county in which the person resides, on
application of any member of the commission, its secretary, director of
claims, any inspector, examiner, or claims referee appointed by it, shall
compel obedience by attachment proceedings as for contempt, as in
the case of disobedience of the requirements of subpoena issued from
such court on a refusal to testify therein.
Fees.
S e c . 1465-49 (as amended by act, p. 313, acts of 1919). Each officer
who serves such subpoena shall receive the same fees as a sheriff, and
each witness who appears, in obedience to a subpoena, before the indus
trial commission of Ohio, its secretary, director of claims, inspector, ex
aminer or claims referee, shall receive for his attendance the fees and
mileage provided for witnesses in civil cases in courts of common pleas,
which shall be audited and paid from the State treasury in the same
manner as other expenses are audited and paid, upon the presentation
of proper vouchers, approved by any two members of the commission.
No witness subpoenaed at the instance of a party other than the com
mission, its secretary, director of claims, inspector, examiner, or claims
referee shall be entitled to compensation from the State treasury unless
the commission shall certify that his testimony was material to the mat
ter investigated.
Depositions.
S e c . 1465-50 (as amended by act, p. 157, acts of 1917). In claims
filed before the industrial commission of Ohio by injured and the depen
dents of killed employees on account of injury or death sustained by
such employees in the course of their employment, said commission
may cause depositions of witnesses residing within or without the
State to be taken in the manner prescribed by law for the taking of
depositions in civil actions in the court of common pleas.
Transcripts.
Sec. 1465-51. A transcribed copy of the evidence and proceedings,
or any specific part thereof, or any investigation, by a stenographer
appointed by the board, being certified by such stenographer to be a
true and correct transcript of the testimony on the investigation, or of
a particular witness, or of si specific part thereof, carefully compared by
him with his original notes, and to be a correct statement of the evidence
and proceedings had on such investigation so purporting to be taken and
subscribed, may be received in evidence by the board with the same
effect as if such stenographer were present and testified to the facts so
certified. A copy of such transcript shall be furnished on- demand to
any party upon the payment of the fee therefor, as provided for tran
script in courts of common pleas.
Forms.
Sec. 1465-52. The board shall prepare and furnish blank forms, and
provide in its rules for their distribution so that the same may be read
ily available, of application for benefits or compensation from the
State insurance fund, notices to employers, proofs of injury or death,
of medical attendance, of employment and wage earnings, and such
other blanks as may be deemed proper and advisable; and it shall be
the duty of insured" employers to constantly keep on hand a sufficient
supply of such blanks.
Occupations to
Sec. 1465-53 (as amended by act, p. 313, acts of 1919). The indusec a
trial commission of Ohio shall classify occupations or industries with
respect to their degree of hazard, and determine the risks of the different
classes and fix the rates of premium of the risks of the same, based upon
the total pay roll in each of said classes of occupation or industry suffi
ciently large to provide an adequate fund for the compensation pro
vided for in this act, and to maintain a State insurance fund from year
to year.
Premium rates.
S e c . 1465-54 (as amended by act, p. 313, acts of 1919). It shall be
the duty of the industrial commission of Ohio, in the exercise of the
powers and discretion conferred upon it in the preceding section, ulti
mately to fix and maintain, for each class of occupation,, or industry,

TEXT OF LAW S— OHIO.

the lowest possible rates of premium consistent with the maintenance
of a solvent State insurance fund and the creation and maintenance of a
reasonable surplus, after the payment of legitimate claims for injury and
death that it may authorize to be paid from the State insurance fund for
the benefit of injured and the dependents of killed employees; and,
in order that said object may be accomplished, said commission shall
observe the following requirements in classifying occupations or indus
tries and fixing the rates of premium for the risks of the same:
1. It shall keep an accurate account of the money paid in premiums
by each of the several classes of occupations or industries, and the losses
on account of injuries and death of employees thereof, and it shall also
keep an account of the money received from each individual employer
and the amount of losses incurred against the State insurance fund on
account of injuries and death of the employees of such employer.
2. Ten per cent of the money that has heretofore been paid into the
State insurance fund and ten per cent of all that may hereafter be paid
into such fund shall be set aside for the creation of a surplus until such
surplus shall amount to the sum of one hundred thousand dollars
($100,000 ) after which time, whenever necessary in the judgment of the
industrial commission to guarantee a solvent State insurance fund, a
sum not exceeding five per cent of all the money paid into the State
insurance fund shall be credited to such surplus fund.
3. On the first day of July, 1917, and annually thereafter a revision
of rates shall be made in accordance with the experience of said com
mission in the administration of the law as shown by the accounts kept
as provided herein; and said commission shall adopt rules governing
said rate revisions, the object of which shall be to make an equitable
distribution of losses among the several classes of occupation or industry,
which rules shall be general in their application.
4. The industrial commission of Ohio shall have the power to apply
that form of rating system which, in its judgment, is best calculated
to merit or individually rate the risk most equitably, predicated upon
the basis of its individual industrial accident experience, and to en
courage and stimulate accident prevention; shall develop fixed and
equitable rules controlling the same, which rules, however, shall con
serve to each risk the basic principles of workmen’s compensation in
surance.
S e c . 1465-55 (as amended by act, p. 313, acts of 1919). The industrial
commission of Ohio shall adopt rules and regulations with respect to
the collection, maintenance and disbursements of the State insurance
fund; one of which rules shall provide that in the event there is developed
as of any given rate revision date a surplus of earned premium over all
losses which, in the judgment of the commission, is larger than is
necessary adequately to safeguard the solvency of the fund, the com
mission may return such excess surplus to the subscriber to the fund in
either the form of cash refunders or credit premiums; another of which
rule3 shall provide that in the event the amount of premiums collected
from any employer at the beginning of any period of six months is
ascertained and calculated by using the estimated expenditure of
wages for the period of time covered by such premium payments as a
' basis, that an adjustment of the amount of such premium shall be made
at the end of such six months’ period and the actual amount of such
premium shall be determined in accordance with the amount of the
actual expenditure of wages for said .period; and, in the event such
wage expenditure for said period is less than the amount on which such
estimated premium was collected, then such employer shall be entitled
to receive a refunder from the State insurance fund of the difference
between the amount so paid by him and the amount so found to be
actually due, or to have the amount of such difference credited on
succeeding premium payments at his option, and should such actual
premium, when ascertained as aforesaid exceed in amount the premium
so paid by such employer at the beginning of such six months’
period, such employer shall immediately upon being advised of the
true amount of such premium due, forthwith pay to the treasurer of
State an amount equal to the difference between the amount actually
found to be due and the amount paid by him at the beginning of said
six months’ period.

781

Accounts,

Surplus fund.

Revisions,

Merit rating,

Rules

782

W O R K M E N ’ S COMPENSATION LAW S OF TH E UNITED STATES.

S e c . 1465-56 (as amended by act, p. 157, acts of 1917). The treasurer
of State shall be the custodian of the State insurance fund and all dis
bursements therefrom shall be paid by him upon vouchers authorized
by the industrial commission of Ohio and signed by any two members
of said commission; or, such vouchers may bear the facsimile signatures
of the members of said commission printed thereon, and the signature
of the deputy or other employee of said commission charged with the
duty of keeping the account of the State insurance fund and with the
preparation of vouchers for the payment of compensation to injured and
the dependents of killed employees.
D e p o si t of SEc. 1465-57. The treasurer of State is hereby authorized to deposit
funds.
any portion of the State insurance fund not needed for immediate use,
in the same manner and subject to all the provisions of the law with
respect to the deposit of State funds by such treasurer; and all interest
earned by such portion of the State insurance fund as may be deposited
by the State treasurer in pursuance of authority herein given shall be
collected by him and placed to the credit of such fimd.
Investment.
Sec. 1465-58. The State liability board of awards shall have the
power to invest any of the surplus or reserve belonging to the State
insurance fund in bonds of the United States, the State of Ohio, or
of any county, city, village, or school district of the State of Ohio, at
current market prices for such bonds: Provided, That such purchase be
authorized by a resolution adopted by the board and approved by the
governor; and it shall be the duty of the boards or officers of the several
taxing districts of the State in the issuance and sale of bonds of their
respective taxing districts to offer in writing to the State liability board
of awards, prior to advertising the same for sale, all such issues as may
not have been taken by the trustees of the sinking fund of the taxing
district so issuing such bonds; and said board shall, within ten days
after the receipt of such written offer either accept the same and pur
chase such bonds or any portion thereof at par and accrued interest, or
reject such offer in writing; and all such bonds so purchased forthwith
shall be placed in the hands of the treasurer of State, who is hereby
designated as custodian thereof, and it shall be his duty to collect the
interest thereon as the same becomes due and payable, and also the
principal thereof, and to pay the same, when so collected, into the
State insurance fund. The treasurer of State shall honor and pay all
vouchers drawn on the State insurance fund for the payment of such
bonds when signed by any two members of the board, upon delivery of
said bonds to him when there is attached to such voucher a certified
copy of such resolution of the board authorizing the purchase of such
bonds; and the board may sell any of said bonds upon like resolution,
and the proceeds thereof shall be paid by the purchaser to the treas
urer of State upon delivery to him of said bonds by the treasurer.
Same.
S e c . 1465-58a (added by act, p. 277, acts of 1919). All bonds of any
taxing district of Ohio purchased by the industrial commission shall be
printed or lithographed upon paper of the size and the interest coupons
shall be attached thereto in the manner required by the industrial com
mission. The principal and interest of such bonds shall be payable at
the office of the treasurer of the State of Ohio. Such bonds shall be of
the denomination required by the industrial commission in its resolu
tion to purchase, and the proper officers of each taxing district issuing
such bonds are hereby authorized and required%without additional
procedure or legislation on their part to comply with the provisions of
this act: Provided, however, That the industrial commission shall not be
authorized to change the date of maturity of any bond nor shall it
require a bond of any issue to be of larger denomination than the aggre
gate amount of such issue falling due at any date.
Bond.
^Sec. 1465-59. The treasurer of State shall give a separate and addi
tional bond in such amount as may be fixed by the governor, and with
sureties to his approval, conditioned for the faithful performance of his
duties as custodian of the State insurance fund.
Employers.
S e c . 1465-60 (as amended by act, p. 313, acts o f 1919). The follow
ing shall constitute employers subject to the provisions of this act:
1 . The State and each county, city, township, incorporated village,
and school district therein.
2. Every person, firm, and private corporation, including any public
service corporation, that has in service five or more workmen "or operCustodian.

TEXT OF LAWS— OHIO.

783

atives regularly in the same business, or in or about the same establish
ment under any contract of hire, express or implied, oral or written.
Sec. 1465-61 (as amended by act, page 313, acts of 1919). The terms Employees,
“ employee,” “ workmen,” and “ operative.” as used in this act shall
be construed to mean:
1 . Every^ person in the service of the State, or of any county, city,
township, incorporated village, or school district therein, including
regular members of lawfully constituted police and fire departments
of cities and villages, under any appointment or contract of hire,
express or implied, oral or written, except any official of the State or of
any county, city, township, incorporated village, or school distrct
therein: Provided, That nothing in this act shall apply to police or fire
men in cities where the injured policemen or firemen are eligible to
paiticipate in any policemen’s or firemen’s pension funds which are
now or hereafter may be established and maintained by municipal
authority under existing laws.
2. Every person in the sendee of any person, firm, or private corpo
ration, including any public service corporation employing five or more *
workmen or operatives regularly in the same business, or in or about
the same establishment under any contract of hire, express or implied,
oral or written, including aliens and minors, but not including any
person whose employment is but casual and not in the usual course of
tiade, business, profession, or occupation of his employer.
3. Every person in the service of any independent contractor or C o n tr a c to r s !
subcontractor who has failed to pay into the State insurance fund the emp yee3a
amount of premium determined and fixed by the industrial commission
of Ohio for his employment or occupation, or to elect to pay compen
sation direct to his injured and to the dependents of his killed em
ployees, as provided in section 1465-69, General Code, shall be
considered as the employee of th,e person who has entered into a con
tract, whether written or verbal, with such independent contractor
unless such employees, or their legal representatives or beneficiaries
elect, after injury or death, to regard such independent contractor as
the employer.
S ec . 1465-62. Every employer mentioned in subdivision one of Contributions
section thirteen J1465-60] hereof shell contribute to the State insurance t0 fim<L
fund in proportion to the annual expenditure of money by such em
ployer for the service of persons described in subdivision one of section
fourteen [1465-61] hereof, the amount of such payments and the
method of making the same to be determined as hereinafter provided.
S e c . 1465-63 (as amended by act, p. 555, acts of 1919). The amount Payments by
of money to be contributed by the State itself, and by each county, milnicipaiities.
city, incorporated village, or other taxing district of the State shall be,
unless otherwise provided bylaw, a sum equal to one per centum of the
amount of money expended by the State and for each county, city,
incorporated village, or other taxing district, respectively, during the
next preceding fiscal year for the service of persons described in sub
division one of section fourteen [1465-61] hereof, and the amount to be
so contributed by any school district shall be equal to one-tenth oi one
per centum of the amount similarly expended by such district during
such preceding fiscal year for the service of the persons described as
above.
S ec . 1465-64 (as amended by act, p. 3, acts of 1914, secona special Payment by
session). In the month of January in the year 1914 the auditor of State
te>
shall draw his warrant on the treasurer of State, in favor of said treasurer
as custodian of the State insurance fund, and for deposit to the credit
of said fund, for a sum equal to one per centum of the amount of money
expended by the State dining the last preceding fiscal year, for the
service of persons described in subdivision one of section fourteen
[1465-61] hereof, which said sums are hereby appropriated and made
available for such payments; and thereafter in the month of January
of each year such sums of money shall in like manner be paid into the
State insurance fund as may be provided by law'; and it shall be the
duty of the industrial commission of Ohio to communicate to the
general assembly on the first day of each regular session thereof an
estimate of the aggregate amount of money necessary to be con
tributed by the State during the two } ears next ensuing as its proper
portion of the State insurance fund.

784

W O R K M E N ’ S COMPENSATION LAW S OF T H E UNITED STATES.

S e c . 1465-65 (as amended by act, p. 3, acts of 1914, second special
session). In the^month of December of each year the auditor of State
shall prepare a list for each county of the State, showing the amount of
money expended by each township, city, village, school district, or
other taxing district therein for the service of persons described in
subdivision one of section fourteen [1465-61] hereof during the fiscal
year last preceding the time of preparing such lists; and shall file a copy
of each such list with the auditor of the county for which such list was
made, and copies of all such lists with the treasurer of State. Such
lists shall also show the amount of money due^ from the county itself,
and from each city^ township, village, school district, and other taxing
district thereof, as its proper contribution to the State insurance fund,
and the aggregate sum due from the county and such taxing districts
located therein.
County contriProvided, however, That should the industrial commission of Ohio on
when118 0
* or before the 1st day of December in any year certify to the auditor of
State that sufficient money is in the State insurance fund to the credit
of any county or counties to provide for the payment of compensation
to the injured and to the dependents of killed employees of such
county or counties and the several taxing districts therein for the
ensuing year, the auditor of State shall not prepare and file with the
county auditors and the treasurer of State said list or lists for such
county or counties specified in such certificate; and it shall be the duty
of the industrial commission of Ohio to make and file such certificate
with the auditor of State whenever in its judgment there is sufficient
money in the State insurance fund^ to the credit of any county or
counties to provide for the probable disbursements required to be made
to the injured and to the dependents of killed employees of such county
or counties and the several taxing districts therein for th e ensuing year.
Payments by
S e c . 1465-66. In January of each year following the filing with him
counties.
0f the lists mentioned in the last preceding section hereof, beginning
with January, 1914, the auditor of each county shall issue his warrant
in favor of the treasurer of State of Ohio on the county treasurer of his
county for the aggregate amount due from such county and from the
taxing districts therein, to the State insurance fund, and the county
treasurer shall pay the amount called for by such warrant from the
county treasury, and the county auditor shall charge the amount so
paid to the county itself and the several taxing districts therein as
shown by such lists and the treasurer of State shall immediately, upon
receiving such money, convert the same into the State insurance fund.
Annual stateS e c . 1465-67. In February of each year the treasurer of State shall
ments.
certify to the State liability board of awards the amount of money that
has been paid to him for credit to the State insurance fund as provided
in the foregoing sections, and the amount paid by the State itself and
by each county, city, incorporated village, or school district therein,
and at the same time shall certify to the board the names of such as
may have made default in the payments hereinbefore provided and the
respective amounts for which they are in default. When any default
is made in the payment of the sums hereinbefore required to be con
tributed to the State insurance fund, or when any official fails, neglects,
or refuses to perform any act or acts required to be performed by him
with leference to the making of such payments, it shall be the duty
of the State liability board of awards forthwith to institute the proper
proceedings in court to compel such payment or payments to be made.
The State liability board of awards shall keep a separate account of
the money paid into the State insurance fun a by the State and its
political subdivisions as hereinbefore provided, and the disbursements
made therefrom on account of injuries to public employees.
Payments from
Sec. 1465-68. Every employee mentioned in subdivision one of
funds*
section fourteen [1465-61] hereof, who is injured, and the dependents
of such as are killed in the course of employment, wheresoever such
injury has occurred, provided the same was l ot purposely self-inflicted,
Act in effect, 0n or after January 1st, 1914, shall be paid such compensation out of the
when.
State insurance fund^ for loss sustained on account of such injury or
death as is provided in the case of other injured or killed employees,
and shall be entitled to receive such medical, nurse, and hospital serv
ices and medicines, and such amount of funeral expenses as are payable
in the case of other injured or killed employees.
County lists.

TEXT OF LAW S---- OHIO.

Every employee mentioned in subdivision two of section fourteen
[1465-61] hereof, who is injured, and the dependents of such as are
•killed in the course of employment, wheresoever such injury has
occurred, provided the same was not purposely self-inflicted, on and
after January 1, 1914, shall be entitled to receive, either directly from
his employer as provided in section twenty-two [1465-69] hereof, or
from the State insurance fund, such compensation for loss sustained on
account of such injury or death, and sucn medical, nurse, and hospital
services and medicines, and such amount of funeral expenses in case
of death as is provided by sections thirty-two [1465-79] to forty [1465-87]
inclusive of the act.
Sec . 1465-69 (as amended by act, p. 313, acts of 1919). Except as Employ
hereinafter provided, every employer mentioned in subdivision 2 con ibutlons
of section 1465-60, General Code, shall, in the month of Janaury,
1914, and semiannually thereafter, pay into the State insurance fund
the amount of premium determined and fixed by the industrial com
mission of Ohio for the employment or occupation of such employer
the amount of which premium to be so paid by each such employer
to be determined by the classifications, rules, and rates made and
published by said commission; and such employer shall semiannually
thereafter pay such further sum of money into the State insurance
fund as may be ascertained to be due from him by applying the rules
of said commission, and a receipt or certificate certifying that such
payment has been made shall immediately be mailed to such em
ployer by the industrial commission of Ohio, which receipt or certificate
attested by the seal of said commission shall be prima facie evidence
of the payment of such premium.
Provided, however, That as to all employers who were subscribers to Easting
the State insurance fund prior to January 1st, 1914, or who may first b e-scnt)erscome subscribers to said fund in any other months than January or
July, the foregoing provisions for the payment of such premiums in
the month of January, 1914, and semiannually thereafter shall not
apply, but such semiannual premiums shall be paid by such employers
from time to time upon the expiration of the respective periods fojr
which payments into the fund have been made by them: And pro
videdfurther, That such employers who will abide by the rules of the
industrial commission of Ohio and as may be of sufficient financial Self-insurers
ability to render certain the payment of compensation to injured em
ployees or the dependents of skilled employees, and the furnishing
of medical, surgical, nursing, and hospital attention and services and
medicines, and funeral expenses equal to or greater than is provided
for in sections 1465-78 to 1465-89, General Code, and who do not desire
to insure the payment thereof or indemnify themselves against loss
sustained by the direct payment thereof, may, upon a finding of such
fact by the industrial commission of Ohio, elect to pay individually
such compensation, and furnish such medical, surgical, nursing, and
hospital services and attention and funeral expenses directly to such
injured or the dependents of such killed employees; and the industrial
commission of Ohio may require such security or bond from said em- Security,
ployers as it may deem proper, adequate, and sufficient to compel, or
secure to such injured employees, or to the dependents of such employ
ees as may be killed, the payment of the compensation and expenses
herein provided for, which shall in no event be less than that paid or
furnished out of the State insurance fund, in similar cases, to injured
employees or to dependents of killed employees whose employers con
tribute to said fund, except when an employee of such employer, who
has suffered the loss of a hand, arm, foot, leg, or eye, prior to the injury
for which compensation is to be paid, and thereafter suffers the loss
of any other of said members as the result of an injury sustained in
the course and arising out of his employment, the compensation to be
paid by such employer shall be limited to the disability suffered in
the subsequent injury, additional compensation, if any, to be paid
by the industrial commission of Ohio, out of the surplus created by Deposit of
section 1465-54 of the General Code. Should municipal or othern es*
bonds be accepted by said commission as security for said payments,
177982°—21—Bull. 272------ 50

786

W O R K M E N ’ S COMPENSATION LAW S OF TH E UNITED STATES.

such bonds shall be deposited with the treasurer of State whose duty
it shall be to have custody thereof and to retain the same in his pos
session according to the conditions prescribed by the order of said
commission accepting the same as security, and said treasurer shall
retain possession of said bonds until such time as he may be directed
by said commission as to the mode and manner of his disposition of the
same; and said commission shall make and publish rules and regula
tions governing the mode and manner of making application and the
nature and extent of the proof required to justify such finding of fact
by said commission as to permit such election by such employers,
which rules and regulations shall be general in their application, one
of which rules shall provide that all employers, electing directly to
compensate their injured and the dependents of their killed employees
as hereinbefore provided, shall pay into the State insurance fund
such amount or amounts as are required to be credited to the surplus
Review.
in paragraph 2 of section 1465-54, General Code. The industrial
commission of Ohio may at any time change or modify its findings of
fact herein provided for, if in its judgment such action is necessary or
desirable to secure or assure a strict compliance with all of the provi
sions of the law in reference to the payment of compensation and the
furnishing of medical, nurse, and hospital services, and medicines and
funeral expenses to injured and dependents of killed employees.
E x e m p tio n
S e c . 1465-70. Employers who comply with the provisions of the
from suits.
prece(jing section shall not be liable to respond in damages at
common law or by statute, save as hereinafter provided, for injury or
death of any employee, wherever occurring, during the period covered
by such premium so paid into the State insurance funds, or during the
interval of time in which such employer is permitted to pay such
compensation direct to his injured or the dependents of his killed
employees as herein provided.
Employers of
SEc. 1465-71. Any employer who employs less than five workmen
men!
wor ' or operatives regularly in the same business, or in and about the same
establishment, who shall pay into the State insurance fund the pre
miums provided by this act, shall not be liable to respond in dam
ages at common law or by statute, save as hereinafter provided, for
injuries or death of any such employees, wherever occurring, during
the period covered by such premiums, provided the injured employee
has remained in his service with notice that his employer has paid
into the State insurance fund the premiums provided by this act; the
continuation in the service of such employer with such notice shall
be deemed a waiver by the employee of his right of action as aforesaid.
Each such employer paying the premiums provided by this act into
the State insurance fund, or electing directly to pay compensation to
his injured, or the dependents of his killed employees as provided in
section twenty-two [1465-69] hereof, shall post in conspicuous places
about his place or places of business typewritten or printed notices stat
ing the fact that he has made such payment, or that he has complied with
the provisions of said section twenty-two hereof and all of the rules and
regulations of the State liability board of awards made in pursuance
thereof, and has been authorized by said board directly to compensate
such said employees or dependents; and the same, when so posted,
shall constitute sufficient notice to his employees of the fact that he
has made such payment, or that he has complied with such elective
provision of section twenty-two [1465-69]; and of any subsequent pay
ments he may make after such notices have been posted.
Disbursements
S e c . 1465-72. The State liability board of awards shall disburse the
emp oyees.
State insurance fund to such employees of employers as have paid into
said fund the premiums applicable to the classes to which they belong,
who have been injured in the course of their employment, wheresoever
such injuries have occurred, and which have not been purposely selfinflicted, or to their dependents in case death has ensued. All em
ployers electing directly to compensate their injured employees, in
compliance with this act, shall pay to such injured employees, or to
the dependents of employees, who have been killed in the course of
their employment, unless such injury or death of such employee has
been purposely self-inflicted, the compensation, and shall furnish
such medical, surgical, nurse, and hospital care 'end attention or fu-

TEXT OF LAW S---- OHIO.

787

neral expenses as would have been paid and furnished by virtue of
this act under a similar state of facts by the State liability board of
awards out of the State insurance fund in case said employer had
paid the premium provided by this act into said fund: Provided,
however, That if any rule or regulation of such employer so directly
compensating his employees shall provide for or authorize the pay
ment of greater compensation or more complete or extended medical
care, nursing, surgical, and hospital attention or funeral expenses to
such injured employees, or to the dependents of such employees as
may be killed, such employer shall be required to pay to such em
ployees, or to the dependents of such as are killed, the amount of
compensation, and furnish such medical care, nursing, surgical, and
hospital attention or funeral expenses provided by said rules and
regulations.
And such payment or payments to such injured employees, or to
their dependents in case death has ensued, shall be in lieu of any and
all rights of action whatsoever against the employer of such injured or
killed employees.
S e c . 1465-72a (added by act, p. 313, acts of 1919). In all cases of
Limitation,
injury or death, claims for compensation shall be forever barred, un
less, within two years after the injury or death, application shall
have been made to the industrial commission of Ohio or to the em
ployer in the event such employer has elected to pay compensation
direct.
S e c . 1465-73. Employers mentioned in subdivision two of section Employers liathirteen [1465-60] hereof, who shall fail to comply with the provisions
mages‘
of section twenty-two [1465-69] hereof, shall not be entitled to the ben
efits of this act during the period of such noncompliance, but shall be
liable to their employees for damages suffered by reason of personal in
juries sustained in the course of employment caused by the wrongful
act, neglect, or default of the employer, or any of the employer’s offi
cers, agents, or employees, and also to the personal representatives of
such employees where death results from such injuries, and in such
action the defendant shall not avail himself or itself of the following
common-law defenses:
The defense of the fellow-servant rule, the defense of the assumption Defenses abroof risk, or the defense of contributory negligence.
gated.
And such employers shall also be subject to the provisions of the two
sections next succeeding.
S e c . 1465-74. Any employee whose employer has failed to comply Claim for comwith the provisions of section twenty-two [1465-69] hereof, who has been pensa lon'
injured in the course of his employment, wheresoever such injury has
occurred, and which was not purposely self-inflicted, or his dependents
in case death has ensued, may, in lieu of proceeding against his em
ployer by civil action in the courts, as provided in the last preceding
section, file his application with the State liability board of awards for
compensation in accordance with the terms of this act, and the board
shall hear and determine such application for compensation in like
manner as in other claims before the board; and the amount of the com- Determination
pensation which said board may ascertain and determine to be due to y oar *
such injured employee, or to his dependents in case death has ensued,
shall be paid by such employer to the person entitled thereto within
ten days after receiving notice of the amount thereof as fixed and deter
mined by the board; and in the event of the failure, neglect, or refusal
of the employer to pay such compensation to the person entitled thereto,
within said period of ten days, the same shall constitute a liquidated
claim for damages against such employer in the amount so ascertained
and fixed by the board, which with an added penalty of fifty per cen
tum, may be recovered in an action in the name of the State for the ben
efit of the person or persons entitled to the same. And any employee
whose employer has elected to pay compensation to his injured, or to
the dependents of his killed employees, m accordance with the provi
sions of section twenty-two [1465-69] hereof, may, in the event of the
failure of his employer to so pay such compensation or furnish such
medical, surgical, nursing, and hospital services and attention or fu
neral expenses, file his application with the State liability board of
awards for the purpose of having the amount of such compensation and

78&

W O R K M E N ’ s COMPENSATION LAW S OF TH E UNITED STATES.

such medical, surgical, nursing, and hospital services and attention or
funeral expenses determined; and thereupon like proceedings shall be
had before the board and with like effect as hereinbefore provided.
Procedure.
And the State liability board of awards shall adopt and publish rules
and regulations governing the procedure before the board provided in
this section, and shall prescribe forms of notices and the mode and man
ner of serving the same in all claims for compensation arising under this
section. Any suit, action, or proceeding brought against any employer
under the provisions of this section, may be compromised by the board,
or such suit, action, or proceeding may be prosecuted to final judgment
as in the discretion of the board may best subserve the interests of the
persons entitled to receive such compensation.
Defaults in payS e c . 1465-75. If any employer shall default in any payment rements•
quired to be made by him to the State insurance fund the amount due
from him shall be collected by civil action against him in the name of
the State as plaintiff; and it shall be the duty of the State liability board
of awards on the first Monday in February, 1914, and on the first Mon
day of each month thereafter, to certify to the attorney general of the
State the names and residences of all employers known to the board to
be in default for such payments for a longer period than five days, and
the amount due from each such employer, and it shall then be the
duty of the attorney general forthwith to bring, or cause to be brought
against each such employer a civil action in the proper court for the
collection of such amount so due, and the same when collected shall
be paid into the State insurance fund, and such employer’s compliance
with the provisions of this act requiring payments to be made to the
State insurance fund shall date from the time of the payment of said
money so collected as aforesaid to the treasurer of State for credit to the
State insurance fund.
Willfulinjuries.
S e c . 1465-76 (as amended by acts of 1914, page 193). But where a
personal injury is suffered by an employee, or where death results to
an employee from personal injury while in the employ of an employer
in the course of employment, and such employer has paid into the
State insurance fund the premium provided for in this act, or is author
ized directly to compensate such employee or dependents by virtue of
compliance with section twenty-two [1465-69] of this act, and in case
such injury has arisen from the willful act of such employer, or any of
such employer’s officers or agents, or from the failure of such employer
or any of such employer’s officers or agents to comply with any lawful
requirements for the protection of the lives and safety of employees,
then in such event nothing in this act contained shall affect the civil
liability of such employer, but such injured employee, or his legal rep
resentative in case death results from the injury, may, at his option,
either claim compensation under this act or institute proceedings in
Choice of pro- the courts for his damage on account of such injury; and such emcedure.
ployer shall not be liable for any injury to any employee or his legal
representative in case death results, except as provided in this section;
and in all actions authorized by this section the defendant shall be en
titled to plead the defense of contributory negligence and the defense
Defenses.
0f the fellow-servant rule; and, in all cases determined in court as
authorized by this section when a judgment is awarded the plaintiff,
the court shall determine, fix, and award the amount of fee or fees to be
paid plaintiff’s attorney or attorneys, any contract to the contrary not
withstanding.
Every employee, or his legal representative in case death results,
who makes application for an award, or accepts compensation from an
employer who elects, under section twenty-two [1465-69] of this act,
directly to pay such compensation, waives his right to exercise his
option to institute proceedings in any court, except as provided in sec
tion forty-three [1465-90] hereof. Every employee, or his legal repre
sentative in case death results, who exercises his option to institute
proceedings in court as provided in this section, waives his right to any
award, or direct payment of compensation from his employer under sec
tion twenty-two^ [1465-69] hereof, as provided in this act.
The term “ willful act,” as employed in this section shall be con
strued to mean an act done knowingly and purposely with the direct
object of injuring another.

TEXT OF LAW S— OHIO.

789

Sec. 1465-77. All judgments obtained in any action prosecuted by Judgments prethe board or by the State under the authority of this act shall have the
same preference against the assets of the employer as is now or may
hereafter be allowed by law on judgments rendered for claims for taxes.
S e c . 1465-78. No compensation shall be allowed for the first week
First week,
after the injury is received, except the disbursement hereinafter author
ized for medical, nurse, and hospital services and medicines, and for
funeral expenses.
S e c . 1465-79 (as amended by act, page 313, acts of 1919). In case of
Temporary totemporary disability, the employee shall receive sixty-six and twodisability,
thirds per cent of his average weekly wages so long as such disability is
total, not to exceed a maximum of fifteen dollars per week, and not less
than a minimum of five dollars per week, unless the employee’s wages
shall be less than five dollars per week, in which event he shall receive
compensation equal to his full wages; but in no case to continue for
more than six years from the date of the injury, nor to exceed three
thousand seven hundred and fifty dollars.
S e c . 1465-80 (as amended by act, p. 313, acts of 1919). In case
Partial disabilof injury resulting in partial disability, the employee shall receive y*
sixty-six and two-thirds per cent of the impairment of his earning
capacity during the continuance thereof, not to exceed a maximum
of twelve dollars per week, nor a greater sum in the aggregate than
thirty-seven hundred and fifty dollars; and such compensation shall
be in addition to the compensation allowed to the claimant for the
period of temporary total disability resulting from such injury.
In cases included in the following schedule the disability in each
case shall be deemed to continue for the period specified, and the com
pensation so paid for such injury shall be specified herein, and shall
be in addition to the compensation allowed the claimant for the period
of temporary total disability resulting from such injury, to wit:
For the loss of a thumb, 66f per cent of the average weekly wages Schedule,
during 60 weeks.
For the loss of a first finger, commonly called index finger, 66§ per
cent of the average weekly wages during 35 weeks.
For the loss of a second finger, 66f per cent of the average weekly
wages during 30 weeks.
For the loss of a third finger, 66| per cent of the average weekly
wages during 20 weeks.
For the loss of a fourth finger, commonly known as the little finger,
66§ per cent of the average weekly wages during 15 weeks.
# The loss of the second, or distal phalange, of the thumb shall be con
sidered to be equal to the loss of one-half of such thumb; the loss of more
than one-half of such thumb shall be considered to be equal to the loss
of the whole thumb.
# The loss of the third, or distal phalange, of any finger shall be con
sidered to be equal to the loss of one-third of such finger.
The loss of the middle, or second phalange, of any finger shall be
considered to be equal to the loss of two-thirds of such finger.
The loss of more than the middle and distal phalanges of any finger
shall be considered to be equal to the loss of the whole finger: Pro
vided,, however, That in no case will the amount received for more than
one finger exceed the amount provided in this schedule for the loss of
a hand.
For the loss of the metacarpal bone (bones of palm) for the corersponding thumb, finger, or fingers as above, add 10 weeks to the number of
weeks as above.
For ankylosis (total stiffness of) or contractures (due to scars or
injuries) which makes any of the fingers, thumbs, or parts of either
more than useless, the same number of weeks apply to such members,
or parts thereof as given above.
For the loss of a hand, 66§ per cent of the average weekly wages
during 150 weeks.
For the loss of an arm, 66§ per cent of the average weekly wages
during 200 weeks.
For the loss of a great toe, 66§ per cent of the average weekly wages
during 30 weeks.

790

W O R K M E N ’ S COMPENSATION LAW S o f TH E UNITED STATES.

For the loss of one of the toes other than the great toe, 66§ per cent
of the average weekly wages during 10 weeks.
The loss of more than two-thirds of any toe shall be considered to be
equal to the loss of the whole toe.
The loss of less than two-thirds of any toe shall be considered to be
no loss.
For the loss of a foot, 66f per cent of the average weekly wages during
125 weeks.
For the loss of a leg, 66§ per cent of the average weekly wages during
175 weeks.
For the loss of an eye, 66f per cent of the average weekly wages
during 100 weeks.
For the permanent partial loss of sight of an eye, 66 J per cent of
the average weekly wages for such portion of 100 weeks as the com
mission may, in each case, determine, based upon the percentage of
vision actually lost as a result of the casualty, but in no case shall an
award of compensation be made for less than a 25 per cent loss of vision.
The amounts specified in this clause are all subject to the limitations
as to the maximum weekly amount payable as hereinbefore specified
in this section.
Permanent toS e c . 1465-81. In cases of permanent total disability, the award
lability.
shall be 661 per cent of the average weekly wages, and shall continue
until the death of such person so totally disabled, but not to exceed a
maximum of $12 per week and not less than a minimum of $5 per week,
unless the employee’s average weekly wages are less than $5 per week
at the time of the injury, in which event he shall receive compensation
in an amount equal to his average weekly wages.
The loss of both hands or both arms, or both feet or both legs, or
both eyes, or of any two thereof, shall prima facie constitute total and
permanent disability, to be compensated according to the provisions
of this section.
Death.
s EC> 1465-82 (as amended by act, p. 313, acts of 1919). In case
the injury causes death within the period of two years, the benefits
shall be in the amounts and to the persons following:
1. If there be no dependents, the disbursements from the State
insurance fund shall be limited to the expenses provided for in section
forty-two hereof [1465-89].
2 . If there are wholly dependent persons at the time of the death,
the payment shall be 66§ per cent of the average weekly wages, not
to exceed fifteen dollars per week in any case and to continue for
the remainder of the period between the date of death and 8 years
after the date of the injury, and not to amount to more than a
maximum of five thousand dollars, nor less than a minimum of two
thousand dollars.
3. If there are partly dependent persons at the time of the death,
the payment shall be 66f per cent of the average weekly wages, not
to exceed fifteen dollars per week in any case and to continue^ for all
or such portion of the period of 8 years after the date of the injury,
as the commission in each case may determine, and not to amount
to more than a maximum of five thousand dollars
4. In cases in which'compensation on account of the injury has been
continuous to the time of the death of the injured person, and the death
is the result of such original injury, compensation shall be paid for
such death as though same had occurred within the two years herein
before provided, deducting from the final award therefor the total
amount theretofore paid on account of total or partial disability on
account of such injury.
Dependents.
5 . The following persons shall be presumed to be wholly dependent
for support upon a deceased employee:
(A) A wife upon a husband with whom she lives at the time of his
death.
(B) A child or children under the age of sixteen years (or over said
age if physically or mentally incapacitated from earning) upon the
parent with whom he is living at the time of the death of such parent.
In all other cases, the question of dependency, in whole or in part,
shall be determined in accordance with the facts in each particular
case existing at the time of the injury resulting in the death of such
employee, but no person shall be considered as dependent unless a

TEXT OF LAW S— OHIO.

791

member of the family of the deceased employee, or bears to him the
relation of husband, or widow, lineal descendant, ancestor, or brother
or sister. The word “ child,” as used in this act, shall include a post
humous child, and a child legally adopted prior to the injury.
S e c . 1465-83 (as amended by act, p. 313, acts of 1919). The benefits
of
in case of death, shall be paid to such one or more of the dependents of death benefitsthe decedent, for the benefit of all the dependents as may be deter
mined by the industrial commission of Ohio, which may apportion the
benefits among the dependents in such manner as it may deem just and
-equitable. Payment to a dependent subsequent in right may be
made, if the commission deems it proper, and shall operate to discharge
all other claims therefor. The dependent or person to whom benefits
are paid shall apply the same to the use of the several beneficiaries
thereof according to their respective claims upon the decedent for sup
port, in compliance with the finding and direction of the commission.
In all cases of death where the dependents are a widow and one or
more minor children, it shall be sufficient for the widow to make appli
cation to the commission on behalf of herself and minor children; and
in cases where all of the dependents are minors, the application shall
be made by the guardian or next friend of such minor dependents.
In all cases of death from causes other than the injury for which Death while re
award had theretofore been made on account of temporary, or perma- Nation? compen’
nent partial, or total disability, in which there remains an unpaid bal
ance, representing payments accrued and due decedent at the time of
his death, the commission may at its discretion, after satisfactory
proof has been made warranting such action, award or pay any unpaid
balance of such award to such of the dependents of the decedent, or
for services rendered on account of the last illness or death of such
decedent, as the commission shall determine in accordance with the
circumstances in each such case.
S e c . 1465-84. The average weekly wage of the injured person at Basis of comthe time of the injury shall be taken as the basis upon which to com-p mg
pute the benefits.
S e c . 1465-85. If it is established that the injured employee was of Young employsuch age and experience when injured as that under natural conditions ees'
his wages would be expected to increase, the fact may be considered
in arriving at his average weekly wage.
S ec . 1465-86. The powers and jurisdiction of the board over J u r is d ic tio n
each case shall be continuing, and it may from time to time make 0 mmng‘
such modification or change with respect to former findings or orders
with respect thereto, as, in its opinion may be justified.
S e c . 1465-87 (as amended by act, p. 157, acts of 1917). Thecommis- Lumpsums,
sion, under special circumstances, and when the same is deemed advis
able may commute payments of compensation or benefits to one or
more lump sum payments.
Sec. 1465-88. Compensation before payment shall be exempt from Payments exall claims or creditors and from any attachment or execution, and shallemp '
be paid only to such employees or their dependents.
S e c. 1465-89 (as amended by act, p. 528, acts of 1917). In addition to Medical, etc.,
the compensation provided for herein, the industrial commission 0f exPenses*
Ohio shall disburse and pay from the State insurance fund, such
amounts for medical, nurse, and hospital services and medicine as it
may deem proper, not, however, in any instance, to exceed the sum of
two hundred dollars unless in unusual cases, wherein it is clearly
shown that the actually necessary medical, nurse, and hospital services
and medicines exceed the amount of two hundred dollars, such com
mission shall have authority to pay such additional amounts upon a
satisfactory finding of facts being made and upon unanimous approval
by such commission, such finding of facts to be set forth upon the
minutes; and, in case death ensues from the injury, reasonable funeral
expenses shall be disbursed and paid from the fund in an amount not
to exceed the sum of one hundred and fifty dollars, and such commis
sion shall have full power to adopt rules and regulations with respect
to furnishing medical, nurse, and hospital service and medicine to
injured employees entitled thereto, and for the payment therefor.
Sec. 1465-90 (as amended by act, p. 313, acts of 1919). The commis- Decisions final,
sion shall have full power and authority to hear and determine all ques-

792

WORKMEN’ S COMPENSATION LAWS OF THE UNITED STATES.

tions within its jurisdiction, and its decision thereon shall be final:
Provided, however, In case the final action of such commission denies
the right of the claimant to participate at all or to continue to participate
in such fund on the ground that the injury was self-inflicted or on the
ground that the accident did not arise in the course of employment, or
upon any other ground going to the basis of the claimant’s right, then
the claimant, within thirty (30) days after the notice of the final action
of such commission, may, by filing his appeal in the common pleas
court of the county wherein the injury was inflicted or in the common
pleas court of the county wherein the contract of employment was made,
m case where the injury occurs outside of the State of Ohio, be entitled to
a trial in the ordinary way, and be entitled to a jury if he demands it.
Procedure.
j n such a proceeding, the prosecuting attorney of the county, unless he
represents the appellant, shall represent the industrial commission of
Ohio, without additional compensation, and he shall be notified by the
clerk forthwith of the filing of such appeal, but if said prosecuting attor
ney represents the appellant, the industrial commission of Ohio shall
be notified by said clerk forthwith of the filing of said appeal. Within
thirty days after filing his appeal, the appellant shall file a petition in
the ordinary form against such commission as defendant, and further
pleadings shall be had in said cause, according to the rules of civil pro
cedure, and the court, or the jury, under the instructions of the court,
if a jury is demanded, shall determine the right of the claimant; and
if they determine the right in his favor, shall fix his compensation
within the limits under the rules prescribed in this act; and any final
judgment so obtained shall be paid by the industrial commission of
Ohio out of the State insurance fund in the same manner as such awards
are paid by such commission. In claims for compensation, medical,
hospital and nursing services and medicines and funeral expenses
brought before said commission, by an injured employee or by his de
pendents in the event of his death as the result of injury sustained in the
course of employment, in which said commission denies the right of
claimant or claimants to receive 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 to his injured and the dependents of 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 of employment, or upon any other
ground going to the basis of the claimant’s right, the claimant or claim
ants shall have the right to appeal to the common pleas court of the
county wherein the injury was inflicted, or to the common pleas court
of the county wherein the contract of employment was made, in cases
where the injury occurs outside the State of 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; and if a verdict is rendered in favor of the claimant or
claimants, compensation shall be fixed within the limits under the
rules prescribed in this act; and any final judgment so obtained shall
be paid by the employer. Such judgment shall haA^e the same prefer
ence against the assets of the employer in favor of the claimant or claim
ants as is now, or may hereafter be, allowed by law on judgment renClaims against dered for claims for taxes. Any claims for compensation, medical,
employers.
hospital and nursing services, and medicines and funeral expenses
brought before said commission by an injured employee, or by his de
pendents in the event of his death as a result of injury sustained in the
course of employment in which said commission denies the right of
claimant or claimants to receive or to continue to receive compensation
from an employer who has failed or neglected, either to contribute to the
State insurance fund or to elect to pay compensation, medical, hospital
or nursing services, and medicines and funeral expenses direct to his
injured, or the dependents of 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 of employment, or upon any other ground going to
the basis of the claimant’s right, the claimant or claimants have the
Appeals.
right to appeal to the common pleas court of the county wherein the
injury was inflicted, or to the common pleas court of the county wherein
the contract of employment was made, in cases where the injury occurs
Appeals.

TEXT OF LAWS— OHIO.

793

outside of the State of 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; and if a
verdict is rendered in favor of the claimant or claimants, compensation
shall be fixed within the limits under the rules prescribed in this act;
and any final judgment so obtained shall be paid by the employer.
Such judgment shall have the same preference against the assets of the
employer in favor of the claimant or claimants as is now, or may here
after be, allowed by law on judgment rendered for taxes. The cost of
such proceeding, including a reasonable attorney’s fee to the claimant’s
attorney to be fixed by the trial judge, shall be taxed against the unsuc
cessful party. #Either party shall have the right to prosecute error as in
the ordinary civil cases.
S e c . 1465-91. Such commission shall not be bound by the usual
Procedure,
common law or statutory rules of evidence or by any technical or
formal rules of procedure, other than as herein provided; but may
make the investigation in such manner as in its judgment is best
calculated to ascertain the substantial rights of the parties and to
carry out justly the spirit of this act.
S e c . 1465-92. No provision of this act relating to the amount of comFixing dampensation shall be considered by or called to the attention of the jury ages'
on the trial of any action to recover damages as herein provided.
S e c . 1465-93 (as amended by act, p. 313, acts of 1919). A minor shall
Minors,
be deemed sui juris for the purposes of this act, and no other person
shall have any cause of action or right to compensation for an injury
to such minor workman, but in the event of the award of a lump sum
of compensation to such minor employee, such sum shall be paid only
to the legally appointed guardian of such minor.
S e c . 1465-94 (as amended by act, p. 313, acts of 1919). No agreement Waivers,
by an employee to waive his rights to compensation under this act shall
be valid except that an employee who is blind may waive the com
pensation that may become due him for injury or disability in cases
where such injury or disability may be directly caused by or due to
his blindness. The industrial commission of Ohio may adopt and
enforce rules governing the employment of such persons and the in
spection of their places of employment.
No agreement by an employee to pay any portion of the premium
paid by his employer into the State insurance fund shall be valid, and . Employees payany employer who deducts any portion of such premium from the wages mg Premiuinsor salary of any employee entitled to the benefits of this act shall be
guilty of a misdemeanor, and upon conviction thereof shall be fined not
more than one hundred dollars for each such offense.
S e c . 1465-95 (asamended by act, p. 313, acts of 1919). Any employee
Medical exanaiclaiming the right to receive compensation under this act may be re- na 10ns*
quired by the industrial commission of Ohio to submit himself for
medical examination at any time and from time to time at a place
reasonably convenient for such employee, and as may be provided by
the rules of the commission.
Such employee or claimant so required by the commission to submit
himself or herself for such medical examination, at a point outside of the
place of permanent or temporary residence of such claimant, as herein
provided for, shall be entitled to have paid to him by the commission
the necessary and actual expenses on account of such attendance for
such medical examination after approval of such expense statement
by the commission or its duly appointed representative for that pur
pose. , If such employee refuses to submit to any such examination
or obstructs the same, his right to have his claim for compensation
considered, if his claim be pending before the commission or to receive
any payments for compensation theretofore granted shall be suspended
during the period of such refusal or obstruction.
S e c . 1465-96. All books, records, and pay rolls of the employers Employers’ pay
of the State, showing or reflecting in any way upon the amount of ro s’ e c'
wage expenditure of such employers, shall always be open for in
spection oy the commission or any of its traveling auditors, inspectors,
or assistants, for the purpose of ascertaining the correctness of the
wage expenditure, the number of men employed, and such other
information as may be necessary for the uses and purposes of the

794

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 .

commission in its administration of the law. Refusal on the part of
any employer to submit his books, records, and pay rolls for the in
spection of any member of the commission or traveling auditor, in
spector, or assistant presenting written authority from the board shall
subject such employer to a penalty of one hundred dollars ($100) for
each such offense, to be collected by civil action in the name of the
State, and paid into the State insurance fund to become a part thereof.
MisrepresentaS e c . 1465-97. Any employer who misrepresents to the commission
tl0ns*
the amount of pay roll upon which the premium under this act is based,
shall be liable to the State in ten times the amount of the difference in
premium paid and the amount the employer should have paid. The
liability to the State under this section shall be enforced in a civil
action in the name of the State, and all sums collected under this sec
tion shall be paid into the State insurance fund.
Railway, etc.,
S ec . 1465-98. The provisions of this act shall apply to employers and
employees.
their employees engaged in intrastate and also in interstate and foreign
commerce, for whom a rule of liability or method of compensation has
been or may be established by the Congress of the United States, only
to the extent that their mutual connection with intrastate work may
and shall be clearly separable and distinguishable from interstate or
foreign commerce, and then only when such employer and any of his
workmen working only in this State, with the approval of the industrial
commission of Ohio, and so far as not forbidden by any act of Congress,
voluntarily accept the provisions of this act by filing written accept
ances, which, when filed with and approved by the board, shall subject
the acceptors irrevocably to the provisions of this act to all intents and
purposes as if they had been originally included in its terms, during
the period or periods for which the premiums herein provided have
been paid. Payments of premium shall be on the basis of the pay roll
of the workmen who accept as aforesaid.
Accidents to be
S e c . 1465-99. Every employer of the State shall keep a record of all
reported.
injuries, fatal or otherwise, received by his employees m the course of
their employment. Within a week after the occurrence of an accident
resulting in personal injury, a report thereof shall be made in writing
to the State liability board of awards upon blanks to be procured from
the board for that purpose. Such report shall contain the name and
nature of the business of the employer, the location of his establishment
or place of work, the name, address, and occupation of the injured
employee, and shall state the time, the nature and cause of injury and
such other information as may be required by the board. Any em
ployer who refuses or neglects to make any report required by this
section, shall be guilty of a misdemeanor, and, upon conviction thereof,
shall be punished by a fine of not more than five hundred dollars ($500)
for such offense.
Enforcement.
S e c . 1465-100. Upon the request of the board, the attorney general,
or under his direction, the prosecuting attorney of any county shall
institute and prosecute the necessary actions or proceedings for the
enforcement o f any of the provisions of this act, or for the recovery of
any money due the State insurance fund, or any penalty herein pro
vided for, arising within the county in which he was elected, and shall
defend in like manner all suits, actions, or proceedings brought against
the board or the members thereof in their official capacity.
W h a t a g re e S e c . 1465-101 (as amended by act, p. 6 , acts of 1917). All contracts
ments void.
and agreements shall be absolutely void and of no effect which under
take to indemnify or insure an employer against loss or liability for the
payment of compensation to workmen or their dependents, for death,
injury, or occupational disease occasioned in the course of such work
men’s employment, or which provide that the insurer shall pay such
compensation, or which indemnify the employer against damages when
the injury, disease, or death arises from the failure to comply with any
lawful requirement for the protection of the lives, health, and safety of
employees, or when the same is occasioned by the willful act of the
employer or any of his officers or agents, or by which it is agreed that
the insurer shall pay any such damages. No license or authority to
enter into any such agreements or issue any such policies of insurance
shall be granted or issued by any public authority.

TEXT OF LAWS— OHIO.

795

S e c . 1465-102. The board may make necessary expenditures to Expenditures
obtain statistical and other information to establish the classes provided y
‘
for in section six hereof. The salaries and compensation of the mem
bers of the board, of the secretary, and all actuaries, accountants,
inspectors, examiners, experts, clerks, physicians, stenographers, and
other assistants, and all other expenses of the board herein authorized,
including the premium to be paid by the State treasurer for the bond
to be furnished by him, shall be paid out of the State treasury upon
vouchers signed by two of the members of such board and presented
to the auditor of State, who shall issue his warrant therefor as in other
cases.
S ec . 1465-103 (as amended by act, p. 508, acts of 1915). As a part of Reports of acciits annual report, such board, under oaths of at least two of its members, dentsshall make a report for the preceding fiscal year, of the number of
awards made by it, a general statement of the causes of accidents lead
ing to the injuries for which awards were made and a detailed statement
of the condition of its respective funds. From time to time the board
shall collate such general information as to the business transacted by
i
f
the department as in its judgment may be for distribution to em- mation
m
ployers and employees.
S e c . 146^104. The board shall cause to be printed in proper form R u les, rates,
for distribution to the public its classifications, rates, rules, regulations etc.,to Reprinted,
and rules of procedure, and shall furnish the same to any person upon
application therefor, and the fact that such classifications, rates, rules,
regulations and rules of procedure are printed ready for distribution to
all who apply for the same, shall be a sufficient publication of the same
as required by this act.
S e c . 1465-105. No injunction shall issue suspending or restraining Injunctions,
any order, classification, or rate adopted by the board, or any action
of the auditor of State, treasurer of State, attorney general, or the
auditor or treasurer of any county, required to be taken by them or any
of them by any of the provisions of this act; but nothing herein shall
effect any right or defense in any action brought by the board or the
State in pursuance of authority contained in this act.
Sec. 1465-106. Should any section or provision of this act be decided Q u estion s of
by the courts to be unconstitutional or invalid, the same shall not constltutlonalltyaffect the validity of the act as a whole or any part thereof other than
the part so decided to be unconstitutional.
S e c . 1465-107. It shall be unlawful for the State liability board of N o n r e s id e n t
awards, or any other body constituted by the statutes of the State of
1:)eneflcia"
Ohio, or any court of said State, in awarding compensation to the
dependents of employees, or others killed in Ohio, to make any dis
crimination against the widows, children, or other dependents, who
shall reside in a foreign country; and it shall be the duty of the State
liability board of awards, or any other board or court, in determining
the amount of compensation to be paid to the dependents of killed
employees, to pay to the alien dependents residing in foreign countries
the same benefits as to those dependents residing in the State of Ohio.
S e c . 1465-108. When the dependents of killed employees reside in a Consular officers
foreign country, the consul general, consul, vice consul, or consular
agent, duly accredited to the consular district within which such
killed employee lived at the time of his decease by the country wherein
such dependents of the killed employee reside, shall furnish the
necessary information regarding such dependents of killed employees
so that the State liability board of awards may transmit to such de
pendents the funds provided for in the compensation act of the State
of Ohio, or any amendments thereto.
Approved June 15, 1911.

OKLAHOMA.
ACTS OF 1915.
C h a p t e r 246.— Compensation

of uorlmen for injuries.

ARTICLE O NE.

Title.
Scope.

Definitions.

S e c t io n 1 . This act shall be known as the “ Workmen’s compensa
tion law.”
S ec . 2 (as amended by ch. 14, acts of 1919). Compensation provided
for in this act shall be payable for injuries sustained by employees
engaged in the following hazardous employments, to wit: Factories,
cotton gins, mills and workshops where machinery is used; printing,
electrotyping, photo-engraving and stereotyping plants where ma
chinery is used; foundries, blast furnaces, mines, wells, gas works,
gasoline plants, oil refineries and allied plants and works, waterworks,
reduction works, elevators, dredges, smelters, powder works, glass
factories, laundries operated by power, creameries operated by power,
quarries, construction and engineering works, construction and oper
ation of pipe lines, tanneries, paper mills, transfer and storage, construc
tion of public roads, wholesale mercantile establishments, employees
employed exclusively as salesmen or clerical workers excepted; opera
tion and repair of elevators in office buildings; logging, lumbering, street
and interurban railroads not engaged in interstate commerce, buildings
being constructed, repaired or demolished, farm buildings and farm
improvements excepted; telegraph, telephone, electric light or power
plants or lines; steam heating or power plants and railroads not engaged
in interstate commerce.
S e c . 3 (as amended by ch. 14, acts of 1919). 1 . “ Hazardous employ
ment” shall mean manual or mechanical work or labor connected with
or incident to one of the industries, plants, factories, lines, occupa
tions or trades, mentioned in section 2 of this act, but shall not in
clude anyone engaged in agriculture, horticulture, or dairy or stock
raising, or in operating any steam railroad engaged in interstate com
merce.
2 . “ Commission” means the State industrial commission, as con
stituted by this act.
3. “ Employer,” except when otherwise expressly stated, means a
person, partnership, association, corporation, and the legal representa
tives of a deceased employer, or the receiver or trustee of a person,
partnership, association, or corporation employing workmen m haz
ardous employment, and shall include the State, county, city, or any
municipality when engaged in any hazardous work within the meaning
of this act in which workmen are employed for wages: Provided, how
ever, That so long as by State law, city charter, or municipal ordinance,
provision equal to or better than that given under the terms of this act,
is made for such employees injured in the course of employment such
employees shall not be entitled to the benefits of this act.
4. “ Employee” means any person engaged in manual or mechanical
work, in the employment of any person, firm, or corporation carrying
on a business covered by the terms of this act.
5. “ Employment” includes employment only in a trade, business,
or occupation carried on by the employer for pecuniary gain.
6 . “ Compensation” means the money allowance payable to an em
ployee as provided for in this act.
7. “ Injury or personal injury” means only accidental injuries aris
ing out of and in the course of employment and such disease or infec
tion as may naturally and unavoidably result therefrom.
8 . “ Wages” means the money rate at which the service rendered is
recompensed under the contract of hiring in force at the time of the acci-

796

T E X T

O F

L A W S —

O K L A H O M A .

797

dent, including the reasonable value of board, rent, housing, lodging,
or similar advantage received from the employer.
9. “ Insurance carrier” shall include stock corporations, reciprocal
or interinsurance association^] or mutual associations with which em
ployers have insured, and employers permitted to pay compensation,
directly under the provisions or [of] subdivision (d) of section 1 of
article 3 of this act.
10 . “ Factory” means any undertaking in which the business of
working at commodities is carried on with power-driven machinery,
either in manufacture, repair, cleaning, or assorting, and shall include
the premises, yard, and plant of the concern, but shall not include any
such plants or machinery used on farms.
11 . “ Workshop” means any premises, yard, plant, room, or place
wherein £>ower-driven machinery is employed and manual or mechani
cal labor is exercised by way of trade for gain or otherwise or incidental
to the process of making, altering, repairing, printing, or ornamenting,
cleaning, finishing, or adapting for sale or otherwise any article or
part of article, machine, or thing over which premises, room, or place
the employer of the person working therein has the right of access or
control.
12 . Mi ne” means any mine where coal, ore, mineral, gypsum, or
rock is dug or mined under the ground.
13. “ Quarry” means an opening or cut from which coal is mined, or
clay, ore, mineral gypsum, gravel, sand, or rock is cut or taken for
manufacturing, building, or construction purposes.
14. “ Construction work or engineering work” means improvement or
alteration or repair of buildings, structures, streets, highways, sewers,
street railways, railroads, logging roads, interurban railroads, electric,
steam, or water plants, telegraph and telephone plants and lines, elec
tric lines or power lines, and includes any other work for the construc
tion, altering or repairing for which machinery driven by mechanical
power is used.
15. “ Where several classes or kinds of work is performed the commis
sion shall classify such employment, and the provision of this act shall
apply only to such employees as are engaged m manual or mechanical
labor of a hazardous nature.”
ARTICLE TW O .

S e c t i o n 1 (as amended by ch. 14, acts of 1919). Every employer sub- Compensation
ject to the provisions of this act shall pay, or provide as required by Payable>when,
this act compensation according to the schedules of this article for the
disability of his employee resulting from an accidental personal injury
sustained by the employee arising out of and in the course of his em
ployment, without regard to fault as a cause of such injury, except
Avhere the injury is occasioned by the willful intention of the injured
employee to bring about injury to himself or of another, or where the
injury"results directly from the willful failure of the injured employee
to use a guard or protection against accident furnished for his use pur
suant to any statute or by order of the State labor commissioner or
results directly from the intoxication of the injured employee while on
duty: Provided, That the provisions of this act shall not apply to any
employer unless he shall^employ more than two workmen: And 'pro
vided further, That a principal contractor, intermediate, or subcon
tractor, shall be liable for compensation to any employee injured
while in the employ of any of his intermediate or subcontractors and
engaged upon the subject matter of his contract, to the same extent
as his immediate employer. Any principal, intermediate, or subcon
tractor who shall pay compensation under the foregoing provision may
recover the amount paid from the subordinate subcontractor through
whom he may have been rendered liable under this section.
S e c . 2 (as amended by ch. 14, acts of 1919). The liability prescribed . Remedy exciuin the last preceding section shall be exclusive, except that if a,n em- slAException.
ployer has failed to secure the payment of compensation for his iiijured
employee, as provided in this act, then an injured employee, or his legal
representatives if death results from the injury, may maintain an

798

WORKMEN’ S COMPENSATION LAWS OF THE UNITED STATES.

Defenses abro- action in the courts for damages on account of such injury, and in such,

gated.

an action the defendant may not plead or prove as defense that the
injury was caused by the negligence of a fellow servant, or that the
employee assumed the risk of his employment, or that the injury was
due to the contributory negligence of the employee: Provided, That
this section shall not be construed to relieve the employer from any
other penalty provided for in this act for failure to secure the payment
of compensation provided for in this act.
Waiting time.
S ec. 3 (as amended by ch. 14, acts of 1919). No compensation shall
be allowed for the first seven days of disability, except the benefits
provided for in section 4 of this article: Provided, That, should disability
continue for twenty-one ( 21) or more days, compensation shall be com
puted from the date of injury.
Medical, etc.,
S e c . 4 (as amended by] ch. 14, acts of 1919). The employer shall
aid*
promptly provide for an injured employee such medical, surgical or
other attendance or treatment, nurse and hospital service, medicine,
crutches and apparatus as may be necessary, during sixty days after
the injury or for such time in excess thereof as in the judgment of the
commission may be required. If the employer fails to provide the
same, the injured employee may do so at the expense of the employer.
The employee shall not be entitled to recover any amount expended
by him for such treatment or services unless he shall have requested
the employer to furnish the same and the employer shall have refused or
neglected to do so. All fees and other charges for such treatment and
services shall be subject to regulation by the commission as provided
in section 14 of this article, and shall be limited to such charges as pre
vail in the same community for similar treatment of an injured person
of a like standard of living, and such charges shall not exceed the sum
of one hundred ($100 ) dollars, unless approved by the commission;
the commission shall have authority to order a change of physicians
when in its judgment such change is desirable or necessary: Provided,
The employer shall not be liable to make any of the payments pro
vided for in this section, in case of a contest of liability where the com
mission shall decide that the injury does not come within the terms of
this act.
Computation of
S ec . 5. Except as otherwise provided in this act, the average weekly
wages.
wages of the injured employee at the time of the injury shall be taken
as the basis upon which to compute compensation and shall be deter
mined as follows:
1. If the injured employee shall have worked in the employment in
which he was working at the time of the accident, whether for the same
employer or not, during substantially the whole of the year immedi
ately 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 employment during the days when so employed.
2. If the injured employee shall not have worked in such employ
ment during substantially the whole of such year, his average annual
earnings shall consist of three hundred times the average daily wage or
salary which an employee of the same class working substantially the
whole of such immediately preceding year in the same or in a similar
employment in the same or a neighboring place shall have earned in
such employment during the days when so employed.
3. If either of the foregoing methods of arriving at the annual average
earnings of an injured employee can not reasonably and fairly be applied
such annual earnings shall be such sum as, having regard to the previous
earnings of the injured employee and of other employees of the same or
most similar class, working in the same or most similar employment
in the same or neighboring locality, shall reasonably represent the an
nual earning capacity of the injured employee in the employment in
which he was working at the time of the accident.
4. The average weekly wages of an employee shall be one fifty-second
part of 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 ex
pected to increase the fact may be considered in arriving at his average
weekly wages.

TEXT OF LAWS— OKLAHOMA.

799

S e c . 6 (as amended by ch. 14, acts of 1919). The following schedule
of compensation is hereby.established:
1 . In case of total disability adjudged to be permanent, 50 per centum Permanent toof the average weekly wages shall be paid to the employees during the
disability,
continuance of such total disability not exceeding five hundred weeks.
Loss of both hands, or both feet, or both legs, or both eyes, or any two
thereof shall, in the absence of 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. In case of temporary total disability, fifty per centum of the aver- Temporary toage weekly wages shall be paid to the employee during the continuancet
ab ythereof, but not in excess of three hundred weeks, except as otherwise
provided in this act.
3. In case of disability partial in character but permanent in quality Permanent
the compensation shall be fifty per centum of the average weekly wages, Partial disability,
and shall be paid to the employee for the period named in the schedule
as follows:
Thumb: For the loss of a thumb, sixty w eeks.
Schedule.
First finger: For the loss of a first finger, commonly called the index
finger, thirty-five weeks.
Second finger: For the loss of a second finger, thirty weeks.
Third finger: For the loss of a third finger, twenty weeks.
# Fourth finger: For the loss of a fourth finger, commonly called the
little finger, fifteen weeks.
Phalange of thumb or finger: The loss of the first phalange of the
thumb or finger shall be considered equal to the loss of one-half of such
thumb or finger, and compensation shall be one-half of the amount
above specified; the loss of more than one phalange shall be considered
as the loss of the entire thumb or finger: Provided, however, That in no
case shall the amount received for more than one finger exceed the
amount provided in this schedule for the loss of a hand.
Great toe: For the loss of a great toe, thirty weeks.
Other toes: For the loss of one of the toes other than the great toe,
ten weeks.
Phalange of toe: The loss of the first phalange of any toe shall be
considered to be equal to the loss of one-half of the amount specified.
The loss of more than one phalange shall be considered as the loss of the
entire toe.
Hand: For the loss of a hand, two hundred weeks.
Arm: For the loss of an arm, two hundred fifty weeks.
Foot: For the loss of a foot, one hundred fifty weeks.
Eye: For the loss of an eye, one hundred weeks.
Leg: For the loss of a leg, one hundred seventy-five weeks.
Loss of use: Permanent loss of use of a thumb, finger, toe, arm, hand,
foot, leg, or eye, shall be considered as the equivalent of the loss of such
thumb, finger, toe, hand, arm, foot, leg, or eye.
Amputations: Amputation between the elbow and the wrist shall
be considered as the equivalent of the loss of a hand. Amputation be
tween the knee and the ankle shall be considered as the equivalent of
the loss of a foot. Amputation at or above the elbow shall be considered
as the loss of an arm. Amputation at or above the knee shall be con
sidered as the loss of a leg. The compensation for the foregoing specific
injuries shall be in lieu of all other compensations, except the benefits
provided in section 4 of article 2 of this act. In case of an injury result
ing in the loss of hearing or in serious and permanent disfigurement of Disfigurement,
the head, face or hand, compensation shall be payable in an amount to
be determined by the commission^ but not in excess of three thousand
dollars: Provided, That compensation for the loss of hearing or perma
nent disfigurement shall not be in addition to the other compensation
provided for in this section, but shall be taken into consideration in
fixing the compensation otherwise provided.
Other cases: In all other cases in this class of disability the compensa- Cases not enution shall be fifty per centum of the difference between his average merated.
weekly wages and his wage earning capacity thereafter in the same em
ployment or otherwise payable during the continuance of such partial
disability; not to exceed three hundred weeks, but subject to reconsid-

800

WORKMEN’ S COMPENSATION LAWS OF THE UNITED STATES.

eration of the degree of such impairment by the commission on its own
motion or upon the application of any party in interest.
disability, except the particular cases
of this section an injured employee
shall receive fifty per centum of the difference between his average
weekly wages and his wage earning capacity thereafter in the same em
ployment or otherwise, if less than before the injury during continuance
of such partial disability, but not in excess of three hundred weeks,
except as otherwise provided in this act.
Maximum
5 . The compensation payments under the provisions of this act shall
amounts1nimUm not exceed ^ e sum of eighteen ($18) dollars per week or be less than
eight ($8 ) dollars per week: Provided, hoiverer, That if the employee’s
wages at the time of the injury are less than eight ($8 ) dollars per week
he shall receive his full weekly wages: Provided, further, That the com
pensation received as provided under subdivision 4 of this section shall
not, when added to the wages received by such employee after such
injury amount to a greater sum than his average weekly wages received
prior to said injury.
Second injuries.
6 . The fact that an employee has suffered previous disability or
received compensation therefor shall not preclude him from the com
pensation for a later injury, but in determining compensation for the
later injury his average weekly wages shall be such sum as will rea
sonably represent his earning capacity at the time of the later injury.
N o n resid en t
S ec . 7. Compensation under this act to aliens not residents (or
aliens.
about to become nonresidents) of the United States shall be the same
in amount as provided for residents, except that the commission may,
at its option, or upon the application of the insurance carrier, shall com
mute all future installments of compensation to be paid to such aliens
by paying or causing to be paid to them one-half of the computed
amount of such future installments of compensation as determined by
the commission.
Notice.
Sec . 8 . Notice of an injury, for which compensation is payable under
this act shall be given to the commission and to the employer within
thirty days after injury. 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 of the
employee, and state in ordinary language the time, place, nature and
cause of the injury, and be signed by him or by a person in his behalf.
It shall be given to the commission by sending it by mail, by registered
letter, addressed to. the commission at its 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 of resi
dence: Provided, That if the employer be a partnership, then such
notice may be given to any one of 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 of the
business in the place where the injury occurred. The failure to give
such notice, unless excused by the commission, either on the ground
that notice for some sufficient reason could not have been given or on
the ground that the insurance carrier or employer, as the case may be,
has not been prejudiced thereby, shall be a bar to any claim under
this act.
Medical examiS ec . 9. An employee injured, claiming or entitled to compensation
nations.
under this act, shall, if requested by the commission, submit himself
for medical examination at a time, and from time to time, at [a] place
reasonably convenient for the employee and as may be provided by
the rules of the commission. If the employee or the insurance carrier
request, he shall be entitled to have a physician or physicians of his own
selection to be paid by him present to participate in such examination.
If an employee refuses to submit himself to examination, his right to
prosecute any proceeding under this act shall be suspended, and no
compensation shall be payable for the period of such refusal.
Claim.
Sec. 1 0 (as amended by ch. 14, acts of 1919). At anytime after the
expiration of the first seven days of disability on the part of the injured
employee, a claim for compensation may be presented to the commis
sion. If the employer and the injured employee shall reach an agree
ment as to the facts with relation to an injury, for which compensation

Temporary par4 . in case of temporary partial
tial disability.
mentioned in subdivision three

T E X T

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801

is claimed under this act, a memorandum of such an agreement, in Agreement,
form as prescribed by the commission, and signed by both employer
and employee, may be immediately filed by the employer with the
commission, and if approved by the commission, shall, in the absence
of fraud, be deemed binding upon the parties thereto. Such agree
ment shall be approved by the commission only when the terms con
form to the provisions of this act.
The commission shall have full power and authority to determine all Power of comquestions in relation to payment of claims for compensation under the imssl0I1‘
provisions of this act. The commission shall make, or cause to be
made, such investigation as it deems necessary, and upon application
of either party shall order a hearing, and within thirty days after a
claim for compensation is submitted under this section, or such hearing
closed, shall make or deny any award, determining such claim for com
pensation, and file the same in the office of the commission together
with the statement of its conclusion of fact and rulings of law. The com
mission may, before making an award, require the claimant to appear
before an arbitration committee appointed by it and consisting of one
representative of employees, one representative of employers, and
either a member of the commission or a person especially deputized by
the commission to act as chairman, before which the evidence in regard
to the claim shall be adduced and by which it shall be considered and
reported upon. Immediately after such filing the commission shall
send to the parties a copy of the decision. _ Upon a hearing pursuant
to this section either party may present evidence and be represented
by counsel. The decision of the commission shall be final as to all
questions of fact, and except as provided in section 13 of this article as
to all questions of law.
S e c . 11 . In any proceeding, for the enforcement of a claim for com
pensation under this act it A all be presumed, in the absence of sub- Presumptions,
stantial evidence to the contrary:
1 . That the claim comes within the provisions of this act.
2 . That sufficient notice thereof was given.
3. That the injury was not occasioned by the willful intention of the
injured employee to bring about the injury of himself or of another,
4. That the injury did not result solely from the intoxication of the
injured employee while on duty.
5. That the injury did not result directly from the willful failure of
the injured employee to use a guard or protection against accident fur
nished for his use pursuant to any statute or by order of the labor com
missioner [commission].
S e c . 12. Upon its motion or upon the application of any party in
interest, on the ground of a change in conditions, the commission may
at any time review any award, and on such review may make an award Review,
ending, diminishing, or increasing the compensation previously
awarded, subject to the maximum or minimum provided in this act, and
shall state its conclusions of fact and rulings of law, and shall imme
diately send to the parties a copy of the award. No such review shall
effect [affect] such reward as regards any money already paid.
S e c . 13. The award or decision of the commission shall be final and
conclusive upon all questions within its jurisdiction between the par
ties, unless within thirty days after a copy of such award or decision has
been sent by said commission to the parties affected, an action is com- Action by
meneed in the supreme court of the State to review such award or deci-court*
sion. Said supreme court shall have original jurisdiction of such action,
and is authorized to prescribe rules for the commencement and trial of
the same. Such action shall be commenced by filing with the clerk of
the supreme court a certified copy of the award or decision of the com
mission attached to the petition by the complainant, wherein the com
plainant or petitioner shall make his assignments or specifications as to
wherein said award or decision is erroneous and illegal. Said proceed
ing shall be heard in a summary manner and have precedence over all
other civil cases in such court, except preferred corporation commission
appeals. The commission shall be deemed a party to such proceeding,
and the attorney general, without extra compensation, shall represent
uie commission therein Such action shall be subject to the law and
177982°— 21— Bull. 272------ 51

802

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 .

practice applicable to other civil actions cognizable in said court.
Upon the final determination of said action, in which the award or
decision of the commission is sought to be reviewed, the commission
shall make an order or decision in accordance with the judgment of
said court. The commission shall not be liable for any costs apart
from said proceeding, but otherwise the costs shall be taxed as in
other cases.
Costs.
S e c . 14. If the commission or the court before which any proceed
ings for compensation, or concerning an award of compensation, have
been brought under this act determine that such proceedings have not
been so brought on reasonable ground, it shall assess the whole cost of
the proceedings on the party who has so brought them. Claims for
legal services in connection with any claim arising under this act, and
claims for services or treatment rendered or supplies furnished pursuant
to section 4 of article 2 of this act, shall not be enforcible unless ap
proved by the commission. If so approved such claim or claims shall
become a lien upon the compensation awarded, but shall be paid
therefrom only in the manner fixed by the commission.
Payments.
S e c . 15. Compensation under the provisions of this act shall be pay
able periodically) in accordance with the method of payment of the
wages of the employee at the time of his injury, and shall be so provided
for in any award, but the commission may determine that all payment
or payments may be made monthly or at other periods, as it may deem
advisable. The commission, whenever it shall so deem advisable,
Lump sums,
may commute such periodical payments to one or more lump-sum
payments, provided the same shall be in the interest of justice. All
payments as required by the award shall be made to the injured
employee in the manner and form prescribed by the commission.
And employers and insurance companies shall for such purposes be
permitted, or when necessary to protect the interests of the beneficiary
may be required, to make deposits with the commission to secure the
prompt and convenient payment of such compensation.
Default of payS ec . 16. If the payment of compensation, or an installment thereof,
ments.
due under the terms of an award, except in case of appeal from an
award, be not made within ten days after the same is due, by the
employer, or insurance corporation liable therefor, the amount of such
payment shall constitute a liquidated claim for damages against such
employer or insurance corporation, which, with an added penalty of
50 per centum may be recovered in an action to be instituted by the
commission in the name of the people of the State. If such default
be made in the payment of an installment of compensation and the
whole amount of such compensation be not due, the commission may,
if the present value of such compensation be computable, declare the
whole amount thereof due, and recover the amount thereof with the
added penalty of 50 per centum, as provided in this section. Any
such action may be compromised by the commission, or may be prose
cuted to final judgments, as in the discretion of the commission, may
best serve the interests of the persons entitled to receive the compen
sation for the benefits. Compensation recovered under this section
shall be disbursed by the commission to the persons entitled thereto
in accordance with the award. A penalty recovered pursuant to this
section shall be paid into the State treasury and be applicable to the
expenses of the commission.
Limitation.
S ec . 17. The right to claim compensation under this act shall be
forever barred unless within one year after the injury a claim for com
pensation thereunder shall be filed with the commissioner.
Li a b i l i t y of
S e c . 18. If a workman entitled to compensation under this act be
third persons.
injured by the negligence or wrong of another not in the same employ,
such injured workmen shall, before any suit or claim under this act,
elect whether to take compensation under this act or to pursue his
remedy against such other. Such election shall be evidenced in such
manner as the commission may by rule or regulation prescribe. If he
elects to take compensation under this act, the cause of action against
such other shall be assigned to the insurance carrier liable for the pay
ment of such compensation, and if he elects to proceed against such other
person or insurance carrier [sic], as the case may be, shall contribute
the deficiency, if any, between the amount of the recovery against such

T E X T

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803

other person actually collected and the compensation provided or esti
mated by this act for such case. The compromise of any such cause
of action by the workman at any amount less than the compensation
provided for by this act shall be made only with the written approval
of the commission, and otherwise with the written approval of the per
son or insurance carrier liable to pay the same.
S ec . 19. No benefits, savings, or insurance of the injured employee Savings,etc.,of
independent of the provisions of this act shall be considered in deter- emPIoyeemining the compensation or benefits to be paid under this act.
S e c . 20. No agreement by any employee to pay any portion of the
Burden on empremiums paid by his employer to the cost of mutual insurance or other p yer*
insurance, maintained for or carried for the purpose of providing com
pensation as herein required, shall be valid, and any employer who
makes a deduction for such purpose from the wages or salary of any em
ployee entitled to the benefits of this act shall be guilty of a misde
meanor.
S e c . 21 . No agreement by an employee to waive his right to compen- Waivers,
sation under this act shall be valid.
S e c . 22. Claims for compensation or benefits due under this act Assignments,
shall not be assigned, released, or commuted except as provided b y 6
this act, and shall be exempt from all claims of creditors and from
levy, execution, and attachment or other remedy for recovery or col
lection of a debt, which exemption may not be waived. Compensa
tion and benefits shall be paid only to employees.
S ec . 23. The right of compensation granted by this act shall have Preferences,
the same preference or lien, without limit of amount, against the assets
of the employer, as is now or hereafter may be allowed by law for a
claim for unpaid wages for labor.
ARTICLE T H R EE .

S e c t io n 1 (as a m e n d e d by c h a p . 14, a c ts of 1919). An e m p lo y e r Security of payshall secure c om p en sation to h is e m p lo y e e s in one of th e follo w in g w a y s :ments-

(a) By insuring and keeping insured the payment of such compen- insurance,
sation with any stock corporation or mutual association or by exchang
ing contracts of indemnity or interinsurance under reasonable regula
tions prescribed by the commission providing for and securing the
payment of the compensation provided in this act, or other concerns
authorized to transact the business of workmen’s com per sation insur
ance in this State. If insurance be so effected in such corporation or
mutual association or reciprocal or interinsurance association, the
employer shall forthwith file with the commission, in form prescribed by
it, a notice specifying the name of such insurance corporation or
mutual association or reciprocal or interinsurance association together
with a copy of the contract or policy of insurance.
(b) By obtaining and keeping in force guaranty insurance with any Guaranty in
company authorized to do such guaranty business in this State:suranceProvided, That any person, firm, association, or corporation engaged in
the business of writing insurance as required of an employer by this
act who ref uses to limit the policy to be written when requested by
the assured, to employees engaged in hazardous employment, shall be
guilty of a violation of the insurance laws of this State, and the State
insurance board shall punish such violation as provided in section 20 .
chapter 174, session laws of Oklahoma, 1915; or
(c) Subject to the approval of the commission, any employer may A p p r o v e d
enter into or continue an agreement with his or tneir workmen t o s<chemes*
provide a scheme of compensation, benefits or insurance in lieu of
the compensation and insurance provided by this act; but such
scheme shall in no instance provide less than the benefits here
secured nor vary the period of compensation provided for disabilities
or the provisions of this act with respect to periodic payments or the
percentage that such payments shall bear to weekly wages, except
that the sums required may be increased: Provided. further, That
the approval of the State industrial commission shall be granted, if the
scheme provides for contributions by workmen, only when it confers
benefits m addition to those required by this act commensuarate with

such contributions.

804

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

u n ite d

sta te s.

(<?) By furnishing satisfactory proof to the commission of his finan
cial ability to pay such compensation for himself, in which ease the
commission may, in its discretion, require the deposit with the com
mission of securities or indemnity bond in an amount, and of a kind to
be determined by the commission to secure his liability to pay the com
pensation provided for in this act.
If any employer fails to comply with this section he shall be liable
to a penalty for every day which such failure continues of one dollar
for every employee to be recovered in action brought by the commis
sion.
The commission may, in its discretion, for good cause shown,
remit any such penalty: Provided, The employer in default secure
compensation as provided in this section.
Notice to be S ec . 2. Every employer who has complied with section 1 of article
posted.
3
act 8]iau p0St aiHj maintain in a conspicious place or places in
and about his place or places of business typewritten or printed
notices in form prescribed by the commission, stating the fact that he
has complied with all the rules and regulations of the commission,
and that he has secured the payment of compensation to his employees
[and their dependents] in accordance with the provisions of this act.
Failure to give S e c . 3. Failure on part of any employer to secure the payment of
security.
compensation provided in this act shall have the effect of enabling
the commission to proceed on behalf of an injured employee of such
employer against the employer as provided in section 2 of article 2 of
this act, and as provided in section 1 of article 3 of this act.
Provisions of S ec . 4. (a) Every policy of insurance covering the liability of the
policies.
employer for compensation issued by a stock company or by a mutual
association or other concern authorized to transact workmen’s com
pensation insurance in this State, shall contain a provision setting
forth the right of the commission to enforce in the name of the people
of the State of Oklahoma for the benefit of the person entitled to
the compensation insured by the policy either by filing a separate
application or by making the insurance carrier a party to the original
application the liability of the insurance carrier in whole or in part for
the payment of such compensation: Provided, however, That payment,
in whole or in part, of said compensation, by either the employer or
the insurance carrier shall, to the extent thereof, be a bar to the re
covery against the other of the amount so paid.
(b) Every such policy shall contain a provision that, as between the
employee and the insurance carrier, the notice to or knowledge of the
occurrence of the injury on the part of the employer shall be deemed
notice or knowledge, as the case may be, on the part of the insurance
carrier; that jurisdiction of the employer shall, for the purpose of this
act, be jurisdiction of the insurance carrier, and that the insurance
carrier shall in all things be bound by and subject to the orders, find
ings, decisions, or awards rendered against the employer for the pay
ment of compensation under the provision of this act.
(c) Every such policy shall contain a provision to the effect that the
insolvency or bankruptcy of the employer shall not relieve the insur
ance carrier from the payment of compensation for injuries sustained
by an employee during the life of such policy.
(d) Every such policy shall contain a provision that, as the purpose
of 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 of 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 act.
(c)
No contract of insurance issued by a stock company, mutual
association, or other concern against the liability rising under this act
shall be canceled within the time limited in such contract for its ex
piration until at least ten days after notice of intention to cancel such
contract, on a date specified in such notice, shall be filed in the office
of the commission and also served on the employer. Such notice
shall be served on the employer by delivering it to him or by sending
it by mail, by registered letter addressed to the employer at his or its
last-known place of residence: Provided, That if the employer be a
partnership, then such notice may be so given to any one of the partners,
Self-insurance.

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805

and if the employer be a corporation, then the notice may be given to
any agent or officer of the corporation upon whom legal process may be
served.
ARTICLE FOUR.
S ection 1 (as amended by ch. 14, acts of 1919). A State indus- industrial comtrial commission is hereby created, consisting of three commissioners, misslonto be appointed by the governor, by and with the advice and consent of
the senate. The term of office of the members of the commission shall
be six years, except that the term of office of the members thereof now
serving shall expire on January 1, 1921, 1923, and 1925, respectively,
as set out and provided in the commission issued by the governor to such
members. Successor's of said office shall be appointed in like manner
for a term of six years. Vacancies shall be filled in like manner by the
appointment for the unexpired term.
Each member of the commission shall, before entering upon the Rond,
duties of his office, execute an official undertaking in the sum of ten
thousand ($10,000) dollars, to be approved by the governor and filed
in the office of secretary of state. The governor may remove any com
missioner for inefficiency, neglect of duty, or misconduct in office, giving
him a copy of charges and opportunity of being publicly heard, in per
son or by counsel, upon not less than ten days’ notice. If such com
missioner be removed the governor shall file in the office of the secretary
of state a complete statement of all charges made against him and a
complete record of his proceedings and his findings thereon. Each
commissioner shall devote his entire time to the duty of his office and
shall not hold any position of trust or profit, or engage in any occupa
tion or business interfering or inconsistent with his duties, or serve on
or under any committee of a political party. The commission shall
have an official seal, which shall be judicially noticed. The salary
of each of the commissioners shall be three thousand ($3,000) dollars
per annum, payable monthly as salaries of other State officers are paid,
and shall be paid out of the State treasury, and in addition to the said
sum, each commissioner shall be allowed all traveling expenses in
curred by him when away from the seat of government in the discharge
of his official duties.
Immediately upon the passage of this act the State industrial com- Chairman,
mission shall select one of its members as chairman who shall serve
as chairman of said board, until the first Monday in January, 1921, or
until his successor is elected, as provided herein. When a vacancy
exists in the chairmanship of said board it shall be the duty of said
board to elect one of its members as chairman. A chairman of the
State industrial commission shall be regularly elected on the first
Monday in January, 1921, and each two years thereafter.
S ec . 2. The commission may employ a secretary, an actuary, and Employees,
such inspectors and other assistants as it may deem necessary and fix
their compensation, both the number and compensation of such
employees to be subject to the written approval of the governor; such
compensation shall be paid on vouchers signed by at least two of the
commissioners and paid out of the appropriation provided therefor. Expenses.
The members of the commission and all assistants shall be entitled
to receive their actual necessary expenses while traveling on the busi
ness of the commission. Such expenses shall be itemized and sworn
to by the person who incurred the expenses and allowed by the com
mission.
S ec . 3. The commission shall keep and maintain its principal office
in the city of Oklahoma City, in rooms in the capitol assigned by the
board of affairs. The office shall be supplied with the necessary office
furniture, supplies, books, maps, stationery, telephone connections
and other necessary appliances at the expense of the State, payable
in the same manner as other expenses of the commission.
S ec . 4. The commission shall be in continuous session and open for Sessions.
transaction of business during all business hours of every day excepting
Sunday and legal holidays. All sessions shall be open to the public,
and may be adjourned upon entry thereof in its records, without further
notice. Whenever convenience of parties will be promoted or delay
and expense prevented the commission may hold session anywhere in

806

o r k m

Acts official.

Powers.

Secretary.

Buies.

Records.

Subpoena!..

e n ’s

c o m

p e n s a t io n

la w

o f

t h

u n i t e d

s t a t e s .

the State. Every vote and official act of the commission shall be
entered on record, and the record shall contain a record of each case
considered and the award, decision, or order made with respect thereto,
and all voting shall be by the calling of each commissioner’s name by the
secretary, and each vote shall be recorded as cast. A majority of the
commission shall constitute a quorum. A vacancy shall not impair
the right of the remaining commissioners to exercise all the powers of the
full commission so long as the majority remains.
S ec . 5 . Any investigation, inquiry or hearing with [which] the commis
sion is authorized to hold or undertake, may be held or taken at any
place in the State by or before any commissioner, and the award,
decision, or order of a commissioner, when approved and confirmed
by the commission, and ordered filed in its office shall be deemed to
be the award, decision, or order of the commission. Each commissioner shall, for the purpose of this act, have power to administer oaths,
certify to official facts, take depositions, issue subpoenas, compel the
attendance of witnesses, and the production of books, accounts, papers,
records, documents, and testimony. The commission may authorize
any inspector to conduct any such investigation, inquiry, or hearing,
in which case he shall have the power of a commissioner in respect
thereof.
S ec . 6 . The secretary of the commission shall—
First. Maintain a full and true record of all proceedings of the com
mission, of all documents or papers ordered filed by the commission,
of decisions or orders made by a commissioner, and of all decisions or
orders made by the commission or approved and confirmed by it, and
ordered filed, and he shall be responsible to the commission for the safe
custody and preservation of all such documents at its office.
Second. Have power to administer oaths in all parts of the State, so
far as the exercise of such power is properly incident to the performance
of his duty or that of the commission.
Third. Designate from time to time, with the approval of the com
mission, one of the clerks appointed by the commission to exercise
the powers and duties of the secretary during his absence.
Fourth. Under the direction of the commission have general charge
of its office, superintend its clerical business, and perform such other
duties as the commission may prescribe.
S ec . 7. The commission shall adopt reasonable rules, not inconsistent
with this act, regulating and providing for—
First. The kind and character of notices and the service thereof in
case of accident and injury to employees.
Second. The nature and extent of the proofs and evidence, and the
method of taking and furnishing the same to establish the right to
compensation.
Third. The forms of application of those claiming to be entitled to
compensation.
Fourth. The method of making investigations, physical examina
tions, and inspections.
Fifth. The time within which adjudication and awards shall be
made.
Sixth. The conduct of hearing investigations and inquiries.
Seventh. The giving of undertakings by all subordinates who are
empowered to receive and disburse moneys, to be approved by the
attorney general as to forms and by the governor as to sufficiency.
Eighth. Carrying into effect the provisions of this act.
S e c . 8 . The commission or [a] commissioner or inspector in making an
investigation of [or] inquiry or conducting a hearing shall be required
to preserve a complete record of all oral or documentary evidence con
sidered ; to any part of such evidence any party affected thereby may
object, which objection shall be considered and passed on by the com
mission and preserved in the record.
S e c. 9. A subpoena sh a ll b e signed an d issu ed b y a co m m issio n e r,
an in sp ecto r, or b y th e secretary of th e com m issio n , a n d m a y b e served
b y a n y person of fu ll age a n d in th e sam e m a n n e r as a subp oena issu ed
o u t o f a c ou rt ojf record.
If a person fa il, w ith o u t reaso n ab le c a u se , to
a tte n d in o b e d ie n c e to a subpoena, or to b e sw orn or e x a m in e d or
answ er a q u e stio n , or p ro d u ce a b o o k or p ap er, or to su b sc rib e a n d

T E X T

O F

swear to his deposition after it has been correctly reduced to writing,
he shall be guilty of a misdemeanor.
Sec. 10. In case of disobedience of any person to comply with the
order of the commission, or subpoena issued by it, or one of its mem
bers, or on the refusal of a witness to testify to any matter regarding
which he may be lawfully interrogated, or refuse to permit an inspec
tion as aforesaid, the county judge of the county in which the person
resides, or of the county in which such hearing is being conducted,
on application of any member of the board, or any inspector or exam
iner appointed by it, shall compel obedience by attachment proceed
ings as for contempt, as in the case of disobedience of requirements of
subpoena issued from such court on a refusal to testify therein.
Sec. 11. Each witness who appears in obedience to a subpoena
before the commission, or a commissioner, inspector, or a person
employed by the commission to obtain the required information, shall
receive for his attendance the fees and mileage provided for witnesses
in civil cases in courts of record, which shall be audited and paid out
of funds appropriated therefor in the same manner as other expenses
of the commission. A witness subpoenaed at the instance of a party
other than the commission, a commissioner, inspector, or person act
ing under the authority of the commission, shall be entitled to fees
for compensation from the funds appropriated therefor if the commis
sion certify that his testimony was material to the matter investigated,
but not otherwise.
Sec. 12 . The commission may cause depositions of witnesses resid
ing within or without the State to be taken in the manner prescribed
by law for depositions in civil actions in courts of record.
Sec. 13. A transcribed copy of the testimony, evidence, and pro
cedure or of a specific part thereof or of the testimony of a particular
witness or of a specific part thereof on any investigation, by a stenog
rapher appointed by the commission, being certified by such stenog
rapher to be a true and correct transcript thereof and to have been
carefully compared by him as [with] the original notes, may be received
in evidence by the commission with the same effect as if said steno
grapher were present and testified to the facts so certified, and a copy
of such transcript shall be furnished on demand to any party upon
payment of the fee provided for a transcript of similar minutes in
courts of record.
S e c . 14. The power and jurisdiction of the commission over each
case shall be continuing, and it may, from time to time, make such
modification or change with respect to former findings or orders
relating thereto as in its opinion may be just, including the right to
require physical examination as provided for in section 9 of article 2
of this act, and subject to the same penalties for refusal.
Sec. 15. Annually on or before the first day of January the com
mission shall make a report to the governor, to be by him transmitted
to the legislature, which shall include a statement of the number of
awards made by it and the causes of the accidents leading to the
injuries for which the awards were made, a detailed statement of the
expenses of the commission, together with any other matter which the
commission deems proper to report to the governor, including any
recommendations it may desire to make.
Sec. 16. The commission shall prepare and cause to be distributed,
so that the same may be readily available blank forms of application
for compensation, notice to employers, proofs of injury, of medical
or other attendance or treatment, of employment and wage earnings,
and for such other purposes as may be required. Insured employers
shall constantly keep on hand a sufficient supply of such blanks.
a r t ic l e

807

L A W S ----O K L A H O M A .

f iv e

Contempt

Fees.

Depositions.

Transcript.

Reviews.

Annual reports

Blanks.

S e c t i o n 1 . All penalties imposed by this act shall be applicable to Use of penal
the expenses of the commission. When collected by the commission ties.
such penalties shall be paid into the State treasury and be thereafter
appropriated by the legislature for the purposes prescribed by this
section.

808

O R K M E N ’S

Reports of acci-

C O M P E N S A T IO N

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O F

T H E

U N IT E D

S T A T E S .

S e c . 2. Every employer shall keep a record o f all injuries, fatal or
otherwise, received by his employees in the course of their employ
ment. Within ten days or a reasonable time thereafter, after the
occurrence of an accident resulting in personal injury a report thereof
shall be made in writing by the employer to the commission upon
blanks to be procured from the commission for that purpose. Such
reports shall state the name and nature of the business of the employer,
the location of his establishment or place of work, the name, address,
and occupation of the injured employee, the time, nature, and cause
of the injury, and such other information as may be required by the
commission. Any employer who refuses or neglects to make a report
as required by this section shall be guilty of a misdemeanor, punishable
by a fine of not more than five hundred dollars ($500).
Information to
S e c. 3. Every employer shall furnish the commission upon request
be furnished.
any information required by it to carry out the provisions of this act.
The commission, a commissioner, or any inspector, may examine under
oath any employer, officer, agent, or employee. An employer or
employee receiving from the commission 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 a good and sufficient reason for such failure. Answers to
such questions shall be certified under oath and returned to the com
mission within the period fixed by the commission therefor.
Access tobooks,
g EC< 4 , All books, records, and pay rolls of the employers showing
etc'
or reflecting in any way upon the amount of wage expenditures of such
employers shall always be open for inspection by the commission or
any other authorized auditors, accountants, or inspector for the purpose
of ascertaining the correctness of the wage expenditure and number of
men employed and such other information as may be necessary for the
purposes and uses of the commission in the administration of this act.
No person shall be excused from testifying or from producing any books
or papers or documents in any investigation or inquiry, by or upon any
hearing before the commission or any commissioner, when ordered to do
so by the commission or its secretary, upon the ground that the testi
mony or pay roll or other competent evidence required of him may tend
to incriminate him or subj ect him to penalty or forfeiture; but no person
shall be prosecuted, punished or subjected to any penalty or forfeiture
for or on account of any act, transaction, matter, or thing concerning
which he shall under oath, have, by order of the commission or a com
missioner or its inspector or examiner, testified to or produced docu
mentary evidence of: Provided, hotvever, That no person so testifying
shall be exempt from prosecution or punishment for any perjury com
mitted by him in his testimony.
S e c . 5. [Repealed.]
False
stateg EC. 6 . If for the purpose of obtaining any benefit or payment under
men
the provisions of this act, either for himself or any other person, any
person willfully makes a false statement or representation, he shall be
guilty of a misdemeanor,
incompetence.
g EC. 7. No limitation of time provided in this act shall run as against
any person who is mentally incompetent or a minor dependent so long
as he has no committee, guardian or next friend. •
Duty of com
g EC. 8. The commissioner of labor shall render to the commission any
misbioner of a- pr0per
an(j assistance by the department of labor as in his judgment
does not interfeie with the proper conduct of such department.
Provisions sevS ec. 9. If any section or provision of this act be decided by the
era
courts to be unconstitutional or invalid, the same shall not affect the
validity of this act as a whole or any part thereof other than the part so
decided to be unconstitutional or invalid.
Pending causes.
g EC i o (as amended by ch. 14, acts of 1919). This act shall not
affect any action pending or cause of action existing or which has or
may hereafter accrue to the dependents or other legal representatives
Death cases.
0f an injured employee in case death results from the injury after
he has been awarded compensation under the provisions of this act:
Provided, That for any injury for which compensation is not provided
under the provisions of this act the injured party shall have the
right of action in the courts for his damage on account of such injury.

<3ents‘

T E X T

O F

ARTICLE

L A W S —

809

O K L A H O M A .

S IX .

Injuries caus
S e c t io n 1 . It is not intended that any of the provisions of this act
shall apply in cases of accidents resulting in death and no right of action ing death.
for recovery of damages for injuries resulting in death is intended to
be denied or affected.
Sec. 2 (as amended by ch. 14, acts of 1919). The right of action to Suits abolished.
recover damages for personal injuries not resulting in death arising and
occurring in hazardous employments as herein defined, except the right
of action reserved to an injured employee or his dependents or other
legal representatives in section 2 of article 2 and section 10 of article 5
of this act, is hereby abrogated, and all jurisdiction of the courts of this
State over such causes, except as to the cause reserved to such injured
employees or their dependents or other legal representatives in section
2 of article 2 and section 10 of article 5 of this act is hereby abolished.

ACTS OF 1917.
Ch a p t e r

178.—Industrial commission—Employees’ salaries.

S e c t io n 1 . The salary of the secretary of the State industrial com
mission is hereby fixed at eighteen hundred dollars per annum.
Sec. 2 . The State industrial commission is hereby authorized to
appoint:
One inspector, at an annual salary of $1,500.
One reporter, at an annual salary of $1,320.
One medical adviser, at an annual salary of $1,200 per annum: Pro
vided, That being a member of the faculty of the medical department
of the State university shall not be a disqualification to fill said position.
Sec. 3. The State industrial commission may employ not to exceed
two stenographers and fix their compensation not to exceed the sum of
ninety dollars per month for each stenographer, and not to exceed two
stenographers and fix their compensation not to exceed the sum of
eighty dollars per month for each stenographer, both the number and
compensation of such employees to be subject to the written approval
of the governor; such compensation may be paid out of any contingent
fund available for such purpose.
Approved this 23d day of March, 1917,

Secretary.
Employee'.

Same.

OREGON.

ACTS OF 1913.
Chapter

112 (as amended by chapter 288, acts of 1917).— Compensa
tion o f workmen fo r injuries— State insurance fund.

S e c t i o n 1 . The State of Oregon recognizes that the prosecution of
the various industrial enterprises which must be relied upon to create
and preserve the wealth and prosperity of the State involves the injury
of large numbers of workmen, resulting in their partial or total incapa
city or death, and that under the rules of the common law and the pro
visions of the statutes now in force an unequal burden is cast upon its
citizens, and that in determining the responsibility of the employer on
account of injuries sustained by his workmen, a great and unnecessary
cost is now incurred in litigation, which cost is divided between the
workmen, the employers and the taxpayers, who provide the public
funds, without any corresponding benefit, to maintain courts and
juries to determine the question of responsibility under the law as it
now exists, and that the State and its taxpayers are subjected to a
heavy buraen in providing care and support for such injured workmen
and their dependents, and that this burden should, in so far as may be
consistent with the rights and obligations of the people of the State, be
more fairly distributed as in this act provided.
S e c . 2 . A commission is hereby created which shall be known as
Commission.
the “ State Industrial Accident Commission, ” to be composed of three
commissioners. Immediately upon the taking effect of this act, the
governor shall appoint such commissioners, not more than two of whom
shall belong to one political party. Each commissioner appointed
hereunder shall hold office until his successor is appointed and quali
fied. Any vacancy shall be filled by appointment by the governor.
Inasmuch as the duties to be performed by such commissioners vitally
concern the employers, the employees, as well as tKe whole people, of
the state, it is hereby declared to be the purpose of this act that per
sons be appointed as commissioners who shall fairly represent the in
terests of all concerned in its administration.
S e c . 3. The governor may at any time remove any commissioner
R e m o v a l of
commissioners.
appointed by him. No commissioner shall hold any other office or
position of profit or pursue any other business or vocation or serve on
or under any committee of any political party, but shall devote his
entire time to the duties of his office.
Before entering upon the duties of his office, each commissioner shall
Oath.
take and subscribe to an oath or affirmation that he will support the
Constitution of the United States and of this State and faithfully and
honestly discharge the duties of such office of commissioner ; that he
holds no other office or position of profit, and that he pursues and will
pursue while such commissioner no other calling or vocation, and that
he holds, and while such commissioner will hold, no position under any
political party, which oath or affirmation shall be filed in the office of
the secretary of state.
Each of the commissioners shall also, before entering upon the duties
Bond.
of his office, execute a bond payable to the State of Oregon, in the penal
sum of $10,000, with surities to be approved by the governor, con
ditioned for the faithful discharge of the duties of his office, which
bond when so executed and approved, shall be filed in the office of the
secretary of state.
Each of the commissioners shall receive an annual salary of thirty-six
Salary.
hundred dollars ($3,600), payable from the fund hereinafter provided.
Sec. 4. The commissioners so appointed under this act shall, within
Organization.
twenty days after their appointment, meet at the State capitol and
organize by electing one of their number chairman, who shall serve
until the commissioner to be appointed for the term commencing in

Grounds
law.

for

810

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L A W S ----O R E G O N .

811

January, 1915, shall have qualified and taken office. Immediately
after the qualification of the commissioner for the term commencing in
January, 1915, and biennially thereafter, the commissioners shall meet
at the office of the commission, which shall be maintained at the State
capitol, and shall elect a chairman, who shall serve for two years and
until his successor is chosen.
S e c . 5. A majority of the commissioners shall constitute a quorum Quorum,
to transact business, and the act or decision of any two of the com
missioners shall be deemed the act or decision of the commission. No
vacancy shall impair the right of the remaining commissioners to exer
cise all the powers of the commission.
Sec. 6 . The commission may employ and terminate the employ- Employees,
ment of such assistants, experts and clerks as may be required in the
administration of this act. Each assistant employed in accordance with
this provision shall qualify by taking the same oath as a commissioner,
which shall be indorsed upon and filed with his certificate of appoint
ment in the office of the secretary of state, and when so qualified he shall
have power to perform such duties as may be prescribed by the com
mission, including the performance of any administrative functions of
the commission.
The total expenses of administration of the commission for any fiscal Expenses,
year ending June 30 shall not exceed ten per cent of the receipts to the
industrial accident fund for that period.
S e c. 7. The industrial accident commission in its name may sue Powers,
and be sued, and shall have a seal which shall bear the name of the com
mission. The commission is hereby charged with the administration
of the provisions of this act, and to that end any of its commissioners or
assistants authorized thereto by the commission, shall have power (a)
hold sessions at any place within the State; (b) to administer oaths;
(c) to issue and serve by the commission’s representatives or by any
sheriff, subpoenas for the attendance of witnesses and the production of
papers, contracts, books, accounts, documents and testimony; (d)
generally to provide for the taking of testimony and for the recording
of proceedings held in accordance with the provisions of this act.
It shall be the duty of the circuit court of the State of Oregon for any Duty of courts,
county or the judge of said court, on application of the industrial acci
dent commission or any of its commissioners or assistants, to compel
obedience to subpoenas issued and served pursuant to the provisions of
this section and to punish disobedience of an^ such subpoena or any
refusal to testify at any session herein authorized, or to answer any
lawful inquiry of any of said commissioners or assistants, in the same
manner as a refusal to testify in the circuit court or the disobedience of
the requirements of a subpoena issued from said courtis punished.
The records of the commission comprising information acquired by
the commission from employers or employees pursuant to the provisions
of this act shall not be open to public inspection.
S e c. 8 . The commission is hereby authorized to make and declare all Rules and regurules and regulations which shall reasonably be required in the admin- a ns‘
istration of the provisions of this act, and shall require the making of
reports of accidents, reports of amounts paid or agreed to be paid as
wages by employers to workmen, and may prescribe and require the
use of the pay-roll form by employers which shall carry such specific
information as may be deemed necessary by the commission, and may
require the attendance and testimony of employers, their officers and
representatives before any hearing of the commission, and the produc
tion by employers of books, records, papers and documents without the
payment or tender of witness fees on account of such attendance, and
such attendance and production of books, records, papers and docu
ments may be enforced by subpoenas as provided in section 7 hereof,
and the commission may incur such expenses as the commission may
determine reasonably necessary in the administration of this act.
S e c. 9. The commission is hereby required to render to the governor Reports,
of the State, quarter yearly, a report with full statistical information
covering the acts of the commission and the receipt and disbursement
of moneys hereunder.
Sec. 10. All persons, firms, and corporations engaged as employers Application of
in any of the hazardous cccupations hereafter specified shall be subject aw'
to the provisions of this act: Provided, however, That any such person,

812

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L A W S

O F

T H E

U N IT E D

S T A T E S .

firm, or corporation may be relieved of certain of the obligations hereby
imposed, and shall lose the benefits hereby conferred by filing with the
commission written notice of an election not to be subject thereto in
the manner hereinafter specified: Provided, however, That where an
employer is engaged in a hazardous occupation as hereinafter defined,
and is also engaged in another occupation or other occupations not so
defined as hazardous, he shall not be subject to this act as to such nonhazardous occupations, nor shall his workmen wholly engaged in such
nonhazardous occupations be subject thereto except by an election as
authorized by section 31 thereof: Provided, however, That employers
and employees who are engaged in an occupation partly hazardous and
partly nonhazardous shall come within the terms of this act the same
as if said occupation were wholly hazardous.
Employees subS e c . 11. All workmen in the employ of persons, firms, or corpora^ect*
tions who as employers are subject to this act shall also be subject
thereto: Provided, however, That any such workman may be relieved of
the obligations hereby imposed and shall lose the benefits hereby conProviso.
ferred by giving to his employer written notice of an election not to be
subject thereto in the manner hereinafter specified. Any workman of
the age of sixteen years and upward shall himself exercise the election
hereby authorized. The right of election hereby authorized shall be
exercised on behalf of any workman under the age of sixteen years by
his parent or guardian. This act shall not apply to workmen of less
than the minimum age prescribed by law for the employment of minors
in the occupation in which such workmen shall be engaged.
Benefits paySec. 12. Every workman subject to this act while employed by an
e>when.
employer subject to this act who after June 30, next following the tak
ing effect of this act, while so employed sustains personal injury by
accident arising out of and in the course of his employment and result
ing in his disability, or the beneficiaries, as hereinafter defined, of such
workmen in case such injury results in death, shall be entitled to receive
from the industrial accident fund hereby created the sum or sums here
inafter specified and the right to receive such sum or sums shall be in
lieu of all claims against his employer on account of such injury or d eath
L i a b i l i t y of except as hereinafter specially provided: Provided, however, That if
tiird party.
the injury to a workman occurring away from the plant of his employer
is due to the negligence or wrong of another notin the same employ, the
injured workman, or if death result from the injury, his widow, chil
dren, or dependents, as the case may be, shall elect whether to take
under this act or seek a remedy against such other, such election to be
in advance of any suit, and if he take under this act the cause of action
against such other shall be assigned to the State for the benefit of the
accident fund. If the other choice is made the accident fund shall con
tribute only the deficiency, if any, between the amount of recovery
against such third person actually collected and the compensation pro
vided or estimated by this act for such case. Any such cause of action
assigned to the State may be prosecuted or compromised by the depart
ment in its discretion. Any compromise by the workman of any such
suit which would leave a deficiency to be made good out of the
accident fund may be made only with the written approval of the
department.
Hazardous ocS e c . 13. The hazardous occupations to which this act is applicable

cupations.

are ag f 0 U0WS:

(а) Factories, mills and workshops where power-driven machinery
is used.
( б) Printing, electro typing, photo-engraving, and stereotyping plants
where power-driven machinery is used.
(c) Foundries, blast furnaces, mines, wells, gas works, waterworks,
irrigation works, where power-driven machinery is used; reduction
works, breweries, wharves, docks, dredges, smelters, powder works,
laundries, where power-driven machinery is used; quanies, engi
neering works.
(d) Logging, lumbering, and shipbuilding operations.
(e) Logging, street and interurban railroads not engaged in inter
state commerce.
(/) Buildings being constructed, repaired, moved, or demolished.
(g) Telegraph, telephone, electric light or power plants or lines.

T E X T

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L A W S ----O R E G O N .

813

(h) Public or commercial steam heating or power plants.
(i) Railroads not engaged in interstate commerce, steamboats, tugs,
and ferries, motorboats operated for commercial or industrial purposes.
(j) Gravel, sand, and coal bunkers.
(Jc) Flour, feed, and chopmills.
(I)
Grain elevators, grain warehouses where power-driven machinery
is used, creosoting or wood-treating works, garbage works, wood saws,
stevedoring, longshoring, stone crushing, stockyards, and tanneries,
and all occupations for which rates are expressly established by section
19 hereof.
Farming and all work incidental thereto except the construction of Agriculture,
dwelling houses, hop driers, fruit driers, stock and hay barns, are nonhazardous occupations and are subject to the provisions of this act only
through compliance with section 31 hereof.
S e c . 14 (as amended by ch. 288, acts of 1919). In the sense of this act Definitions,
words employed mean as here stated, to wit:
“ Factories” mean undertakings in which the business of working at
commodities is carried on with power-driven machinery, either in
manufacture, repair, or change, and shall include the premises, yard
and plant of the concern.
“ Workshop” means any plant, yard, premises, room or place wherein
power-driven machinery is employed and manual labor is exercised by
way of trade for gain or otherwise in or incidental to the process of mak
ing, altering, repairing, printing or ornamenting, finishing or adapting
for sale or otherwise any article or part of any article, machine or thing,
over which premises, room or place the employer of the person working
therein has the right of access or control.
‘ ‘ Mill ’ ’ means any plant, premises, room or place where machinery is
used, any process of machinery, changing, altering, or repairing any
article or commodity for sale or otherwise, together with the yards and
premises which are part of the plant, including elevators, warehouses
and bunkers.
“ Mine” means any mine where coal, clay, ore, mineral, gypsum or
rock is dug or mined either on the surface or underground.
“ Quarry” means an open cut from which coal is mined, or clay, ore,
mineral, gypsum, sand, gravel, or rock is cut or taken for manufactur
ing, building or construction.
“ Engineering work” means any work of construction, improvement
or alteration or repair of building, structures, streets, highways, sewers,
street railways, railroads not then engaged in interstate commerce,
logging roads, interurban railroads not then engaged in interstate com
merce, harbors, docks, canals, electric, steam, or waterpower plants,
telegraph and telephone plants and lines, electric light or power lines,
and includes any other works of construction, alteration or repair, and
work for which machinery driven by mechanical power is used.
The term “ employer” used in this act shall be taken to mean any
person, firm or corporation, including recei\7er, administrator, executor
or trustee, that shall contract for and secure the right to direct and
control the services of any person, and the term “ workman’ ’ shall be
taken to mean any person, male or female, who shall engage to furnish
his or her services subject to the direction or control of any employer.
“ Farming” means the cultivating of land, dairying, horticultural
or viticultural labor, stock or poultry raising, and operations incidental
thereto; also, when incidental thereto, thrashing, clover hulling, hay
baling, ensilage cutting, land clearing with or without blasting, wood
sawing, wood cutting, operation of tractors, fruit driers, feed mills and
other work done with power-driven machinery, whether or not such
operations are carried on by the owner of the farm or commercially, or
under contract.
Any individual employer or any member of any firm subject to Individual emthis act as employer in any of said hazardous occupations may make PlQyerswritten application to the commission to become entitled as a workman
to the compensation benefits thereof, and thereupon it shall be the duty
of the commission to fix a rate of contribution and a monthly wage at
which such person shall be carried on the pay roll as a workman. Wh en
said rate and wage are fixed such person may file a notice in writing
with the commission of his election to contribute to the industrial acci-

814

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 .

dent fund at the rate and upon the wage so fixed, and thereupon shall be
subject to the provisions and entitled to the benefits of this act. Any
individual employer or member of a firm becoming entitled to the bene
fits of this act, as in this section provided, with respect to injuries
sustained, shall contribute to the industrial accident fund at the rate
and upon the wage so fixed and shall be entitled to a reduction of such
contribution as provided by section 19 hereof, and shall also pay 30
cents per month as workman’s contribution: Provided, however, That
if said person is injured while in default for payments prescribed herein,
he shall not be entitled to receive any compensation whatsoever under
this act.
Members of cor
Any member or officer of any corporate employer who shall be
porations.
carried upon the pay rolls at a salary or wage not less than the average
prevailing salary or wage, but not otherwise, shall be deemed to be a
workman.
Dependent.
“ Dependent ” means any of the following named relatives of a work
man whose death results from any injury and who leaves surviving no
widow, widower, or child under the age of sixteen years, v iz : Invalid
child over the age of sixteen years, daughter between sixteen and
eighteen years of age, father, mother, grandfather, grandmother, step
father, stepmother, grandson, granddaughter, brother, sister, half
sister, half brother, niece, nephew, who at the time of the accident are
dependent in whole or in part for their support upon the earnings of the
workman. Except where otherwise provided by treaty, aliens, other
than father or mother, husband and wife or children, not residing within
the United States at the time of the accident, are not included.
“ Beneficiary” means an injured workman, husband, wife, child, or
dependent of a workman, in whom shall vest a right to receive payment
under this act.
“ Invalid” means one who is physically or mentally incapacitated
from earning.
The word “ child,” as used in this act, includes a posthumous child,
a child legally adopted prior to the injury, an illegitimate child legiti
matized prior to the injury, and a stepson or stepdaughter.
“ Wages” means the money rate at which the service rendered is
recompensed under the contract of hiring in force at the time of the
accident, including the reasonable value of board, rent, housing,
lodging, or similar advantage received from the employer; and the term
“ pay roll,” as used in section 19 of this act, shall be taken to mean a
record of wages paid workmen for their services; and shall also include
the reasonable value of board, rent, housing, lodging, or similar advant
age received from the employer.
Election not to
S e c . 15. Any employer engaged in any of such hazardous occupacontnbute.
tions who would otherwise be subject to this act may, on or before
June fifteenth next following the taking effect of this act, file with the
commission a statement in writing declaring his election not to contri
bute to the industrial accident fund hereby created, and thereupon
such employer shall be relieved from all obligations to contribute
thereto, and such employer shall be entitled to none of the benefits of
this act, and shall be liable for injuries to or death of his workmen,
which shall be occasioned by his negligence, default or wrongful act,
as if this act had not been passed, and in any action brought against
such an employer on account of an injury sustained after June thirtieth
Deienses abro- next following the taking effect of this act, it shall be no defense for such
gated*
employer to show that such injury was caused in whole or in part by the
negligence of a fellow servant of the injured workman, that the negli
gence of the injured workman, other than his willful act, committed
for the purpose of sustaining the injury, contributed to the accident,
or that the injured workman had knowledge of the danger or assumed
the risk whicn resulted in his injury.
New employAny person, firm, or corporation hereafter engaging as an employer
ers*
in any of said hazardous occupations may file a like notice with said
commission prior to or within three days of the time of becoming such
employer, and shall hereby and thereupon become relieved from
making contributions to said fund, and shall be liable to his workmen
as in the case of existing employers so electing, and shall, as in the case
of such employers lose all benefit of the defenses as above described.

T E X T

O F

L A W S —

O R E G O N .

•

815

All employers engaged in said hazardous occupations shall display in a Notices to be
conspicuous manner about their works and in a sufficient number of pos
places reasonably to inform their workmen of the fact, printed notices
furnished by the commission, stating that they are or are not, as the
case may be, contributors to the industrial accident fund. The refusal
or neglect of an employer to display such notice as herein provided,
shall be a misdemeanor, and upon conviction thereof the offending
employer shall be punished by a fine of not less than $10 nor more than
$100. The circuit court of the State of Oregon and any justice court of
the State shall have concurrent jurisdiction of this offense.
S ec . 16. All such employers who shall not, as herein provided, give . status eontinuto the commission written notice of their election not to contribute to mg*
said fund, shall be subject to all the provisions of this act until and
including the next succeeding thirtieth day of June, and thereafter
until and including June thirtieth of each succeeding year unless before
May first in some year written notice shall be filed with the said com
mission of an election to cease contributing to such fund, whereupon
from and including the succeeding first day of July the status of the
employer giving such notice shall be that resulting from the giving of
notice first above described.
S ec . 17. Any employer who has so elected not to contribute here- Recall o eiecunder may at any time by filing with said commission written notice, n*
recall such election, whereupon he shall forthwith post in conspicuous
places notices properly datea as provided by section 15 hereof, announc
ing his election to become subject to the provisions of the act, and
fifteen days from the date of filing of said notice such employer shall
become and continue in all respects subject to this act.
S e c . 18. On or before June thirtieth next following the taking effect . Employees’ op*
of this act, any workman in the employ of an employer subject to this tl0n’
act may give notice in writing to nis employer of his election not to
become subject to this act, and any workman entering the employment
of such an employer after such date may at such time give a like notice,
and thereupon such workman shall be in no wise subject to the pro
visions or entitled to any of the benefits hereof.
Any workman in the employ of an employer who shall have elected
not to contribute to the fund hereby created and who shall have re
called such election may at any time before the recall of rejection of his
employer becomes effective, give notice in writing to his employer of
his election not to become subject to this act, and thereupon such
workman shall be in no wise subject to the provisions or entitled to
any of the benefits hereof: Provided, That in case his employer shall
have failed to give legal notice to his workmen by posting notices of
his election to contribute as provided in section 15 hereof, his workmen
shall have five days after the posting of such notice in which to reject
the act. But if such workman shall sustain an injury within such
period of five days and before he shall have elected not to become
subject to this act, he shall have the option, to be exercised before
suit is brought, of taking the benefits herein provided, or of proceeding
against his employer as if this act had not been passed.
Any workman who shall be in the employ of an employer who shall
hereafter engage in any of said hazardous occupations and who shall
have become subject to this act may give notice in writing to his em
ployer within three days after his employer shall have engaged in
such hazardous occupation of his election not to become subject to
this act, and thereupon and thereafter such workman shall be in no
wise subject to the provisions or entitled to any of the benefits hereof,
but if such workman shall sustain an injurywitrrin such period of three
days, and before he shall have elected not to become subject to this
act, he shall have the option, to be exercised before suit is brought,
of taking the benefits hereby provided, or of proceeding against his
employer as if this act had not been passed.
Any workman who has so elected not to become subject to this act
may at any time by giving to his employer who is then subject to this
act, ten days’ notice in writing, recall such election, and after expiration
of such ten days such workman shall become and continue in all
respects subject to this act.

8 1 6 • W O R K M E N ’ S C O M PEN SATIO N L A W S OF T H E U N IT E D STATES.

Any workman who has become subject to this act shall, if he remains
in the service of the same employer, continue subject to this act to
and including the next succeeding thirtieth day of June and thereafter
until and including the^ thirtieth day of June of each succeeding year,
unless before June first in same year he shall have given written notice
to his employer of his election not to be longer subject to this act,
whereupon from and including the succeeding first day of July such
workman shall be no longer subject to this act.
The employer shall upon receipt of a written notice of rejection or
recall of rejection of a workman, file a duplicate thereof or a verified
copy of the same with the commission. Failure on the part of the
employer to transmit such notice to the commission within twentyfour hours of the receipt thereof shall be a misdemeanor.
Coercion of emAny person, firm, or corporation who directly or indirectly uses any
pioyees.
force, violence, or restraint, or inflicts or threatens to inflict any injury,
damage, harm, or loss, or in any manner intimidates or coerces any
person in or about to enter into any contractual relations with him,
or with any firm or corporation for service, work, or labor, in order to
induce or compel such person to elect not to become subject to this act,
shall be guilty of a misdemeanor. The circuit court of the State of
Oregon and justice court of the State shall have concurrent jurisdic
tion of this offense.
Premium rates.
S e c . 19 (as amended by ch. 288, acts of 1919). Every employer
engaged in any of the hazardous occupations enumerated in section
13 hereof who shall not have served notice of his election not to con
tribute hereunder, as in this act provided, shall, except as hereinafter
provided, pay to the commission on or before the fifteenth day of each
month a percentage of his total pay roll for the preceding "calendar
month of workmen, subject to this act according to and at the rates
hereinafter set forth, to wit:
Subaqueous work, fire escapes, house moving, house wrecking,
steeples, metal smokestacks, metal chimneys, iron or steel
frame structures or parts of structures........................................
.080
Tunnels, trestles, bridges, pile driving, jetties, breakwaters.......
.065
Sewers, shaft sinking, ditches and canals (other than irrigation
without blasting), erection of tanks, towers, not metal framed,
windmills, not metal framed, roof work, freight and passenger
elevators.........................................................................................
.060
Electric light or power plants or systems, telegraph or telephone
systems, steam or electric railroads with rock work or blast
ing, water works or systems, road work with blasting, erecting
fireproof doors or shutters, concrete buildings, galvanized
iron or tin work, with scaffold, marble, stone or brick work,
with scaffold, gas works or systems, excavation not otherwise
specified, ship or boat building or wrecking, painting of build
.050
ings or structures, outside work...................................................
Steam heating plants, advertising signs, ornamental work or
metal ceilings in buildings, carpenter work not otherwise
specified, ship or boat rigging, ship or millwrighting, grain
elevator, not metal framed....................................................... ..
.040
Street railways without blasting, installation of steam boilers or
engines, installation of dynamos, installation of automatic
sprinklers, installation of machinery not otherwise specified,
drilling w e lls.................................................................................
.035
Street or other grading, road making, concrete foundations,
asphalt laying, covering steam pipes or boilers, construction
.030
work not otherwise specified, street paving...............................
.025
Lathing, plastering............................... ................................
Plumbing, house heating or ventilating systems, inside wiring,
installation of electrical apparatus or fire-alarm systems in
buildings, marble, stone or tile setting, inside work, mantle
setting, glass setting, paper hanging, decorating or painting,
inside work, concrete or composition walks...............................
.020
(A ll combinations of material take the higher rate when not otherwise pro
vided.)

Logging railroads, railroads, wood saws, stevedoring, longshoring...................................................................................................

.050

TEX T OF

L A W S

— OREGON.

817

Electric light or power plants, interurban electric railroads, stone
crushing, quarries, mines other than coal.....................................040
Logging, with or without machinery, coal mines............................ 035
Dry or floating docks, steamboats, tugs, ferries, dredges, smelt
ers, creosoting and wood-treating works........................................030
Telephone or telegraph systems.........................................................025
Street railways, garbage works, gas works, waterworks, steam
heating or power plants, grain elevators or grain warehouses,
flour, grain, chop and feed mills, gravel, sand and coal bunkers,
operations not otherwise specified..................................................020
Stamping tin or metal.........................................................................050
Sawmills, shingle mills, lath mills....................................................035
Furniture, staves, veneer, box, packing cases, sash, door or
blinds, keg, pail, barrel, basket, tub, woodenware or wooden
fiber ware, work in wood not otherwise specified........................ 0275
Boiler works, paper or pulp mills...................................................... 025
Foundries............................................................................................. 0225
Canneries of fish or meat, cement manufacturing, soap, tallow
and grease, briquettes, machine shops not otherwise specified,
iron, steel, copper, zinc, brass or lead articles or ware not other
wise specified, hardware, marble, stone or granite work (shop
or monument erection), factories not otherwise specified........... 020
Tile, brick, terra-cotta, fire clay, pottery, charcoal, earthenware,
porcelain, breweries, bottling works? paints, oils, and varnishes. . 015
Working in foodstuffs, including oils, fruits and vegetables,
working in wool, cloth, leather, paper, broom, brush, rubber or
textiles not otherwise specified, cordage, jewelry, laundries.. . 010
Condensed milk, creameries................................................... ..........0075
Printing, electrotyping, photo-engraving, engraving, litho
graphing...........................................................................................0050
Operations of powder works, manufacture of fireworks...................080
Clearing land with blasting................................................................ 050
Making artificial ice, operating refrigerating or cold-storage
plants, operating tanneries, manufacture of fertilizer, oper
ation of packing houses and stockyards........................................ 020
Every employer who is hereby required to make such payments to
the commission is hereby authorized and required to retain from the Contributions
moneys earned by each of his workmen subject to this act the sum of by €mPl0^eesone ( 1) cent a day for each day or part of day such workman shall be
employed and to pay the sum so retained to the commission at the time
his own payment is due hereunder.
If only a part of an employer’s workmen are [is] engaged in any of Two or more
the hazardous employments above specified the workmen of such em- ^ents e °y~
ployer not so engaged shall not be subject to this act nor entitled to
the benefits thereof. If an employer and his workmen are engaged in
two or more of such hazardous employments for which different rates
of contribution are prescribed, the employer shall contribute according
to the several rates applicable to the various employments in which
his workmen are so engaged and according to his pay roll for each of
such employments. Any workman engaged for the same employer
in two or more such hazardous employments shall for the purpose of
determining the rate of contribution hereunder be deemed engaged
solely in the employment taking the higher rate.
Whenever for a period of twelve months the total amount paid out E x p e r i e n c e
of the industrial accident fund or set apart therefrom as hereinafter ratm?‘
provided on account of injuries sustained by the workmen of any
employer shall not exceed fifty per cent of the amount contributed to
said fund by such employer during such period, not including, however,
moneys retained from his workmen’s wages, the rate of contribution of
such employer shall thereafter be reduced by ten per cent of the amount
hereinbefore prescribed and whenever for a further period of twelve
months the total amount so paid out and set aside shall not exceed
fifty per cent of the amount so contributed by such employer, his rate
of contribution shall be further reduced by a like amount: Provided,
That such rate of contribution shall be immediately restored to the
rate first above prescribed whenever the total amount paid out or set
apart hereunder on account of injuries sustained by his workmen
177982°—21— Bull. 272------ 52

818

W O R K M E N ’ S C O M PEN SATIO N LAW S OF T H E U N IT E D STATES.

during the preceding twelve months shall exceed fifty per cent of his
contributions to such fund during such period of twelve months:
And provided further, That no employer shall be entitled to any such
reduction if the commission shall find that during the preceding
twelve months he has willfully failed to install or maintain any safety
appliance, device, or safeguard required by statute.
Second injuries,
jf an employee who has previously incurred permanent partial dis
ability 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 pre
existing disability, would have been payable for the latter injury, the
employee shall receive compensation on the basis of the combined
injuries, but the charge against the rating of his employer shall be for
the latter injury only.
Distribution of
On July 1, 1920, and annually thereafter, the commission shall detersurpius.
mine the total liability existing against the industrial accident fund,
and if it finds the industrial accident fund amounts to a sum sufficient
to cover all liability, together with a surplus of fifty per cent thereon,
aside from the reserves in the segregated accident fund, and in moneys
in the emergency and catastrophe funds, the commission shall place
to the credit of each employer contributing to the fund during the
preceding twelve months, on account of contributions required by
this act to be paid during that time, such proportion of 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 “ catastrophe
1111
fund.” The State treasurer shall transfer fifty thousand dollars
($50,000) from the industrial accident fund to the catastrophe fund, and
there shall also be transferred to such fund monthly one ( 1) per cent
of the total monthly contributions received from employers and work
men until such time as in the judgment of 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 of moneys in the segregated accident fund, and the interest
earnings of investments from the catastrophe fund shall be credited
to the industrial accident fund. Expenditures from the catastrophe
fund shall be made in the event of occurrence of accidents causing
great liability, but the commission shall also have authority to author
ize the payment of other compensation benefits from such fund in the
event of the depletion of the industrial accident fund. In the latter
event, the catastrophe fund shall again be fully restored by setting
aside a portion of contributions to the industrial accident fund in the
manner provided in this paragraph.
R e v is io n of
In that the intent is that the contributions from employers shall
rates*
fairly represent the degree of hazard of each, occupation or industry, the
commission shall have authority on July first, ninteen hundred and
twenty, and biennially thereafter, to readjust, increase, or decrease
the rates of contribution contained in section 19. Any such read
justment, increase, or decrease shall be based on the hazard of each
occupation or industry as compared to the hazards or other occupa
tions or industries subject to this act, and due regard shall be had for
the experience of each occupation or industry as related to the expe
rience of all occupations and industries defined in section 19 hereof,
d IrtfUStdialacci" ^EC’ ^ (as amended by ch- 55, acts of 1919). There is hereby
dent und.
created a fund to be known as the “ industrial accident fund,” which
fund shall be held by the State treasurer and by him deposited in
such banks as are authorized to receive deposits of the general funds
of the State. All moneys received by the commission hereunder
shall be by it paid over forthwith to the State treasurer and shall
become a part of the industrial accident fund. There is also appropri
ated annually, after June 30, 1921, out of any moneys in the State
treasury not otherwise appropriated, a sum equal to one-seventh of
the total sum which shall be received by the State treasurer under the
provisions of section 19 hereof, and the moneys so appropriated shall
become a part of such fund. All payments authorized by this act,
including all salaries, clerk hire, and all other expenses, shall be
made from the industrial accident fund.

TE X T OF LA W S---- OREGON.

819

S e c . 21 (as amended by ch. 288, acts of 1919). If any workman Compensation
while he is subject to this act and in the service of an'employer who obePai •
is thus bound to contribute to the industrial accident fund shall sustain
a personal injury by accident arising out of and in the course of his
employment caused by violent or external means, he or his bene
ficiaries or dependents, if the injury results in death, shall receive
compensation according to the following schedule:
(a)
Where death results from the injury the expense of burial shall Death,
be paid in all cases not to exceed one hundred dollars ($100) in any
case; and
( 1 ) If the workman leaves a widow or invalid widower, a monthly
payment of thirty dollars ($30) shall be paid throughout the life of the
surviving spouse, to cease at the end of the month in which remarriage
shall occur; and the surviving spouse shall also receive eight dollars
($8 ) per month for each child or dependent stepchild of the deceased
under the age of sixteen years at the time of the occurrence of the
injury until such minor shall reach the age of sixteen years, but the
total monthly payment under this paragraph ( 1) shall not exceed fifty
dollars ($50). Upon remarriage of a widow she shall receive once and
for all a lump sum equal to ten times her monthly allowance, viz: The
sum of three hundred dollars ($300), but the monthly payments for the
child or children shall continue as before.
(2 ) If the workman leaves no wife or husband, but a child or chil
dren under the age of sixteen years, a monthly payment of $15 shall
be made to each child until such child shall reach the age of sixteen
years: Provided, however, That if any child is under the age of sixteen
years and over the age of fifteen years, he shall be entitled to recover
such payments for a period of one year, but the total monthly payment
shall not exceed fifty dollars ($50), and any deficit shall be deducted
proportionately among the beneficiaries.
(3; If the workman leaves no widow, widower or child under the
age of sixteen years, but leaves a dependent or dependents, a monthly
payment shall be made to each dependent equal to fifty per cent of the
average monthly support actually received by such dependent from
•
the workman during the twelve months next preceding the occurrence
of the injury, but the total payment to all dependents in any case
shall not exceed thirty dollars ($30) per month. If any dependent is
under the age of sixteen years at the time of the occurrence of the
injury, the payment to such dependent shall cease when such depen
dent shall reach the age of sixteen years, excepting a daughter, the
payment to whom shall cease when she shall have reached the age of
eighteen years: Provided, however, That if any child is under the age
of sixteen and over the age of fifteen years, he shall be entitled to
recover such payments for a period of one year. The payment to
any dependent shall cease, if, and when under the same circum
stances the necessity creating the dependency would have ceased,
the injury had not happened. If the workman is under the age of
twenty-one years and unmarried at the time of his death, the parents
or parent of the workman shall receive twenty-five dollars ($25) per
month for each month after his death until the time at which he
would have arrived at the age of twenty-one years: Provided, however,
That such parents shall be entitled thereafter to compensation as
dependents under the provisions of the first clause of this paragraph (3).
(4) In the event a surviving spouse receiving monthly payments
shall die leaving a child or children under the age of sixteen years, the
sum he or she shall be receiving on account of such child or children, shall
thereafter until such child shall arrive at the age of sixteen years, be
p?id to the child, increased to $15 per month: Provided, however, That
if any such child is under the age of sixteen years and over the age of
fifteen yeart he shall be entitled to recover such payments for a period
of one year, but the total to all children shall not exceed the sum of
fifty dollais ($50) per month. Payments for incompetent dependents,
orphaned or abandoned children or children left to the care of some per
son other than the surviving parent or step-parent ma>, in the discre
tion of the commission, be made to the person or persons caring for such
incompetent dependents or children.
(b)
Permanent total disability means the loss of both feet or both Permanent to*
hands, or one foot and one hand, total loss of eyesight or such paralysis tal
ty*

820

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

LAW S

the

U N IT E D STATES.

or other condition permanently incapacitating the workman from per
forming any work at any gainful occupation.
When permanent total disability results fron the injury, the work
man shall receive monthly during the period of such disability:
(1) If unmarried at the time of the injury the sum cf thirty dollar
($30).
(2 ) If the workman have a wife or invalid husband,but no child under
the age of sixteen years, the sum of thirty-five dollars ($35). If the
husband is not an invalid, the monthly payment of thirty-five dollars
($35) shall be reduced to thirty dollars ($30).
(3) If the workman have a wife or husband and a child or children
under the age of sixteen years, or being a widow or widower, have any
such child or children, the monthly payment provided in the preceding
paragraph shall be increased by eight dollars ($8 ) for each such child
until such child shall arrive at the age cf sixteen years, but the total’
monthly payment shall not exceed fifty dollais ($50).
Death during
(c) If the injured workman die during such period of total disability
disability.
whatever the cause of death, leaving a widow, invalid widower or child
under the age of sixteen years, the surviving widow or invalid widower
shall receive thirty dollars ($30) per month until death or remarriage, to
be increased eight dollars ($8 ) a month for each child under the age of
sixteen years until such child shall arrive at th e age of sixteen yeai s ; but
if such child is or shall be without father or mother, such child shall re
ceive fifteen dollais ($15) per month until arriving at the age of sixteen
years: Provided, however, That if any child is under the age of sixteen
years, and over the age of fifteen years, he shall be entitled to recover
such payment for the period of one year. The total combined monthly
payment under this paragraph shall in no case exceed fifty dollars
($50). Upon remarriage the payments on account of a child or children
shall continue as before to the child or children.
Temporarytotal
(d) When the total disability is only temporary, the schedule, of pavdisabiiity.
ments contained in paragraphs (1 ), ( 2 ) and ( 3 ) of the foregoing subdi
vision (b) shall apply so long as the total disability shall continue,
increased fifty per cent for the first six months of such continuance, but
in no case shall the inciease operate to make the monthly payment ex
ceed sixty per cen t of the monthly wage (the daily wage multiplied by
twenty-six, or, in case the workman was customarily employed seven
days a week, multiplied by thirty) the workman was receiving at the
time of his injury.
Hernia.
A workman in order to be ertitled to compensation for hernia must
prove (1 ) that the hernia did not exist prior to the date of the alleged
accident, and (2 ) that it was immediately preceded by an accident
arising out of and in the course of employment. A workman, after
establishing his light to compensation for hernia as above provided,
when opeiated upon sha 11 be en titled to receive from the industrial acci
dent fund, under the provisions of subdivision (d) of this section, pay
ment for temporary total disability for a period of forty-two days. If
such workmanrefuses forthwith to submit to an operation, neither he
nor his beneficiaries shall be entitled to any benefits whatsoever under
this act.
(e) When the disability is or becomes partial only and is tempoiary
• temporary par-in char?ctei, the workman shall receive for a period not exceeding two
tiai disa )iJity.
yearg that proportion of the payments provided for total disability which
his earning power at any kind of work bears to that existing at the time
of the occurrence of the injury.
Permanent par- (/) Permanent partial disability means the loss of either one arm,
1 y* one hand, one leg, one foot, loss of hearing in one or both ears, loss of one
eye, one or more fingers, any dislocation where ligaments are severed,
or any other injury known in surgery to be permanen t partial disability.
Wheie permanent paitial disability shall result from any injury the
workman shall receive the sum of twenty-five dollars ($25) a month for
the period stated against such injury, respectively, as follows:
In case of the loss by the separatior of one arm at or above the elbow
joint, or the permanent or complete loss of the use of one arm, ninety-six
(96) months.
The loss by separation of one hand at or above the wrist joint, or
the permanent and complete loss of the use of one hand, seventy-six (76)
months.

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821

The loss by separation of one leg, at or above the knee joint, or the
permanent and complete loss of the use of one leg, eighty-eight (88)
months.
The lose by separation of one foot at or above the ankle joint, or the
permanent or complete loss of the use of one foot, sixty-four (64)
months.
The permanent and complete loss of hearing in both ears, ninety-six
(96) months
The permanent and complete loss of hearing in one ear, thirty-six
(36) months.
The permanent and complete loss of the sight of one eye, forty (40)
months.
The loss by separation of a thumb, twenty-four (24) months.
The loss by separation of a first finger, sixteen (16) months, the
second finger, nine (9) months, a third finger, eight (8 ) months, a
fourth finger, six (6 ) months.
The loss of one phalange of the thumb shall be considered equal to
the loss of one-half a thumb; the loss of one phalange of a finger, equal
to the loss of one-third of a finger, and the loss of two phalanges of a
finger, equal to the loss of one-half of a finger, and the compensation
for the respective proportions of the above period shall be payable.
The loss of more than.one phalange of a thumb, or more than two
phalanges of a finger, shall be considered as the loss of an entire thumb
or finger.
The loss by separation of a great toe ten (10) months, any other toe,
four (4) months.
In all other cases of injury resulting in permanent partial disability, . Other cases of
the compensation shall bear such relation to the periods stated in this mjury‘
clause as the disabilities bear to those produced by the injuries named
in this schedule, and payments shall be made for proportionate periods,
not exceeding, however, ninety-six (96) months.
If any workman entitled to compensation on account of a permanent Adjustments,
disability shall have received compensation for either temporary total
disability or temporary partial disability by reason of the same injury
which shall entitle him to compensation for permanent partial disa
bility, the number of months during which he shall be entitled to pay
ments for such permanent partial disability shall be in addition to the
number of monthly payments .which he shall have received on account
of such temporary total disability or temporary partial disability.
In case of the death of a workman receiving monthly payments on Death durine;
account of permanent partial disability, such payments shall continue compensation pefor the period during which such workman, if surviving, would have
been entitled thereto, and such payments shall be made to the person
or persons who would have been entitled to receive death benefits if
the injury causing such disability had been fatal; but nothing herein
contained shall be construed to entitle any person or persons to double
payments on account of the death of a workman and a continuation of
payments for permanent partial disability, or to a greater sum in the
aggregate than if such injury had been fatal.
(g) For every case of injury resulting in death or permanent total Segregated aceidisability or permanent partial disability on account of which deferred dent nd*
payments are provided for a period exceeding twenty-four (24) months,
it shall be the duty of the commission forthwith to notify the State
treasurer in writing of the amount required to equal at four per cent
interest per annum, the present worth of the monthly installments pay
able on account of such injury, the number of such payments being
computed in case of permanent total disability according to the age
of the injured workman, and in the case of death according to the ages
of the beneficiaries, both of such computations being according to the
American mortality table and the expectation of life thereunder, and
in the case of permanent partial disability according to the schedule
above prescribed. Thereupon the State treasurer shall transfer from
the accident fund to a fund to be known as the segregated accident
fund the amount so specified by the commission. All moneys com
prised in the segregated accident fund shall be invested by the State
treasurer in the class of securities authorized for the investment bybanks of savings deposits under the laws of the State. The segregated
accident fund and its earnings shall be charged with the payment of

822

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the

u n it e d

states.

the installments on account of which such segregation shall be made.
The State treasurer shall keep an accurate account of the earnings of
and payments from the segregated accident fund and may borrow from
the accident fund to meet monthly payments pending conversion into
cash of any security and in such case shall repay such temporary loan
out of the cash realized from the security. Any deficiency in the segre
gated accident fund shall be made good out of, and any balance o”
overplus shall revert to, the accident fund. The commission shall
biennially recompute the liability of the segregated fund and notify
the State treasurer of the proper amount to be transferred from the
accident fund to the segregated accident, or from the segregated fund
to the accident fund.
injury during
(h) Should a further accident occur to a workman already receiving
r?odPenSati0n P°" a monthly payment under this section for a disability, or who has been
previously the recipient of a lump-sum payment under this act, his
future compensation shall be adjusted according to the other provisions
of this section and with regard to the combined effect of his injuries
and his past receipt of money under this act.
(i) I f aggravation, d im in u tio n or term in a tio n of d is a b ility tak es
p la ce or b e d iscov e re d after th e rate of c om p e n sation sh all h a v e b e e n
estab lish ed or com p e n sation term in a te d in a n y case, th e co m m issio n
m a y , u p o n th e a p p lic a tio n of th e b en eficiary* or u p o n its o w n m o tio n ,
read ju st for fu tu re a p p lic a tio n th e rate of co m p e n sa tio n in a ccord a n ce
w ith th e rules in th is se ction p ro v id e d , or, in a proper case, te rm in a te
th e p a y m e n ts.

Reviews.

Spouses

living

apart
Lum p

sums.

W illful intent.

Minors.

Medical aid.

Q') A husband or wife of an injured workman who has deserted and
is living apart from said injured workman at the time of the injury
shall not be a beneficiary under this act.
(k) I f a beneficiary shall reside or remove out of the State and shall
have been such nonresident for a period of one year, the commission
may, in its discretion, convert any monthly payments thereafter to be
come due to such beneficiary into a lump-sum payment, not in any
case exceeding four thousand dollars ($4,000), by paying a sum equal
to three-fourths of the present value of such monthly payments, esti
mated as to duration by the life expectancy of the beneficiary in case
of death or total permanent disability and computed according to the
American mortality table and on the basis of interest at the rate of four
per cent per annum, or, with the consent of the beneficiary for a lesser
sum, and in any case the commission may, in its discretion pay over
to any beneficiary or injured workman in a lump sum an amount not
exceeding one-half of the present value of the monthly installments
payable to such beneficiary or injured workman and computed as
aforesaid, and thereupon all subsequent monthly installments shall
be proportionately reduced.
Sec. 22. If injury or death results to a workman from the deliberate
intention of the workman himself to produce such injury or death,
neither the workman nor the widow, widower, child, or dependent of
the workman shall receive any payment whatsoever out of the accident
fund. If injury or death results to a workman from the deliberate inten
tion of his employer to produce such injury or death, the workman, the
widow, widower, child, or dependent of the workman shall have the
privilege to take under this act, and also have cause for action against
the employer, as if this act had not been passed, for damages over the
amount payable hereunder.
A minor working at an age legally permitted under the laws of this
State shall be deemed sui juris for the purpose of this act, and no other
person shall have any cause of action or right to compensation for an
injury to such minor workman, except as expressly provided herein,
but in the event of a lump-sum payment becoming due under this act
to such minor workman, the control and management of any sum so paid
shall be within the jurisdiction of the courts as in the case of other
property of minors.
S ec . 23 (as amended by ch. 288, acts of 1919). The commission shall
have authority to provide, under uniform rules and regulations, fir staid
to workmen who are entitled to benefits hereunder, together with trans
portation, medical and surgical attendance and hospital accommoda
tions for injured workmen and to contract therefor in its discretion.
The commission may, in its discretion, authorize employers to furnish
or provide, at the expense of the commission and upon terms fixed by

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it, such transportation, attendance and accommodations: Provided,
however, That all such transportation, attendance and accommodations
shall be at all times subject to the supervision and control of the com
mission: Provided, further, That the commission shall not in any one
case approve the expenditure of more than one hundred dollars ($100)
for hospital accommodations, one hundred dollars ($100) for surgical
and medical service, and fifty dollars ($50) for transportation, medi
cines, X-ray plates or prints and other services or supplies, without
the approval of the commission for the furnishing of additional services
having been secured prior to the time of furnishing of such additional
services, supplies, and transportation.
In the case of an injury resulting in the loss by any workman of a leg A r t i f i c i a l
or arm, that can be replaced to advantage with an artificial leg or arm, Iimbsthe commission shall supply the injured person with one of the best
quality, but said artificial leg or arm shall be and remain the property
of the State of Oregon and shall be so stamped and identified that it can
not be sold by the possessor. The injured workman shall have the right
to select such artificial leg or arm, subject to the approval of the com
mission.
One purpose of this act is to restore the injured person as soon as pos- Rehabilitation.
.sible and as nearly as possible to a condition of self-support and main
tenance as an able-bodied workman, and final settlement shall not be
made in any case until the commission is satisfied that such restoration
is probably as complete as it can be made. Except as limited by this
act, the commission is authorized to expend money from the accident
fund to accomplish this purpose in each case and the amount so spent
shall not be charged against the compensation allowed by this act to the
injured workman, but an itemized statement thereof shall be rendered
to him each month, when requested, and a duplicate to his employer.
S e c . 24. When any payment of contribution required by this act to
Defaults,
be made by an employer on his own account or on account of workmen
in his employ becomes due, interest at the rate of one per cent per month
or fraction thereof shall be added to the amount of such payment from
and after the first day of the month following the date upon which such
payment became due. If any employer shall default in any payment
of contribution required hereunder after a written demand therefor shall
have been made on such employer by the commission, such employer
shall be subject to a penalty of ten per cent upon the amount of such
contribution then due. The amount of such contribution at any time
due, together with interest thereon, and penalty for nonpayment thereof,
shall be collected in the same action, and an action may be maintained
in the name of the commission as plaintiff, and such right of action shall
be in addition to any other right of action, remedy, or penalty for
nonpayment.
All contributions, interest charges, penalties or amounts due the Benefits pre
industrial accident fund from any employer as provided in this act, ferre(i"
and all judgments recovered by the commission against any employer
under any of the provisions of this act, shall be deemed preferred
claims in all bankruptcy proceedings, trustee proceedings, proceed
ings for the administration of estates, and receiverships involving the
employer liable therefor or the property of such employer.
Every employer required to make payments hereunder to the indus- Liens,
trial accident fund shall be primarily liable for such payments and for
interest and penalties thereon which shall accrue as above provided,
and a lien is hereby created in favor of the commission on all real prop
erty within this State upon which labor shall be performed by the
workmen of any employer required to make such payments hereunder
in a sum equal to the amount at any time due from such employer to the
commission on account of labor performed by the workmen of such
employer, together with such interest and penalty upon such real
property or any structure or improvement erected or made thereon,
and the commission shall also have a lien on all saw logs, spars, piles,
ties, or other timber, and also a lien upon all lumber while the same
remains at the yard wherein manufactured, in a sum equal to the
amount at any time due from any employer required to make pay
ments hereunder on account of labor performed by the workmen of such
employer, together with such interest and penalty, upon such saw logs,
spars, piles, ties, or other timber, and also upon such manufactured
lumber. The lien hereby created shall attach from the date of the

824

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commencement of such labor upon such property and shall be prior to
all other liens and incumbrances except labor liens. In order to avail
itself of the lien hereby created the commission shall, within sixty
days after the employer primarily liable for the payment on account
of which such lien is hereby authorized shall make default in such pay
ment, file with the county clerk of the county within which such prop
erty shall then be situated a statement in writing describing the prop
erty upon which a lien is claimed and stating the amount of the lien
claimed by the commission. From and after the filing of such claim of
lien and at any time within six months therefrom, the commission shall
be entitled to commence suit to cause such lien to be foreclosed in the
manner provided by law for the foreclosure of other liens on real or per
gonal property.
Suits.
All actions and suits brought pursuant to the provisions of this act
where the amount of the demand is $20 or more may be brought in the
discretion of the commission in the circuit court of the State of Oregon
in which the defendant resides, or in which the real or personal property
against which a lien is hereby created shall be located. In all such suits
and actions costs shall be allowed to the prevailing party regardless of
the amount of the demand.
Employers liaWhen any employer is in default in the payment of any contribu
te, when.
tion required hereunder and an injury occurs to any of his workmen
during the period of such default, if such default be after demand for
payment, such employer shall not be entitled to any of the benefits of
this act, but shall be liable to the injured workman, or to those claiming
under him in case of death, as he would have been prior to the passage
of this act.
In case the recovery actually collected from the employer shall equal
or exceed the compensation to which the claimant would be entitled
under this act, the claimant shall be entitled to nothing out of the indus
trial accident fund. If such amount shall be less than the compensation
herein provided, the commission shall contribute out of the industrial
accident fund the amount of such deficiency. The person entitled to a
right of action under this section shall have the choice, to be exercised
before commencing suit against such defaulting employer, of proceeding
by suit against such employer or of taking compensation under this act.
If such person elect to take compensation under this act, the cause of
action shall be assigned to the commission for the benefit of the indus
trial accident fund. In any suit brought upon such cause of action the
defenses withdrawn by section 15 hereof from employers electing not
to contribute hereunder shall not be admissible. Any such cause of
action assigned to the commission may be prosecuted or compromised by
it in its discretion. Any compromise by an individual claimant under
this section which would result in a deficiency to be made good out of
the industrial accident fund may be made only upon the written
approval of the commission.
S e c . 25. It shall be the duty of the industrial accident commission
Violating safety
aW3,
to investigate all cases where they have reason to believe that employ
ers in this State have failed to install or maintain any safety appliance,
device or safeguard required by statute and in all cases of failure on the
part of any employer to comply with such safety statute to report the fact
to the prosecuting attorney for the district in which such violation of law
occurred-and request the prosecution of the offending employer.
A ssignm en ts,
S e c . 26. No moneys payable on account of injuries or death hereetc‘
under shall be subject to assignment prior to the receipt thereof by the
beneficiary entitled thereto, nor shall the same pass by operation of law.
All moneys paid or payable hereunder and the right to receive the same
shall be exempt from seizure on execution, attachment, or garnishment,
or by the process of any court.
Alien beneficiaWhere the beneficiaries of a deceased who is entitled to the benefits
nes’
of this act are aliens residing in an alien country, payment of the sums
due the beneficiaries may, in the discretion of the commission, be made
by the commission to the consul general of the alien government on
behalf of the beneficiaries, and the receipt of said consul general of
said alien government to the commission for the amounts thus paid
shall be a full and sufficient receipt for the payment of the funds thus
due the beneficiaries.
Claims.
^ S e c . 27 (as amended by ch. 288, acts of 1919). (a) Where a workman
is entitled to compensation under this act, he shall file with the com-

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mission his application for such compensation 011 blanks furnished by
the commission. The physician who attended him shall send to the
commission a certificate made out on blanks furnished by the com
mission.
( 6)
Where death results from injury, the persons entitled to compen
sation under this act shall make application therefor to the commission,
which application must be accompanied by proof of death and proof
of relationship showing the persons to be entitled to compensation under
this act, certificate of attending physician, if any, and such other proof
as may be required by the rules of the commission.
(c) If change of circumstances warrants an increase or rearrange Review.
ment of compensation, like application shall be made therefor. No
increase or rearrangement shall be operative for any period prior to
application therefor.
(d) No application •shall be valid or claim thereunder enforceable in Limitation.
nonfatai cases unless such claim is filed within three months after the
date upon which the injury occurred, nor in fatal cases unless such
claim is filed within one year after the date upon which the fatal injury
occurred.
J u risd ic tio n
(e) The power and jurisdiction of the commission shall be continuing continuing.
and it may from time to time make such modification or change with
respect to former findings or orders with respect thereto, as in its opinion
may be justified.
False i epresen(g) If any person shall willfully make a false statement or represen tation.
tation to the commission or to any of its assistants for the purpose of
obtaining any benefit or payment under the provisions of this act,
either for himself or any other person, the person making such false
statement or representation shall be guilty of a misdemeanor.
Medical exami*
S e c . 28. Any workman entitled to receive compensation under this nations.
act is required, if requested by the commission, to submit himself for
medical examination at a time and from time to time at a place reason
ably convenient for the workman and as may be provided by the rules
of the commission. If the workman refuses to submit to any such ex
amination, or obstructs the same, his rights to monthly payments shall
be suspended until such examination has taken place, and no compen
sation shall be payable during or for account of such period.
R e f u s a l of
For such period of time as any workman shall commit insanitary or treatment.
injurious practices which in the judgment of the commission tend to
either imperil or retard his recovery, or shall refuse to submit to such
medical or surgical treatment as the commission deems reasonably
essential to promote his recovery, his right to compensation shall be
suspended and no payment shall be made for such period, and the com
mission may reduce the period during which such workman would
otherwise be entitled to compensation to such an extent as they shall
determine his disability shall have been increased by such refusal.
Report of acci
S e c . 29. Whenever any accident occurs to any workman it shall be dents.
the duty of the employer to at once report such accident and the injury
resulting therefrom to the commission. Such report shall state:
1 . The time, cause, and nature of the accident and injuries, and the
probable duration of the injury resulting therefrom.
2 . Whether the accident arose out of or in the course of the injured
person’s employment.
3. Any other matters the rules and regulations of the commission may
prescribe.
Daty of em
Any employer within this State hereafter engaging in any hazardous ployers.
occupation as herein defined, and who has not filed with the commis
sion a notice of rejection of this act, shall within ten days atter engag
ing in such hazardous occupation, file a notice stating the kind of
hazardous occupation in which he is engaged or is about to engage,
with the commission. Failure or neglect on the part of any employer
to file such notice shall subject the offending employer to a penalty of
$50 for each offense, to be collected by a civil action in the name of the
commission and paid to the industrial accident fund. Justices of the
peace and other courts having jurisdiction as justices of the peace shall
have concurrent jurisdiction with the circuit court of action brought to
recover said penalty.
Access to books,
Sec. 30. The books, records, and pay rolls of any employer pertinent etc.
to the administration of this act shall always be open to inspection by

826

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the commission, or its agent for the purpose of ascertaining the correct
ness of the pay roll, the men employed, and such other information as
may be necessary in the administration of this act.
Every employer subject to this act shall keep a true and accurate
record of the number of his workmen and the wages paid by him, the
occupations at which and the number of days or parts of days any of
his workmen are employed, and shall furnish to the commission, upon
request, a sworn statement of the same.
Misrepresenta
Any employer who shall wilfully misrepresent to the commission the
tions.
amount of his pay roll upon which the amount of his contribution to the
industrial accident fund is based shall be liable to the commission in a
sum equal to ten times the amount of the difference between the
amount of such contribution computed according to the representation
thereof by such employer and the amount for which the employer is
liable hereunder according to a correct computation of his pay roll,
and such liability shall be enforced in a civil action in the name of the
commission, and any amount so collected shall become a part of such
fund.
Violations.
Failure or neglect on the part of the employer to report accidents or
to submit said books, records, and pay rolls for inspection to any mem
ber of the commission or any oi its representatives presenting written
authority from the commission, or a refusal on the part of an employer
to keep a pay roll in accordance with this section when demanded by
the commission, shall subject the offending employer to a penalty of
$100 for each offense, to be collected by a civil action in the name of
the commission, and paid into the industrial accident fund, and the
individual giving such refusal shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine of not more than
$100 or by imprisonment in the county jail for not more than ninety
days, or by both such fine and imprisonment, in the discretion of the
court. The circuit court of the State of Oregon and any justice court
of the State shall have concurrent jurisdiction of this offense.
Employers out
S e c . 31. The State, State departments, school districts, irrigation
side act.
districts, ports and port commissions, or other agencies of the State,
counties, and any incorporated city or town within the State, engaged
in any occupation, whether hazardous or nonhazardous, and any em
ployer engaged in any occupation other than those defined in section
13 hereof, may make written application to the commission to fix a rate
of contribution for such occupation, and thereupon it shall be the duty
of the commission to fix such rate, which shall be based on the hazard
of such occupation in relation to the hazards of the occupations for
which rates are prescribed by section 19 hereof. When such rate shall
be so fixed such applicant may file notice in writing with the commis
sion, giving ten days’ notice of his or its election to contribute under
this act, and shall forthwith display in a conspicuous manner about its
works and in a sufficient number of places to reasonably inform his or
its workmen of the fact, printed notices furnished by the commission
stating that he or it has elected to contribute to the fund and stating
when said election will become effective. Any workman in the em
ploy of such applicant shall be entitled at any time within five days
after the posting of said notice by his employer to give a written notice
to such employer of his election not to become subject to this act. At
the expiration of the time fixed by the notice of such employer the em
ployer and such of his or its workmen as shall not have given such writ
ten notice of their election to the contrary shall be subject to all of the
provisions of this act and entitled to all of the benefits thereof. Any
employer, including the State, State departments, school districts,
irrigation districts, ports, port commissions, or other agencies of the
State, counties and cities, becoming subject to this act in the manner
prescribed in this section, shall pay the rate so fixed by the commission,
and shall be entitled to a reduction of such rate in the manner provided
by section 19 hereof, and shall retain and pay to the commission the
proportion of his workmen’s wages prescribed by section 19 hereof.
D e c isio n s
S e c . 32 (as amended by ch. 397, acts of 1919). The commission
commission.
shall have full power and authority to hear and determine all questions
within its jurisdiction, but any beneficiary not satisfied with the deci
Appeals.
sion or findings of said commission, may, within thirty days after notice
of the final action of such commission, appeal to the circuit court of
the State of Oregon for the county in which such claimant resides. It

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shall be sufficient to give the circuit court jurisdiction that a notice be
filed with the clerk of said court to the effect that an appeal is taken to
the circuit court from the decision of the commission, the same to be
signed by the party appealing or his attorney, and a copy thereof to be
served by registered mail on the commission. Within ten days after
the receipt of such notice the commission shall file with the clerk of
said court the record of proceedings before the commission, including
a transcript of the evidence and all correspondence relating to the said
matter, and the case thereafter shall be tried as other cases in said court:
-Provided, That either party thereto may demand a jury trial upon any
question of fact, in which case it shall be tried at a regular term in said
court and shall have precedence over all other civil cases.
Upon such appeal the court shall determine whether the commission
has justly considered all the facts concerning the injury, whether it has
exceeded the powers of this act, whether it has misconstrued the laws
and facts applicable in the case decided, and whether it has made proper
award to the injured workman, and if it shall determine that the said
commission has acted within its powers and has correctly construed the
law and facts the decision of the commission shall be confirmed; other
wise it shall be reversed or modified: Provided, however, That in case of
any trial of fact by a jury the court shall be bound by the decision of the
j ary as to the question of fact submitted to it. In case of a modification
or reversal the circuit court shall refer the same back to the commission
with an order directing it to fix the compensation in accordance with
the findings made by the court: Provided, That any such award shall
be in accordance with the schedule of compensation set forth in this act.
The costs of such proceedings, including the prevailing fee of $10 , shall
be taxed against the unsuccessful party. Appeals shall lie on the
judgment of the circuit court, as in other civil cases.
The attorney general shall be the legal adviser of the commission. Legal adviser.
Upon request of the commission, the attorney general or, under his
direction, the prosecuting attorney of any county, shall institute or
prosecute actions or proceedings for the enforcement of any provisions
of this act or for the recovery of any money to the industrial accident
fund, of any penalty herein provided for, when such actions or pro
ceedings are within the county in which such prosecuting attorney was
elected, and shall defend in like manner all suits, actions, and proceed
ings brought against the commission or the members thereof in their
official capacity.
S e c . 33 (as amended by ch. 288, acts of 1919). Disbursements o f
Warrants
(or
moneys out of the segregated accident fund and catastrophe fund, and all disbursementsdisbursements on account of administrative expenses from the indus
trial accident fund shall be made only upon warrants drawn by the
secretary of state upon duly approved vouchers therefor transmitted to
him by the commission. In order that the intent and purpose of this
act may be fulfilled with expedition and the compensation benefits
herein provided may be immediately available for disbursement to
injured workmen, the secretary of state is hereby authorized and
directed, upon requisition of the commission, to draw a warrant for
forty thousand dollars ($40,000) on the industrial accident fund for the
purpose of establishing an emergency fund, which said fund shall be
disbursed by the commission in the payment of compensation benefits
in all cases for which reserves are not required to be set aside in the
segregated accident fund. The secretary of state is authorized and
directed to issue further warrant or warrants from time to time in favor
of the commission on the industrial accident fund in payment of com
pensation benefits, in such amount or amounts as the commission may
certify when accompanied by statements of the various settlements as
affected by the commission. The state treasurer shall, to such extent
as shall appear to him to be advisable, keep the moneys of the unsegre
gated portion of the accident fund invested at interest in the class of
securities authorized for the investment by banks of savings deposits
under the laws of this State. The State treasurer shall be liable on his
official bond for the safe custody of the moneys and securities of the
accident fund and the segregated accident fund.
S e c . *34. Nothing in this act’ shall be deemed to abrogate the rights
of the employee under the present employers’ liability law, in all cases
where the employee, under this act, is given the right to bring suit
against his employer for an injury.

PENNSYLVANIA.
CONSTITUTION.
A r t i c l e 3 : S e c t i o n 21 (as a m e n d e d 1 9 1 5 ).— Legislature authorized to

pass compensation laws.
Scope of powers.

The general assembly may enact laws requiring the payment by em
ployers, or employers and employees jointly, of reasonable compensa
tion for injuries to employees arising in the course of their employ
ment, and for occupational diseases of employees, whether or not
such injuries or diseases result in death, and regardless of fault of
employer or employee, and fixing the basis of ascertainment of such
compensation and the maximum and minimum limits thereof, and
providing special or general remedies for the collection thereof; but in
no other cases shall the general assembly limit the amount to be
recovered for injuries resulting in death, or for injuries to persons or
property, and in case of death from such injuries, the right of action
shall survive, and the general assembly shall prescribe for whose benefit
such actions shall be prosecuted. No act shall prescribe any limita
tions of time within which suits may be brought against corporations
for injuries to persons or property, or for other causes, different from
those fixed by general laws regulating actions against natural persons,
and such acts now existing are avoided.
ACTS OF 1915.
A c t.

No.

3 3 8 .— Compensation of workmen for injuries.

A r tic le

I.— Interpretation and definition.

1. This act shall be called and cited as the workmen’s
0
compensation act of 1915, and shall apply to all accidents occurring
within this Commonwealth, irrespective of the place where the con
tract of hiring was made, renewed, or extended, and shall not apply to
. any accident occurring outside of the Commonwealth.
^ Numbers and
S e c . 102. Wherever in this act the singular is used the plural shall
genders.
inciu(j e(i- where the masculine gender is used the feminine and
neuter shall be included.
“ Employer.”
S e c . 103. The term “ employer” as used in this act is declared to be
synonymous with master, and to include natural persons, partnerships,
joint-stock companies, corporations for profit, corporations not for
profit, municipal corporations, the Commonwealth, and all govern
mental agencies created by it.
“ Employee.”
S e c . 104. The term ‘‘ employee” as used in this act is declared to
be synonymous with servant, and includes all natural persons who
perform services for another for a valuable consideration, exclusive
of persons whose employment is casual in character and not in the
regular course of the business of the employer, and exclusive of per
sons to whom articles or materials are given out to be made up, cleaned,
washed, altered, ornamented, finished, or repaired, or adapted for sale
in the worker’s own home or on other premises not under the control or
management of the employer.
“ Contractor ”
S e c . 105. The term “ contractor” as used in article two, section
two hundred and three, and article three, section three hundred and
two (b), shall not include a contractor engaged in an independent
business, other than that of supplying laborers or assistants; in which he
serves persons other than the employer in whose service the accident
occurs, but shall include a subcontractor to whom a principal con
tractor has sublet any part of the work which such principal contractor
has undertaken.
Public authori- Sec. 106. The exercise and performance of the powers and duties
iev
of a local or other public authority shall, for the purposes of this act, be
treated as the trade or business of the authority.
Title and scope

S e c t io n

828

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L A W S ----P E N N S Y L V A N I A .

S e c . 107. The term “ bureau” ayhen used in this act shall mean
the bureau of workmen’s compensation of the department of labor and
industry.
The term “ board” when used in this act shall mean the workmen's
compensation board of the bureau.

829
“ Bureau.v
‘‘ Board.*1

A rticle II.—Damages by action at law.

Section 2 0 1 .—In any action brought to recover damages for per- defenses a'nrosonal injury to an employee in the course of his employment, or for sated,
death resulting from such injury, it shall not be a defense—
(a) That the injury was caused in whole or in part by the negli
gence of a fellow employee; or
(b) That the employee had assumed the risk of the injury; or
(c) That the injury was caused in any degree by the negligence of
such employee, unless it be established that the injury was caused by
such employee’s intoxication or by his reckless indifference to danger.
The burden of proving such intoxication or reckless indifference to
danger shall be upon the defendant, and the question shall be one of
fact to be determined by the jury.
Sec. 202. The employer shall be liable for the negligence of all
of em
employees, while acting within the scop’e of their employment, includ- p } ees*
ing engineers, chauffeurs, miners, mine foreman, fire bosses, mine
superintendents, plumbers, officers of vessels, and all other employees
licensed by the State or other governmental authority, if the employer
be allowed by law the right of free selection of such employees from the
class of persons thus licensed; and such employees shall be the agents
and representatives of their employers, and their employers shall be
responsible for the acts and neglects of such employees, as in the case
of other agents and employees of their employers; and, notwithstand
ing the employment oi such employees, the property in and about
which they are employed, and the use and operation thereof, shall at
all times be under the supervision, management and control of their
employers.
S e c . 203. An employer who permits the entry upon premises occuC ontractors’
pied by him or under his control of a laborer or an assistant hired by emPloyeesan employee or contractor, for the performance upon such premises of
a part of the employer’s regular business intrusted to such employee
or contractor, shall be liable to such laborer or assistant in the same
manner and to the same extent as to his own employee.
Sec. 204. No agreement, composition, or release of damages made Waivers,
before the happening of any accident, except the agreement defined
in article three of this act, shall be valid or shall bar a claim for damages
for the injury resulting therefrom; and any such agreement, other than
that defined in article three herein, is declared to be against the public
policy of this Commonwealth. The receipt of benefits from any asso- Receipt of heneciation, society, or fund shall not bar the recovery of damages by fltSaction at law, nor the recovery of compensation under article three
hereof; and any release executed in consideration of such benefits shall
be void.
A rticle I I I .—Elective compensation.
S e c t io n 301. When employer and employee shall by agreement,
Act
applies,
either express or implied, as hereinafter provided, accept the pro- whenvisions of article three of this act, compensation for personal injury
to, or for the death of, such employee, by an accident, in the course
of his employment, shall be made in all cases by the employer,
without regard to negligence, according to the schedule contained in
sections three hundred and six and three hundred and seven of this
article: Provided, That no compensation shall be made when the
injury or death be intentionally self-inflicted, but the burden of proof I n t e n t i o n a l
of such fact shall be upon the employer
acts
The terms “ injury” and “ personal injury” as used in this act “ injury.
shall be construed to mean only violence to the physical structure of
the body, and such disease or infection as naturally results therefrom;
and wherever death is mentioned as a cause for compensation under
this act, it shall mean only death resulting from such violence and its
resultant effects, and occurring within three hundred weeks after the ‘ ‘Accident.

830

’s

p e n

s a t io

l a w

o f

t h

i t e

s t a t e s

accident. The term “ injury by an accident in the course of his
employment,” as used in this article, shall not include an injury
caused by an act of a third person intended to injure the employee
because of reasons personal to him, and not directed against him as an
employee or because of his employment; but shall include all other
injuries sustained while the employee is actually engaged in the
furtherance of the business or affairs of the employer, whether upon
the employer’s premises or elsewhere, and shall include all injuries
caused by the condition of the premises or by the operation of the
employer’s business or affairs thereon, sustained by the employee,
who, though not so engaged, is injured upon the premises occupied by
or under the control of the employer, or upon which the employer’s
business or affairs are being carried on, the employee’s presence
thereon being required by the nature of his employment.
Presumptions
S ec . 302. (a) In every contract of hiring made after December
hiringC
.°ntraCtS 01 thirty-first, one thousand nine hundred and fifteen, and in every
contract of hiring renewed or extended by mutual consent, expressed
or implied, after said date, it shall be conclusively presumed that the
parties have accepted the provisions of article three of this act, and
have agreed to be bound thereby, unless there be, at the time of the
making, renewal, or extension of such contract, an express statement
in writing from either party to the other, that the provisions of article
three of this act are not intended to apply, and unless a true copy of
such written statement, accompanied by proof of service thereof upon
the other party, setting forth under oath or affirmation the time, place,
and manner of such service be filed with the bureau within ten days
after such service and before any accident has occurred. Every con
tract of hiring, oral, written, or implied from circumstances, now in
operation, or made or implied on or before December thirty-first,
one thousand nine hundred and fifteen, shall be conclusively pre
sumed to continue subject to the provisions of article three hereof,
unless either party shall, on or before said date, in writing, have
notified the other party to such contract that the provisions of article
three hereof are not intended to apply, and unless there shall be filed
with the bureau a true copy of such notice, together with proof of
service, within the time and in the manner hereinabove prescribed:
Proviso.
Provided, however, That the provisions of this section shall not be so
construed as to impair the obligation of any contract now in force.
In the employment of minors, article three shall be presumed to
apply, unless the said written notice be given by or to the parent or
guardian of the minor. It shall not be lawful for any officer or agent
of this Commonwealth, or for any county, city, borough, or township
therein, or for any officer or agent thereof, or for any other governPubiic employ- mental authority created by the laws of this Commonwealth, to give
mentssuch notice of rejection of the provisions of this article to any employee
of the State or of such governmental agency.
Presumptions
( 5) After December thirty-first, one thousand nine hundred and
etc°employees8^ fifteen, an employer who permits the entry upon premises occupied
’’
by him or under his control of a laborer or an assistant hired by an
employee or contractor for the performance upon such premises of a
part of the employer’s regular business intrusted to that employee or
contractor, shall be conclusively presumed to have agreed to pay such
laborer or assistant compensation in accordance with the provisions
of article three, unless the employer shall post in a conspicuous place,
upon the premises where the laborer’s or assistant’s work is done, a
notice of his intention not to pay such compensation, and unless
there be filed with the bureau, within ten days thereafter and before any
accident has occurred, a true copy of such notice, together with proof
of the posting of the same, setting forth upon oath or affirmation the
time, place, and manner of such posting; and after December thirtyfirst, one thousand nine hundred and fifteen, any such laborer or
assistant who shall enter upon premises occupied by or under the
control of such employer for the purpose of doing such work, shall be
conclusively presumed to have agreed to accept the compensation
provided in article three, in lieu of his right of action under article
two, unless he shall have given notice in writing to the employer, at
the time of entering upon such employer’s premises for the purpose of

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831

doing his work, of his intention not to accept such compensation, and
unless within ten days thereafter and before any accident has
occurred there shall have been filed with the bureau a true copy of such
notice, accompanied by proof of service thereof upon such employer,
setting forth under oath or affirmation, the time, place, and manner
of such service; and in such cases, where article three binds such
employer and such laborer or assistant, it shall not be in effect between
the intermediate employer or contractor and such laborer or assistant
unless otherwise expressly agreed.
S e c . 3 0 3 . Such agreement shall constitute an acceptance of all the . Remedy excluprovisions of article three of this act, and shall operate as a surrender sive
by the parties thereto of their rights to any form or amount of com
pensation or damages for any injury or death occurring in the course
of the employment, or to any method of determination thereof, other
than as provided in article three of this act. ^ Such agreement shall
bind the employer and his personal representatives, and the employee,
his or her wife or husband, widow or widower, next of kin, and other
dependents.
S e c . 3 0 4 . Any agreement between employer and employee for the
T e r m in a t io n ,
operation or nonoperation of the provisions of article three of this act agreements,
may be terminated prior to any accident, by either party, upon sixty
days’ notice to the other in writing, if a copy pi such notice, with
proof of service, be filed in the bureau, as provided in section three
hundred and two of this article.
S e c . 305. Every employer liable under this act to pay compensation
Insurance,
shall insure the payment of compensation in the State workmen’s
insurance fund, or in any insurance company, or mutual association or
company, authorized to insure such liability in this Commonwealth,
unless such employer shall be exempted by the bureau, from such
insurance. An employer desiring to be exempt from insuring the Exemption,
whole or any part of his liability for compensation shall make applica
tion to the bureau, showing his financial ability to pay such compen
sation, whereupon the bureau, if satisfied of the applicant’s financial
ability, shall, by written order, make such exemption. The bureau
may from time to time require further statements of the financial
ability of such employer, and if at any time such employer appear no
longer able to pay compensation, shall revoke its order granting exemp
tion; in which case the employer shall immediately subscribe to the
State fund, or insure his liability in a mutual association or company,
as aforesaid.
If an employer shall fail to comply with the provisions of this sec- ^ Failure to intion, the bureau shall, by registered mail, or in such other manner as sure*
the rules and regulations of the bureau shall provide, serve upon such
employer a notice to forthwith comply with such provisions; and if
such employer does not within thirty days thereafter insure his lia
bility as aforesaid or satisfy the bureau of his financial ability to pay
compensation as aforesaid, or does not terminate his acceptance of
article three of this act in the manner provided in section three hun
dred and four of the said article, such employer shall be liable for
compensation under article three of this act to any employee injured
thereafter, or to his personal representative, or for damages under
article two of this act, at the option of such employee or his personal
representatives: Provided, That such option be exercised by the em
ployee and written notice given to the employer within thirty days
after the accident: And provided further, That until the expiration of
the said thirty days from the giving of the notice by the bureau the
employer shall be liable only for compensation under article three of
this act, and that if he shall terminate his acceptance under section
three hundred and four of article three of this act he shall be liable
only for compensation under article three of this act until such termi
nation of acceptance shall become effective.
S e c . 306 (as amended by act No. 277, acts of 1919). The following
Compensaschedule of compensation is hereby established for injuries resulting tlon
in total disability:
(a)
For the first five hundred weeks after the tenth day of total Total disabiidisability, sixty per centum of the wages of the injured employee, as lty;
defined m section three hundred and nine; but the compensation shall

832

o r k m

e n ’s

c o m

p e n s a t io n

la w

o f

t h

u n i t e d

s t a t e s .

not be more than twelve dollars per week nor less than six dollars per
week, and shall not exceed in aggregate the sum of five thousand dol
lars: Provided, That, if at the time of injury the employee receives
wages of less than six dollars per week, then he shall receive the full
amount of such wages per week as compensation. Nothing^ in this
clause shall require the payment of compensation after disability shall
cease. Should partial disability be followed by total disability, the
period of five hundred weeks mentioned in this clause of this section
shall be reduced by the number of weeks during which compensation
was paid for such^partial disability.
Partial
disa(b) For disability partial in character (except the particular cases
bihty;
mentioned in clause (c)), sixty per centum of the difference between
the wages of the injured employee, as defined in section three hundred
and nine, and the earning power of the employee thereafter; but such
compensation shall not be more than twelve "dollars per week. This
compensation shall be paid during the period of such partial disability;
not, however, beyond three hundred weeks after the tenth day of such
partial disability. Should total disability be followed by partial dis
ability, the period of three hundred weeks mentioned in this clause
shall be reduced by the number of weeks during which compensation
was paid for such total disability.
Permanent in(c) For all disability resulting from permanent injuries of the foljuries.
lowing classes, the compensation shall be exclusively as follows:
For the loss of a hand, sixty per centum of wages during one hun
dred and seventy-five weeks.
For the loss of an arm, sixty per centum of wages during two hun
dred and fifteen weeks.
For the loss of a foot, sixty per centum of wages during one hundred
and fifty weeks.
For the loss of a leg, sixty per centum of wages during two hundred
and fifteen weeks.
For the loss of an eye, sixty per centum of wages during one hun
dred and twenty-five weeks.
For the loss of any two or more of such members, not constituting
total disability, sixty per centum of wages during the aggregate of the
periods specified for each.
Unless the board shall otherwise determine, the loss of both hands
or both arms, or both feet, or both legs, or both eyes, shall constitute
total disability, to be compensated according to the provisions of
clause (a).
Amputation between the elbow and the wrist shall be considered as
the equivalent of the loss of a hand, and amputation between the knee
and ankle shall be considered as the equivalent of the loss of a foot.
Amputation at or above the elbow shall be considered as the loss of an
arm, and amputation at or above the knee shall be considered as the
loss of a leg. Permanent loss of the use of a hand, arm, foot, leg, or
eye shall be considered as the equivalent of the loss of such hand, arm,
foot, leg, or eye.
This compensation shall not be more than twelve dollars per week
nor less than six dollars per week: Provided, That, if at the time of
injury the employee receives wages of less than six dollars per week,
then he shall receive the full amount of such wages per week as com
pensation.
(d)
No compensation shall be allowed for the first ten days after
disability begins, except as hereinafter provided in clause (e) of this
section.
Medical
and
(e) During the first thirty days after disability begins, the employer
hospital services,
j furnish reasonable surgical and medical services, medicines, and
supplies, as and when needed unless the employee refuses to allow them
to be furnished by the employer. The cost of such services, medicines,
and supplies shall not exceed one hundred dollars. If the employer shall,
upon application made to him, refuse to furnish such services, medi
cines, and supplies, the employee may procure the same, and shall
receive from the employer the reasonable cost thereof within the
above limitations. In addition to the above services, medicines, and
supplies, hospital treatment, services, and supplies shall be furnished
by the employer for the said period of thirty days. The cost for such

T E X T

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833

hospital treatment, service, and supplies shall not in any case exceed
the prevailing charge in the hospital for like services to other individ
uals. If the employee shall refuse reasonable surgical, medical, and
hospital services, medicines and supplies, tendered to him by his
employer, he shall forfeit all right to compensation for any injury or
any increase in his incapacity shown to have resulted from such refusal.
(/) Should the employee die as a result of the injury, the period Death foilowduring which compensation shall be payable to his dependents, under ing dlsablJlt>section three hundred and seven of this article, shall be reduced by
the period during which compensation was paid to him in his lifetime,
under this section of this article. No reduction shall be made for
the amount which may have been paid for medical and hospital
services and medicines, nor for the expenses of the last sickness and
burial. Should the employee die from some other cause than the
injury, the liability for compensation shall cease.
S e c . 307 (as amended by act No. 277, acts of 1919). In case of death,
Compensation
compensation shall be computed on the following basis, and distrib-for deathuted to the following persons:
1 . To the child or children, if there be no widow nor widower en
titled to compensation, thirty per centum of wages of deceased, with
ten per centum additional for each child in excess of two, with a maxi
mum of sixty per centum, to be paid to their guardian.
2 . To the widow or widower, if there be no children, forty per centum
of wages.
3. To the widow or widower, if there be one child, fifty per centum
of wages.
4. To the widow or widower, if there be two or more children, sixty
per centum of wages.
5. If there be neither widow, widower, nor children entitled to
compensation, then to the father or mother, if dependent to any extent
upon the employee for support at the time of the accident, twenty
per centum of wages: Provided, however, That in the case of a minor
child who has been contributing to his parents, the dependency of
said parents shall be presumed: And provided further, That if the
father or mother was totally dependent upon the deceased employee
at the time of the accident, the compensation payable to such father
or mother shall be forty per centum of wages.
6 . If there be neither widow, widower, children, nor dependent
parent entitled to compensation, then to the brothers and sisters, if
actually dependent to any extent upon the decedent for support at the
time of his death, fifteen per centum of wages for one brother or
sister, and five per centum additional for each additional brother or
sister, with a maximum of twenty-five per centum; such compensa
tion to be paid to their guardian.
7. Whether or not there be dependents as aforesaid the reasonable Buri al exexpenses of the last sickness and burial, not exceeding one hundred Penses*
dollars (without deduction of any amounts theretofore paid for com
pensation or for medical expenses), payable to the dependents, or,
if there be no dependents then to the personal representatives of the
deceased.
Compensation shall be payable under this section to or on account Terms and conof any child, brother, or sister, only if and while such child, brother, ^ents!
pay~
and sister is under the age of sixteen. No compensation shall be
payable under this section to a widow, unless she was living with her
deceased husband at the time of his death, or was then actually de
pendent upon him for support. No compensation shall be payable
under this section to a widower, unless he be incapable of self-support
at the time of his wife’s death and be at such time dependent upon
her for support. The terms “ child” and “ children” shall include
stepchildren and adopted children, and children to whom he stood
in loco parentis, if members of decedent’s household at the time of
his death, and shall include posthumous children. Should any de
pendent of a deceased employee die, or should the widow or widower
remarry, or should the widower become capable of self-support, the
right of such dependent or widower, to compensation under this
section shall cease: Provided, however, That upon the remarriage of
any widow, other than a nonresident alien widow, the employer
177982°—21—Bull. 272------ 53

834

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

shall pay to such widow the then value of the compensation pay
able to her, during one-third of the period during which compen
sation then remains payable but not exceeding one hundred weeks,
calculated in accordance with the provisions of section three hundred
and sixteen of this article. If the compensation payable under this
section to any person shall for any cause cease, the compensation to
the remaining persons entitled thereunder shall thereafter be the
same as would have been payable to them had they been the only
persons entitled to compensation at the time of the death of the
deceased.
The wages upon which death compensation shall be based shall not
in any case be taken to exceed twenty dollars per week nor be less than
ten dollars per week.
This compensation shall be paid during three hundred weeks, and
in the case of children entitled to compensation under this section the
compensation of each child shall continue after said period of three
hundred weeks until such child reaches the age of sixteen at the rate
of fifteen per centum of wages, if there be but one child, with ten
er centum additional for each additional child, with a maximum of
fty per centum.
The board may, if the best interest of a child or children shall so
require, at any time order and direct the compensation payable to a
widow or widower on account of any child or children to be paid to the
guardian of such child or children, or, if there be no guardien, to such
other person as the board as hereinafter provided may direct, If there
be no guardian or committee of any minor, dependent, or insane em
ployee or dependent on whose account compensation is payable, the
amount payable on account of such minor, dependent, or insane em
ployee or dependent may be paid to any surviving parent, or to such
other person as the board may order and direct, and the board may
require any person, other than a guardian or committee, to whom it
lias directed compensation for a minor, dependent, or insane employee
or dependent to be paid, to render, as and when it shall so order,
accounts of the receipts and disbursements of such person, and to file
with it a satisfactory bond in a sum sufficient to secure the proper ap
plication of the moneys received by such person.
s EC. 308. Except as hereinafter provided all compensation payable
under this article shall be payable in periodical installments, as the
wages of the employee were payable before the accident.
gEC# 309 (as amended by act No. 277, acts of 1919). Wherever in
this article the term “ wages” is used, it shall be construed to mean
the money rate at which the service rendered is recompensed under
the contract of hiring in force at the time of the accident, and shall not
include gratuities received from the employer or others; nor shall it
include amounts deducted by the employer under the contract of
hiring for labor furnished or paid for by the employer, and necessary
for the performance of such contract by the employee; but shall include
board and lodging received from the employer. Whenever the em
ployee receives board and lodging as a part of his wages, the board
shall be rated at fifty cents per day, and board together with lodging
shall be rated at one dollar per day, for the purpose of computing wages.
In seasonal occupations the employee’s weekly wages shall be taken
to be one-fiftieth of the total wages which he has earned from all occu
pations during the year immediately preceding the accident, unless
it be shown that during such year, by reason of exceptional causes,
such method of computation does not ascertain fairly the earnings of
the employee; in which case the period for calculation shall be ex
tended so far as to give a basis for the fair ascertainment of his average
weekly earnings. In continuous employments, if immediately prior
to the accident the rate of wages was fixed by the day or hour, or by
the output of the employee, his weekly wages shall be taken to be five
and one-half times his average earnings at such rate for a working day,
and using as a basis of calculation his earnings during so much of the
preceding six months as he worked for the same employer: Provided,
however, That if the employee regularly and habitually worked more
than five and one-half days per week, the weekly wage shall be found by
multiplying his average earnings for working day by six, six and one-

Installments.

Computing

wages*

u n it e d st a te s.

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half, or seven, according to the customary number of working days
constituting an ordinary week in his occupation or trade. Where the
employee is working under concurrent contracts with two or more em
ployers, his wages from all employers shall be considered as if earned
from the employer liable for compensation.
In cases where the employee has been in the employ of the em
ployer less than one full week, and by reason of the shortness of time
during which the employee has been in the employment of the em
ployer or the nature or terms of the employment it is impracticable to
ascertain the average weekly wages as hereinbefore provided, the aver
age weekly amount which during the six months previous to the in
jury has been earned by other persons employed by the same employer
under similar contracts of hiring, or, if there are no persons so em
ployed, by other persons employed by other employers under similar
contracts of hiring under similar conditions, shall be taken as the basis
for the ascertainment of the weekly wages of such employee.
S e c . 310. Compensation under this article to alien dependent N o n r e s id e n t
widows and children, not residents of the United States, shall be twobenefiCia~
thirds of the amount provided in each case for residents; and the em
ployer may at any^ time commute all future installments of compensa
tion payable to alien dependents, not residents of the United States,
by paying to such alien dependents the then value thereof, calculated
in accordance with the provisions of section three hundred and sixteen
of this article. .Alien widowers, parents, brothers, and sisters, not
residents of the United States, shall not be entitled to any compensation.
Nonresident alien dependents may be officially represented by the
consular officers of the nation of which such alien or aliens may be citi
zens or subjects, and in such cases the consular officers shall nave the
right to receive for distribution to such nonresident alien dependents
all compensation awarded hereunder, and the receipt of such consular
officers shall be a full discharge of all sums paid to and received by
them.
Sec. 311. Unless the employer shall have actual knowledge of the Notice of accioccurrence of the injury or unless the employee or some one in his be- dent*
half or some of the dependents of some one in their behalf shall give
notice thereof to the employer within fourteen days after the accident
no ccpmpensation shall be due until such notice be given or knowledge
obtained; but if the employee or other beneficiary shall show that his
delay in giving notice was due to his mistake or ignorance of fact or of
law or to his^ physical or mental inability or to fraud, misrepresenta
tion, or deceit, or to any other reasonable cause or-excuse, then com
pensation shall be allowed, unless the employer shall show that he did
not know and by reasonable diligence could not have learned of the
accident and that he was prejudiced by the delay, in which case he
shall be relieved to the extent of such prejudice.
S e c . 312. The notice referred to in section three hundred and eleven
Form,
hereof shall be substantially in the following form:
To (name of employer).
You are hereby notified that an injury of the following character
------- - was suffered by (name of employee injured), who was in your
employment at (place), while engaged as (kind of employment) on or
about th e ------day o f ---------- , anno Dom ini--------- , and that compen
sation will be claimed therefor.
D ate—------ .
^
(Signed)
# -------------- :— .
Bat no variation from this form shall be material if the notice be
sufficient to inform the employer that a certain employee, by name,
received an injury, the character of which is described, in ordinary
language, in the course of his employment on or about a time specified
and at or near a place specified.
S e c . 313. The notices referred to in section three hundred and two Service,
and section three hundred and eleven hereof may be served personally
upon the employer, or upon the manager or superintendent in charge
of the works or business in which the accident occurred, or by sending
them through the registered mail to the#employer at his or its lastknown^ residence or place of business, or, if the employer be a corpora
tion, either foreign or domestic, then upon the president, vice presi-

836

’s

p e n

s a t io

L A W S

O F

T H E

U N IT E D

S T A T E S .

dent, secretary, or treasurer thereof. Knowledge of the occurrence of
the injury on the part of any of said agents shall be the knowledge of
the employer.
Medical exami- Sec. 314. At any time after an injury the employee, if so requested
nations.
bv his employer, must submit himself for examination, at some rea
sonable time and place, to a physician or physicians legally authorized
to practice under the laws of such place, who shall be selected and paid
by the employer. If the employee shall refuse, upon the request of
the employer, to submit to the examination by the physician or physi
cians selected by the employer, the board may, upon petition of "the
employer, order the employee to submit to an examination at a time
and place set by it and by the physician or physicians selected and
paid by the employer or by a physician or physicians designated by it
and paid by the employer; and if the employee shall, without reason
able cause or excuse, disobey or disregard such order he shall be de
prived of his right to compensation under this article. The board may
at any time after such first examination, upon petition of the employer,
order the employee to submit himself to such further examinations as
it shall deem reasonable and necessary, at such times and places and
by such physicians as it may designate, and in such case the employer
shall pay the fees and expenses of the examining physician or physi
cians and the reasonable traveling expenses and loss of wages incurred
by the employee in order to submit himself to such examination.
The refusal or neglect, without reasonable cause or excuse, of the em
ployee to submit to such examination ordered by the board, either
before or after an agreement or award, shall deprive him of the right to
compensation under this article during the continuance of such refusal
or neglect, and the period of such neglect or refusal shall be deducted
from the period during which compensation would otherwise be
payable.
The employee shall be entitled to have a physician or physicians of
his own selection, to be paid by him, participate in any examination
requested by his employer or ordered by the board.
Claim in one
S e c . 315. In cases of personal injury all claims for compensation
year*
shall be forever barred, unless within one year after the accident the
parties shall have agreed upon the compensation payable under this
article; or unless within one year after the accident one of the parties
shall have filed a petition as provided in article four hereof. In cases
of death all claims for compensation shall be forever barred unless
within one year after the death the parties shall have agreed upon the
compensation under this article; or unless within one year after the
death one of the parties shall have filed a petition as provided in article
four hereof. Where, however, payments of compensation have been
made in any case, said limitations shall not take effect until the expira
tion of one year from th e time of the making of the last payment.
Lum p-sum
S e c . 316. The compensation contemplated by this article may at
payments.
any time be commuted by the board at its then value when discounted
at five per centum interest, with annual rests, disregarding the proba
bility of the beneficiary’s death, upon application of either party, with
due notice to the other, if it appear that such commutation will be for
the best interest of the employee or the dependents of the deceased
employee, and that it will avoid undue expense or undue hardship to
either party, or that such employee or dependent has removed or is
about to remove from the United States, or that the employer has sold
or otherwise disposed of the whole or the greater part of his business or
assets. Except as provided in section three hundred and ten hereof,
* and in this section, no commutation of compensation shall be made.
Deposi ts to
S e c . 317. At any time after the approval of an agreement or after
cover payments. ^ en^ry 0f the award, a sum equal to all future installments of com
pensation may (where death or the nature of the injury renders the
amount of future payments certain), with the approval of the bureau,
be paid by the employer to any savings bank, trust company, or life
insurance company, in good standing and authorized to do business in
this State, and such sum, together with all interest thereon, shall there
after be held in trust for the employee or the dependents of the em
ployee, who shall have no further recourse against the employer. The
payment of such sum by the employer, evidenced by the receipt of the

TEXT OP LAWS— PENNSYLVANIA.

837

trustee noted upon the prothonotary s docket shall operate as a satisfac
tion of said award as to the employer. Payments from said fund shall
be made by the trustee in the same amounts and at the same periods
as are herein required of the employer until said fund and interest shall
be exhausted. In the appointment of the trustee preference shall be
given, in the discretion of the court, to the choice of the employee or the
dependents of the decreased employee. Should, however, there re
main any unexpended balance of any fund after the payment of all
sums due under this act, such balance shall be repaid to the employer *
who made the original payment, or to his legal representatives.
Sec. 318. The right of compensation granted by this article of this Preference.
act shall have the same preference (without limit of amount) against
the assets of an employer, liable for such compensation, as is now or may
hereafter be allowed by law for a claim for unpaid wages for labor: Pro
vided, hoivever, That no claim for compensation shall have priority over
any judgment, mortgage, or conveyance of land recorded prior to the
filing of the petition, award, or agreement as to compensation in the
office of the prothonotary of the county in which the land is situated.
Claims for payments due under this article of this act shall not be
assignable, and (except as provided in section five hundred and one of
article five hereof) shall be exempt from all claims of creditors, and from
levy, execution, or attachment, which exemption may not be waived.
Sec. 319. Where a third person is liable to the employee or the de Subrogation.
pendents for the injury or death, the employer shall be subrogated to
the right of the employee or the dependents against such third person,
but only to the extent of the compensation payable under this article
by the employer. Any recovery against such third person in excess of
tne compensation theretofore paid by the employer snail be paid forth
with to the employee or to the dependents, and shall be treated as an
advance payment by the employer on account of any future install
ments of compensation.
A

r t ic l e

IV (as amended by act No. 277, acts of 1919.)—Procedure.

S e c t io n 401. The term “ referee” when used in this article shall Definitions.
mean workmen’s compensation referee.
The term “ fund” when used in this article shall mean the State
workmen’s insurance fund of this Commonwealth.
The term “ employer” when used in this article shall mean the em
ployer as defined in article one of this act, or his duly authorized agent,
or his insurer, if such insurer has assumed the employer’s liability, or
the fund, if the employer be insured therein.
Sec. 402. All proceedings before the board or any referee and all Petitions.
appeals to the board shall be instituted by petition addressed to the
board. All petitions shall be in writing and in the form prescribed
by the board.
Sec. 403. All petitions, all copies of agreements for compensation, Forwarding.
and all other papers requiring action by the board shall be mailed or
delivered to the bureau at its principal office.
Sec. 404. The bureau shall, immediately upon their receipt prop Filing.
erly file and docket all petitions, agreements for compensation, find
ings of fact by the board or any referee, awards or disallowances of
compensation, or modifications thereof, and all other reports or papers
filed with it under the provisions of this act or the rules and regulations
of the board.
of deSec. 405. Immediately upon receiving from the board or any referee . Service
.
any approval or disapproval of any agreement for or any award or dis-C1S10DS*
allowance of compensation, or any modification thereof, or any other
decision, the bureau shall serve a copy thereof on all parties in interest.
Sec. 406. All notices and copies to which any party shall be en- How service eftitled under the provisions of this article shall be served by mail o r fected*
in such other manner as the board shall direct. For the purposes of
this article any notice or copy shall be deemed served on the date
when mailed, properly stamped and addressed, and shall be pre
sumed to have reached the party to be served; but any party may
show by competent evidence that any notice or copy was not received,
or that there was an unusual or unreasonable delay in its transmission

838

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 st a te s.

through the mails. In any such case proper allowance shall be made
for the party’s failure within the prescribed time to assert any right
given him by this act.
The bureau, the secretary, and every referee shall keep a careful
record of the date of mailing every notice and copy required by this
act to be served on the parties in interest.
Agreements.
Sec. 407. On or after the tenth day after any accident shall have
occurred, the employer and employe or his dependents may agree
upon the compensation payable to the employee or his dependents
under this act; but any agreement made prior to the tenth day after
the accident shall have occurred, or permitting a commutation of pay
ments contrary to the provisions of this act, or varying the amount to
be paid or the period during which compensation shall be payable as
provided in this act, shall be wholly null and void.
All agreements made in accordance with the provisions of this sec
tion shall be in writing, and signed by all parties in interest.
All agreements for compensation and all supplemental agreements
for the modification, suspension, reinstatement, or termination thereof,
and all receipts executed by any injured employee of whatever age,
or by any dependent to whom compensation is payable under section
three hundred and seven, and who has attained the age of sixteen years,
shall be valid and binding, unless modified or set aside as hereinafter
provided.
Supplemental
S e c . 408. All agreements for compensation may be modified, susagreements.
pended, reinstated, or terminated at any time by a supplemental
agreement approved by the board, if the incapacity of an injured em
ployee has increased, decreased, recurred, or temporarily or finally
terminated, or if the status of any dependent has changed.
Submission to Sec. 409. Whenever an agreement or supplemental agreement shall
board.
be executed between an employer and an employee or his dependents
as provided by this act, such agreement or a duplicate thereof, signed
by all parties in interest, shall be mailed or delivered to the board.
It shall be the duty of the board to examine the agreement, and to
determine whether it conforms to the provisions of section four hun
dred and seven, and, within thirty days after the copy of the agreement
has been mailed or delivered to it, to notify the parties thereto of its
validity or invalidity under the aforesaid section: Provided, however,
That any payment made in accordance with any agreement prior to the
receipt of notice of invalidity shall discharge pro tanto the liability,
under article three of this act, of the employer making such payments.
S e c . 410. If , after a n y a c c id e n t, th e e m p lo y e r and th e e m p lo y e e or
h is d e p e n d e n t, concerned in a n y a c c id e n t, sh a ll fa il to agree u p o n th e
facts thereof an d th e com pen sation d u e u n d er th is act, th e e m p lo y e e
or h is d e p e n d e n ts m a y present a c la im for c om p en sation to th e b oard .
Dispute as to S e c . 411. Whenever the employer and the employee or his de

Claim.

dependent shall on or after the tenth day after any accident, agree on
facts on which a claim for compensation depends, but shall fail to agree
on the compensation payable thereunder, they may petition the board
to determine the compensation payable. Such petition shall contain
the agreed facts, and shall be signed by all parties in interest. The
board shall fix a time and place for hearing the petition, and shall
Hearing.
notify all parties in interest. As soon as may be after such hearing, the
board shall award or disallow compensation in accordance with the
provisions of this act.
Petition
for Sec. 412. If any party shall desire the commutation of future installcommutation.
ments of compensation, he shall present a petition therefor to the board.
Sec. 413. The board, or a referee designated by the board, may, at
amount.

Review
of a n y tim e , re v ie w an d m o d ify or se t asid e an original or su p p lem e n ta l
agreements, etc. ag reem ent, u p o n p e titio n filed w ith th e board or in th e course of th e
proceedings u n d e r a n y p e titio n p e n d in g b efo re su c h b oard or referee,
if it b e p ro v e d th a t su ch ag reem en t w as procured b y th e frau d , coer
cion , or oth er im p ro p er c o n d u c t of a p arty , or w as fou n d e d u p o n a m is
ta k e of la w or of fact.

The board, or referee designated by the board, may, at any time,
modify, reinstate, suspend, or terminate an original or supplemental
agreement or an award, upon petition filed by either party with such
board, and upon proof that the disability of an injured employee has

TEXT OF LAWS— PENNSYLVANIA.

839

increased, decreased, recurred, or has temporarily or finally ceased, or
that the status of any dependent has changed. Such modification, rein
statement, suspension, or termination shall be made as of the date upon
which it is shown that the disability of the injured employee has in
creased, decreased, recured, or has temporarily or finally ceased, or
upon which it is shown that the status of any dependent has changed.
The board or referee to whom any such petition has been assigned may
subpoena witnesses, hear evidence, make findings of fact, and award
or disallow compensation, in the same manner and with the'same effect
and subject to the same right of appeal, as if such petition were an origi
nal claim-petition.
The filing of a petition to terminate or modify a compensation agree
ment or award as provided in this section shall operate as a supersedeas,
and shall suspend the payment of compensation fixed in the agreement
or by the award, in whole or to such extent as the facts alleged in the
petition would, if proved, require.
Sec. 414. Whenever a claim-petition or other petition is presented Hearing,
to the board, the board shall, by general rules or special order, either
direct it to be heard by the board or assign it to a referee for hearing:
Provided, however, That petitions presented under section four hundred
and eleven and four hundred and twelve shall be heard by the board.
The secretary shall serve upon each adverse party a copy of the peti- Notice,
tion, together with a notice that such petition will be heard by the
board or the referee to whom it has been assigned (giving his name and
address) as the case may be, and, if the petition shall have been as
signed to a referee, shall mail the original petition to such referee,
together with copies of the notices served upon adverse parties.
Sec. 415. At any time before an award or disallowance of compen- Hearing
by
sation or order has been made by a referee to whom a petition has been koard*
assigned, the board may order such petition heard before it or may
reassign it to any other referee. Unless the board shall otherwise order,
the testimony taken before the original referee shall be considered as
though taken before the board or substituted referee.
S e c . 416. Within ten days after a copy of any petition has been Answer,
served upon any adverse party, he may file with the secretary if the
petition has been directed to be heard by the board, or with the referee
if the petition has. been assigned to a referee, an answer in the form
prescribed by the board.
Every fact alleged in a petition not specifically denied b y an answer
so filed by an adverse party shall be deemed to be admitted by him.
But the failure of any adverse party or of all of them to deny a fact so
alleged shall not preclude the board or referee before whom the peti
tion is heard from requiring, of its or his own motion, proof of such fact.
S e c. 417. As soon as may be after the twelfth day after notice that Procedure on
a petition has been directed to be heard b y the board has been served hearing,
upon the adverse parties thereto, the board shall fix a time and place
for hearing the petition. If a petition be assigned to a referee, he
shall, twelve days after notice that such petition has been assigned to
him has been served upon the adverse parties, fix a time, not less
than five nor more than fourteen days thereafter, and a place for hear
ing the petition. The secretary, if the petition has been directed to
be heard by the board, or the referee to whom the petition has been
assigned, shall serve upon all parties in interest a notice of the time and
place of hearing, and shall serve upon the petitioner a copy of any
answer of any adverse party.
S ec . 418. The board if a petition is directed to #be heard by it, Findings,
or the referee to whom a petition is assigned for hearing, may subpoena
witnesses, order the production of books and other writings, and hear
evidence and shall make, in writing and as soon as may be after the
conclusion of the hearing, such findings of fact, conclusions of law,
and award or disallowance of compensation or other order, as the
petition and answers and the evidence produced before it or him
and the provisions of this act shall, in its or his judgment, require.
The findings of fact made by the board in any petition heard by it
or upon a hearing de novo shall be final, except as hereinafter pro
vided, and the findings of fact made by a referee to whom a petition
has been assigned or any question of fact has been referred under

840

WORKMEN’ s COMPENSATION LAWS OF THE UNITED STATES.

the provisions of section four hundred and nineteen shall be final,
unless the board shall, under the provisions of section four hundred
and twenty-five of this article, grant a hearing de vovo or^ rehearing.
Referee.
Sec. 419. The board may refer any question of fact arising under
any petition, including a petitioi for commutation heard by it, to a
referee to hear evidence and report to the board the testimony taken
before him or such testimony and findings of fact thereon as the
board may; order. The board may refer any question of fact arising
out of any* petition assigned to a referee, to any other referee to hear
evidence, and report the testimony so taken thereon to the original
referee.
Investigation of
S e c . 420. The board or a referee, if it or he deem it necessary, may,
facts*
of its or his own motion, either before, during, or after any hearing,
make an investigation of the facts set forth in the petition or answer.
The board, or referee with the consent of the board, may appoint one
or more impartial physicians or surgeons to examine the injuries of
the plaintiff and repoit thereon, or he may employ the services of
euch other experts as shall appear necessary to ascertain the facts.
The report of any physician, surgeon, or expert appointed by the
board or by a referee shall be filed with the board or referee, as the
case may be, and shall be a part of the record and open to inspection
as such.
Fees.
The board shall fix the compensation of such physicians, surgeons,
and experts, which, when so fixed, shall be paid out of the sums appro
priated to the department of labor and industry for the maintenance
of the department, and shall be taxed as part of the costs of the pro
ceedings to be repaid to such department by either party or both, as
the board may direct. If any sum so taxed shall not be paid by the
party directed to repay, the same may be collected as costs are now
collectible.
Hearings pub
Sec. 421. All hearings before the board or before a referee shall be
Iicpublic.
Evidence.
S e c . 422. Neither the board nor any referee shall be bound by the
technical rules of evidence in conducting any hearing or investiga
tion, but all findings of fact shall be based only upon competent
evidence.
Depositions.
if any party or witness resides outside of the Commonwealth, or
through illness or other cause is unable to testify before the board or
a referee, his or her testimony or deposition may be taken, within or
without this Commonwealth, in such manner and in such form as the
board may, by special order or general rule, prescribe. The records
kept by a hospital of the medical or surgical treatment given to an
employee in such hospital shall be admissible as evidence of the med
ical and surgical matters stated therein, but shall not be conclusive
proof of such matters.
Appeals.
S e c . 423. Any party in interest may, within ten days after notice
of a referee’s award or disallowance of compensation shall have been
served on him, take an appeal to the board on the ground: (1) That the
award or disallowance of compensation is not in conformity with the
terms of this act, or that the referee committed any other error of law;
(2 ) that the findings of fact and award or disallowance of compensa
tion was unwarranted by the evidence, or was procured by fraud,
coercion, or other improper conduct of any party in interest. The
board may, upon cause shown, extend the time provided in this
article for taking such appeal or for the filing of an answer or other
pleading.
In any such appeal the board may disregard the findings of fact
of the referee, and may examine the testimony taken before such
referee, and if it deem proper may hear other evidence, and may
substitute for the findings of the referee such findings of fact as the
evidence taken before the referee and the board, as hereinbefore
provided, may, in the judgment of the board, require, and may make
such disallowance or award of compensation or other order as the facts
so found by it may require.
Q u e stio n s of
Sec. 424. Whenever an appeal shall be based upon an alleged
law*
error of law, it shall be the duty of the board to grant a hearing thereon.

TEXT OF LAWS----PENNSYLVANIA.
The board shall fix a time and place for such hearing, and shall serve
notice thereof or all parties in interest.
As soon as may be after any such hearing, the board shall either
sustain or reverse the referee’s award or disallowance of compensation,
or make such modification thereof as it shall deem proper.
S e c . 425. Whenever an appeal shall be taken on the ground that
the referee’s award or disallowance of compensation was unwarranted
by the evidence, or because of fraud, coercion, or other improper
conduct by any party in interest, the board may, in its discretion,
grant a hearing de novo before the board or assign the petition for
rehearing to any referee designated by it or sustain the referee’s award
or disallowance of compensation. If the bo?rd shall grant a hearing
de novo, it shall fix a time and place for same, and shall notify all
parties in interest.
As soon as may be after any hearing de novo by the board, it shall in
writing state its findings of fact, and award or disallow compensation in
accordance with the provisions of this act.
Sec. 426. The board, upon petition of any party and upon cause
shown, at any time before the court of common pleas of any county of
this Commonwealth to whom an appeal has been taken under the
provisions of section four hundred and twenty-seven of this article
shall have taken final action thereon, may grant a rehearing of any
petition upon which the board has made an award or disallowance of
compensation or other order or ruling, or has sustained or reversed any
action of a referee. If the board shall grant a rehearing of any petition
from the board’s action on which an appeal has been taken to and
is pending in, the court of common pleas of any county of this Com
monwealth under the provisions of section four hundred and twentyseven of this article, the board shall file in such court a certified copy
of its order granting such rehearing, and it shall thereupon be the duty
of such court to cause the record of the case to be remitted to the
board.
S e c . 427. Any party may appeal from any action of the board on
matters of law to the court of common pleas of the county in which the ‘
accident occurred or of the county in which the adverse party resides or
has a permanent place of business, or, by agreement of the parties, to
the court of common pleas of any other county of this Commonwealth.
Such appeal must be brought within ten days after notice of the action
of the board has been served upon such party, unless any court of
common pleas to which an appeal lies shall, upon cause shown, extend
the time herein provided for taking the appeal. The party taking the
appeal shall, at the time of taking the appeal, serve upon the adverse
party a written notice thereof, setting forth the date of the appeal and
the court in which the same is filed, and shall file with his notice of
appeal such exceptions to the action of the board as he may desire to
take, and shall specify the findings of fact, if any, of the board, or of the
referee sustained by the board, which he alleges to be unsupported by
competent evidence.
Upon filing of the notice of an appeal, the prothonotary of the court
of common pleas to which the appeal has been taken shall issue a writ
of certiorari, directed to the workmen’s compensation board, com
manding it, within ten days after service thereof, to certify to such
court its entire record in the matter in which the appeal has been
taken. The writ so issued shall be mailed by the prothonotary to the
bureau at Harrisburg, together with a copy of the exceptions. The
board shall, within ten days after such service, certify to such court
its entire record in the matter in which the appeal has been taken,
including the notes of testimony.
Any court before whom an appeal is pending from any action of the
board may remit the record to the board for more specific findings of
fact, if the findings of the board or referee are not, in its opinion,
sufficient to enable it to decide the question of law raised by the appeal.
If the court of common pleas of any county of this Commonwealth
shall affirm an award or order of the board or of a referee sustained by
the board, fixing the compensation payable under this act, the court
shall enter judgment for the total amount stated by the award or order

842

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.

to be payable, whether then due and accrued or payable in future
installments. If such court shall sustain the appellant’s exceptions
to a finding or findings of fact and reverse the action of the board
founded thereon, the court shall remit the record to the board for
further hearing and determination, in which the procedure shall be
the same as that hereinbefore provided in this article in the case of a
petition presented to the board, except that the board may order that
any part of the testimony taken in the original proceedings shall be
considered as though taken in such further hearing.
The prothonotary of any court of common pleas to which an appeal
has been taken from the board shall send to the board a certificate of
the judgment of the court as soon as rendered, with a copy of any
opinion which may be filed in the case. At the end of the period
hereinafter allowed for an appeal from the judgment of the court, the
record of the board shall be remitted to it by the prothonotary unless
an appeal shall have been taken. If such appeal shall be taken, the
record shall be remitted to the board by the prothonotary on its return
from the appellate court.
Any party may appeal to the supreme or superior court from the
judgment of the court of common pleas within thirty days after entry
of said judgment. Such appeal shall be taken and prosecuted in the
same manner and form and with the same effect as is provided in other
cases of appeal to the supreme or superior court, and the record so
certified shall contain all that was before the court of common pleas.
Any appeal from the action of the board to a court of common pleas,
and from it to the supreme or superior court shall take precedence over
all other civil actions.
Enforcement of Sec. 428. At any time after the approval of a compensation agreeawards, etc.
ment or after an award or order has been made by the board or referee,
the employee or dependents entitled to compensation thereunder
may file a certified copy of the agreement and the order of the board
approving the same or of the award or order with the prothonotary of
the court of common pleas of any county, and the prothonotary shall
enter the total amount of compensation stated in the agreement, award
or order to be payable to the employee or his dependents, whether
then due and accrued or payable in future installments, as a judgment
against the employer or other party liable under such agreement or
award. Such judgment shall be a lien against property of the em
ployer or other party liable under such agreement or award, and execu
tion may issue thereon forthwith.
Wherever, after an accident, any employee or his dependents shall
have entered into a compensation agreement with his employer, or
shall file a claim petition with the board, he may file a certified copy
thereof with prothonotary of the court of common pleas of any county.
The prothonotary shall enter the amount stipulated in any such agree
ment or claimed in any such petition as judgment against the em
ployer. If the agreement be approved by the board, or compensa
tion awarded as claimed in the petition, the amount of compensation
stipulated in the agreement or claimed in the petition shall be a lien,
as of the date when the agreement or petition was filed with the pro
thonotary. Pending the approval of the agreement or the award of
compensation, no other lien which may be attached to the employer’s
property during such time shall gain priority over the lien of such
agreement or award; but no execution shall issue on any compensation
judgment before the approval of the agreement or the award of
compensation on the said petition.
Striking
oft If the agreement be disapproved, or, after hearing, compensation
judgment.
shall be disallowed, the employer may file, with the prothonotary
of any county in which the petition or agreement is on record as a
judgment, a certified copy of the disapproval of the agreement or
disallowance of compensation, and it shall be the duty of such pro
thonotary to strike off the judgment.
If the amount of compensation claimed be disallowed, but another
amount awarded, the compensation judgment shail be a lien to the
extent of the award, as of the date of filing the petitions with the pro
thonotary, with the same effect as to other liens and the same disability
to issue execution thereon as if the compensation claimed had been

TEXT OF LAWS— PENNSYLVANIA.

843

allowed. In such cases the prothonotary shall make such modification
of the record as shall be appropriate.
If the compensation payable under any agreement or award upon Modification,
which judgment has been entered under the provisions of this section
shall be modified, suspended, reinstated, or terminated b y a supple
mental agreement executed under the provisions of section four hun
dred and eight, or by an award or order made under the provisions of
section four hundred and thirteen, any party to such judgment, at
any time after such agreement has been approved by the board or
after the expiration of the time allowed for an appeal from the award
or order, may file with the prothonotary of the court of common pleas
of any county in which such judgment is on record a certified copy
of such supplemental agreement, award, or order and it shall there
upon be the duty of the prothonotary to modify, suspend, reinstate,
or satisfy such judgment in accordance with the terms of such supple
mental agreement, award, or order.
Execution may issue by first filing with the prothonotary an affi- Execution,
davit that there has been a default in payments of compensation due
on any judgment for compensation, entered prior to the approval of
the compensation agreement, or an award on petition, as soon as such
agreement shall have been approved or such award made as evidenced
by the approval of the board of the award or by a certified copy
thereof.
Execution shall in all cases be for the amount of compensation and
interest thereon due and payable up to the date of the issuance of
said execution, with costs, and further execution may issue from
time to time as further compensation shall become due and payable
until full amount of the judgment with costs shall have actually been
paid.
S ec . 429. If any party against whom a compensation agreement, Payments to be
award, or other order fixing the compensation payable under this credited*
act has been filed of record in any county of this Commonwealth in
accordance with the provisions of section four hundred and twentyeight of this article, or against whom judgment has been entered by
the court of common pleas of any county on any award or order of the
board or a referee, shall, at any time, present to the board receipts or
copies thereof, certified by any referee, showing the payment of
compensation as required by the agreement or award in full to the
date of presentation to the referee, the board shall issue a certificate
to such party, in the form prescribed, stating the extent to which the
judgment on the agreement or award has been reduced. Upon the
presentation of such certificate to the prothonotary of the court of com
mon pleas of any county in which such agreement or award has been
filed of record as a judgment, or in which judgment on an award has been
entered by the court of common pleas, it shall be the prothonotary’s
duty to mark such judgment satisfied to the extent of the payments
so certified, and, upon the presentation to such prothonotary of a
certificate issued by the board under the provisions of section three
hundred and seventeen of this act, it shall be the duty of the prothono
tary to mark such judgment fully satisfied.
S e c . 430. The lien of any judgment entered upon any award shall Lien not dinot be divested by any appeal. If, however, the party appealing from vestedby appeal,
the award shall file with the board a bond, in such amount and in such
form as the rules and^ regulations of the board shall direct, the appeal
shall, pending its decision, excuse the payment of so much of the com
pensation as is contested therein; but if the final decision on appeal
shall sustain the award, it shall be the duty of the employer by whom
such award is payable to make payments of compensation as from the
date of the original award. If on appeal the award is sustained as to a
part, it shall be the duty of the employer by whom such part is payable
to make payments as from the date of the original award. In case the
award is annulled on appeal, it shall be the duty of the prothonotary of
any county in which such award has been entered as a judgment to
mark it satisfied.
S e c . 431; The cost of the prothonotary for entering the amount of
Costa,
compensation as provided in this act, or making a modification of the
record, or marking the judgment satisfied, shall be allowed, taxed, and
collected as upon a confession of judgment on a judgment note.

844

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 f t h e

Monthly
ports*

u n it e d st a te s.

re-

Sec. 432. It shall be the duty of the prothonotary of each court of
common pleas, and of the supreme and superior court of the Common
wealth, to make a monthly report to the board of the disposition of all
appeals taken to such court under the provisions of this article.
Proof of docu- S e c . 433. A document on file in the bureau or with the board or any
ments.
referee, or part of the record of any proceedings taken under Articles
III and IV of this act, shall be proved b> a copy thereof, certified by
the chairman of the board and attested by the secretary under the seal
of the board.
Final receipt.
S e c . 434. A final receipt, given by an employee or dependent enti
tled to compensation under a compensation agreement or award, recit
ing that the disability or dependency has terminated, shall be prima
facie evidence of the termination of the employer’s liability to pay com
pensation under such agreement or award: Provided, however, That the
board, or a referee designated by the board, may, at any time, set aside
a final receipt, upon petition filed with the board, if it be proved that
such receipt was procured by fraud, coercion, or other improper con
duct of a party or is founded upon mistake of law or of fact.
A rticle V.—General provisions.
Fees for legal S ection 501. No claim or agreement for legal services or disburseservice.
ments in support of any demand made or suit brought under the pro

visions of article two of this act shall be an enforceable lien against the
amount to be paid as damages, or be valid or binding in any other
respect, unless the same be approved in writing by the judge presiding
/
at the trial, or ,in case of settlement without trial, by a judge of the com
mon pleas court of the county in which the accident occurred.
No claim or agreement for legal services or disbursements in support
of any claim for compensation, or in preparing any agreement for com
pensation, under article three of this act shall be an enforceable lien
against the amount to be paid as compensation, or be valid or binding in
any other respect, unless the same be approved by the board. Any
such claim or agreement shall be filed with the bureau, which shall, as
soon as may be, notify the person by whom the same was filed of the
board’s approval or disapproval thereof, as the case may be.
After the approval as herein required, if the employer be notified in
writing of such claim or agreement for legal services and disbursements,
the same shall be a lien against any amount thereafter to be paid as
damages or compensation : Provided, however, That where the employees’
compensation is payable by the employer in periodical installments the
board shall fix, at the time of approval, the proportion of each install
ment to be paid on account of legal services and disbursements.
Statute severS ec. 502. If any provision of this act shall be held by any court to be
able.
unconstitutional, such judgment shall not affect any other section or
Exception.
provision of this act, except that articles two and three are hereby
declared to be inseparable and as one legislative thought; and if either
article be declared by such court void or inoperative in an essential part,
so that the whole of such article must fall, the other article shall fall with
it and not stand alone.
Sec. 503. Nothing in this act shall affect or impair any right of action
Prior causes.
which shall have accrued before this act shall take effect..
Repealer.
Sec. 504. All acts and parts of acts inconsistent with the provisions of
this act are hereby repealed.
S e c . 505. This act shall not apply in the case of an accident occurring
Act in effect.
prior to the first day of January next succeeding its passage and approval.
Approved June 2 , 1915.
A ct No. 340.— Workmen’s compensation insurance board—State fund.
S ection 1. The State workmen’s insurance board is hereinafter
called the board; the State workmen’s insurance fund is hereinafter
called the fund; and the bureau of workmen’s compensation of the
department of labor and industry is hereinafter called the bureau.
created.
SeC. 2. The State workmen’s insurance board is hereby^ created,
consisting of the commissioner of labor and industry, the insurance
commissioner, and the State treasurer.

Use of terms.

Board

TEXT OF LAWS— PENNSYLVANIA.

845

S e c . 3. Certain sums to be paid by employers, as hereinafter pro- State fund,
vided, are hereby constituted a fund, to be known as the State work
men’s insurance fund, for the purpose of insuring such employers
against liability under article three of the workmen’s compensation
act of 1915, and of assuring the payment of the compensation therein
provided. Such fund shall be administered by the board, without
liability on the part of the State, except as hereinafter provided, be
yond the amount thereof, and shall be applied to the payment of such
compensation.
S e c . 4. The State treasurer shall be the custodian of the fund, and Custodian,
all disbursements therefrom shall be paid by him, upon vouchers
authorized by the board and signed by any two members thereof,
except as hereinafter provided in sections twenty-two and twentythree. He may deposit any portion thereof not needed for immediate
use as other State funds are lawfully deposited, and the interest thereon
shall be collected by him and placed to the credit of the fund.
S e c . 5. On or before the first day of October in each year the said Schedule of pre
board shall prepare and publish a schedule of premiums or rates of mmms*
insurance for employers who shall have accepted article three of the
workmen’s compensation act of 1915, which schedule shall be printed
and distributed free of charge to such employers as shall make appli
cation therefor; and any such employer may, at his option, as herein
after provided, pay to the fund the amount of the premium appropri
ated to his business or domestic affairs, and upon payment thereof
shall thereafter be considered a subscriber to the fund, and shall be
insured as hereinafter provided for the calendar year for which such
premium is paid; and such insurance shall cover all payments becom
ing due in any year because of accidents occurring during the year for
which said premium is paid.
S e c . 6 . The said board shall determine the amount of premiums Rates,
which the subscribers to the fund shall pay, and shall fix the premi
ums for insurance in accordance with the nature of their business and
of the various employments of their employees, and the probable risk
of injury to their employees therein; and they shall fix the premiums
at such an amount as shall be adequate to enable them to pay all sums
which may become due and payable to the employees of such sub
scribers under the,provisions of article three of the workmen’s com
pensation act of 1915; and to create and maintain the surplus pro
vided in section nine of this act, and to provide an adequate reserve
sufficient to carry all policies and claims to maturity. In fixing the
premiums payable by any subscriber the board may take into account
the condition of the plant, workroom, shop, farm, mine, quarry, opera
tion, and all other property or premises of such subscriber in respect to
the safety of those employed therein, as shown by the report of any
inspector appointed by the board or by the department of labor and
industry; and they may from time to time change the amount of pre
miums payable by any of the subscribers, as circumstances may require
and the condition of the plant, workroom, shop, farm, mine, quarry,
operation, or other property or premises of such subscribers in respect
to the safety of their employees may justify; and they may increase
the premiums of any subscriber neglecting to provide safety devices
required by law or disobeying the rules or regulations made by the
board in accordance with the provisions of section 15 of this act. The
insurance of any subscriber shall not be effective until he shall have
paid in full the premiums so fixed and determined.
S e c . 7 . The board shall file with the workmen’s compensation List of sub
bureau of the department of labor and industry a notice setting forth scn ers*
the names and places of business of those employers who from time to
time shall become subscribers to the said fund.
S e c . 8 (as amended by act No. 395, acts of 1917). The expenses Expenses,
of the organization and administration of the fund shall, until the first
day of July, one thousand nine hundred and nineteen, be paid out of
the money appropriated by section twenty-eight of this act, and
out of such money, paid in premiums by subscribers, as is made
available for the expenses of the administration of the fund by sec
tion eleven of this act.
The expenses of the administration of the fund shall, after the first
day of July, one thousand nine hundred and nineteen, be paid out of

846

w o r k m e n ’s COMPENSATION l a w s OF THE UNITED STATES.

such money, paid in premiums by subscribers, as is made available for
the expenses of the administration of the fund by section eleven of
this act.
Surplus fund.
S e c . 9 . The board shall set aside five per cent of all premiums
collected for the creation of a surplus until such surplus shall amount
to one hundred thousand dollars; and thereafter they may set apart
such percentage, not exceeding five per centum, as in their discretion
they may determine to be necessary to majntain such surplus suffi
ciently large to cover the catastrophe hazard of all the subscribers to
the fund, and to guarantee the solvency of the fund.
Classes.
S e c . 10. The said board shall divide the subscribers into groups, in
accordance with the nature of the business of such subscribers and the
probable risk of injury therein, and they shall fix all premiums for each
group in accordance with the experience thereof. Where the em
ployees in any business are engaged in various employments in which
the risk of injury is substantially different, the board may subdivide
the employments into classes and shall fix the premium for each in ac
cordance with the probable risk of injury therein.
Use of preS e c . 11 (as amended by act No. 395, acts of 1917). The money paid
miums.
in premiums by subscribers is hereby made available for the expenses
of administering the fund. The board shall keep an accurate account
of the money paid in premiums by the subscribers, and the disburse
ments on account of injuries to the employees thereof, and on account
Distribution of of administering the fund; and if, at the expiration of any year, there
balances.
shall be a balance remaining, after deducting such disbursements, the
unearned premiums on undetermined risks, and the percentage of
premiums paid or payable to create or maintain the surplus provided
in section nine of this act, and after setting aside an adequate reserve,
so much of the balance as the board may determine to be safely distrib
utable shall be distributed among the subscribers, in proportion to the
premiums paid by them; and the proportionate share of such sub
scribers as shall remain subscribers to the fund shall be credited to the
installment of premiums next due by them, and the proportionate
share of such subscribers as shall have ceased to be subscribers in the
fund shall be refunded to them, out of the fund, in the manner here
inafter provided.
Investments.
Sec. 12 . The said board may invest any of the surplus or reserve
belonging to the fund in such securities and investments as are author
ized for investment by savings banks. All such securities or evidence
of indebtedness shall be placed in the hands of the State treasurer, who
shall be the custodian thereof. He shall collect the principal and in
terest thereof when due, and pay the same into the fund. The State
treasurer shall pay all vouchers drawn on the fund for the making of
such investments, when signed by two members of the board, upon
delivery of such securities or evidences of indebtedness to him, when
there is attached to such vouchers a certified copy of the resolution of
the board authorizing the investment. The said board may, upon like
resolution, sell any of such securities.
Contracts for
S e c . 13. The said board shall have the power to make all contracts
medical services, necessary for supplying medical, hospital, and surgical services, as
provided in section three hundred and six, subsection (e), article three,
of the workmen’s compensation act of 1915.
Reinsurance.
S e c . 14. The said board shall have the pow er to reinsure any risk
which they may deem necessary.
Inspections.
S e c . 15. The said board shall be entitled to inspect the plant, work
room, shop, farm, mine, quarry, operation, and all other property or
premises of any subscriber, and shall be entitled to examine from time
to time the books, records, and pay rolls of any subscriber or intending
subscriber for the purpose of determining the amount of the premium
payable to such subscriber or intending subscriber; and they shall have
the power to appoint such inspectors and auditors as may be necessary
to carry out the powers given in this section; or they may, with the
consent of the department of labor and industry and commissioner of
insurance, cause such inspection and examination to be made by the
inspectors of the said department of labor and industry and the auditors
of the State insurance department, and such inspectors and auditors

TEXT OF LAWS— PENNSYLVANIA.

847

shall have free access to all such premises, books, records, and pay rolls
during the regular working and office hours.
The board shall make reasonable rules and regulations for the pre- Rulesforsafety,
vention of injuries upon the premises of the subscribers, and they may
refuse to insure, or may terminate the insurance of, any subscriber who
refuses to permit such examinations or disregards such rules or regu
lations, and may forfeit one-half of the unearned premiums previously
paid by him.
Sec. 16. Any employer who shall have accepted the provisions of A pplications
article three of the workmen’s compensation act of 1915, and who shall for insurancedesire to become a subscriber to the said fund, for the purpose of in
suring therein his liability to those of his employees, or any class thereof,
who have accepted the said provisions, shall make a written application
for such insurance to the said board, in which application the applicant
shall state, under oath or affirmation: (a) The nature of the business
or domestic affairs in which insurance is desired; (b) the average
number of employees expected to be employed in such business during
the year for which insurance is sought, and the average number of em
ployees, if any, engaged in such business during the previous calender
year; (c) The approximate money wages expected to be paid during
the year for which insurance is sought, and the money wages paid to
such employees during the preceding year; (d) the place where such
business is to be transacted; (e) the place where the employer’s pay
roll and books of accounts are kept, and where the employees are cus
tomarily paid, and such other facts and information as the board shall
require; and, when the employments are subdivided into classes, as
provided in section ten of this act, the applicant shall further state,
(f) the number of employees of each class expected to be employed or
previously employed, as aforesaid; (g) the approximate money wages
expected to be paid or previously paid, as aforesaid, to employees of
each class for which insurance is sought. Thereupon the board shall
make such investigations as they may deem necessary, and within
thirty days after such application shall issue a certificate showing the
classification or group in which such applicant is entitled to be placed,
and the amount of premium payable by such applicant for the calender
year or the remainder of the calender year for which insurance is sought.
No insurance shall be issued for a longer period than a single calender
year.
S e c . 17. All premiums shall be payable to the State treasurer, who
P a y m e n t of
shall issue an appropriate receipt therefor; and such receipt, together Premiumswith the certificate of the board specified in section sixteen hereof,
shall be the evidence that the applicant has become a subscriber to the
fund and is insured therein.
S e c . 18. Each subscriber to said fund shall, within one month after
Statements by
his subscription has terminated, furnish a Written statement under oath
s*
or affirmation to the said board setting forth the maximum average and
minimum number of employees insured in the fund that such subscriber
had employed during the preceding year and the actual amount of the
money pay roll of such employees for such year; and setting forth, when
the board has subdivided the employments in any group into classes,
as provided in section ten of this act, the number and actual amounts
of the money pay roll of such employees of each of such classes; and
thereupon within thirty days the said board shall state the account of
such subscriber for such calender year, based on the facts thus proven,
and shall render a copy of such statement to the subscriber; and if the
amount of the premium theretofore paid by such subscriber shall ex
ceed the amount due according to such stated account then the excess
shall be forthwith refunded to the subscriber by payment out of the
fund in the manner hereinafter provided; and if the amount shown by
said statement exceed the amount of the premium theretofore paid by
such subscriber the excess shall be forthwith due and payable by the
subscriber into the fund, and until paid shall be a lien, as State taxes
are a lien, upon the real and personal property of the subscriber; and, if
unpaid, shall be collectible as State taxes are now collectible, with
interest at the rate of twelve per centum per annum, commencing
thirty days after service of the copy of said account, which service shall
be by registered mail.

848

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COMPENSATION

l a w s of t h e

u n it e d st a t e s.

F a l s e state- gEC. 19 . Any person who shall falsely make oath or affirmation to any
m0
certificate, application, or statement herein required shall be guilty of

a misdemeanor; and any subscriber who shall, after notice from the
said board, neglect or refuse to file the statement mentioned in section
eighteen hereof, within ten days after such notice, shall be liable to pay
to the fund a penalty of ten dollars for each day that such neglect or
refusal shall continue, to be recovered at the suit o f the fund,
dis- s EC. 20 . Any subscriber to the fund who shall, within seven days
charged, how.
after knowledge or notice of an accident to an employee in the course
of his employment, as required by section three hundred and eleven of
article three of the workmen’s compensation act of 1915, have filed
with the board a true statement of such knowledge, or a true copy of
said notice, shall be discharged from all liability for the payment of
compensation for the personal injury or death of such employee by such
accident; and all such compensation due therefor, under article three
of the workmen’s compensation act of 1915, shall be paid out of the
fund: Provided, however, That the report of such accident required by
the act entitled “ An act requiring employers to make reports to the
department of labor and industry of accidents to employees and pre
scribing a penalty for noncompliance therewith,” approved the nine
teenth day of July, one thousand nine hundred and thirteen, shall be
sufficient compliance with this section, if such report be made within
said period of seven days and shall state that the employer making the
Dutyastomed- same is a subscriber to the fund: Provided, That nothing in this section
icaJ,etc., services,
discharge any employer from the duty of supplying the medical
and surgical services, medicine, and supplies required by section three
hundred and six of the workmen’s compensation act of 1915: And pro
vided further, That any subscriber who has supplied such services,
medicines, and supplies shall be reimbursed therefor from the fund.
D e f e n s e s by
S e c . 21 . In every cage where a claim is made against the fund, the
fund shall be entitled to every defense against such claim that would
have been open to the employer, and shall be subrogated to every right
of the employer arising out of such accident against the employee, the
dependents, and against third persons. The fund may, in the name
of the State workmen’s insurance fund, sue in any county of this Com
monwealth, or be sued, in the court of common pleas of Dauphin County
to enforce any right given against or to any subscribed or other person
under this act or the workmen’s compensation act of 1915; and the pro
ceedings provided in article four of the workmen’s compensation act of
1915 may be instituted by or against the fund, in the said name, to
enforce, before the board of workmen’s compensation or any referee
thereof, the rights given to or against the said fund by the workmen’s
compensation act of 1915.
Investigation of
S e c . 2 2 . Upon receipt of a notice or statement of knowledge of an
acci ents.
accident to an employee of a subscriber occurring in the course of his
employment the said board shall, if it deem necessary, cause an investi
gation to be made by an inspector appointed by it or an inspector of the
department of labor and industry. •
Execution
of
S e c . 23. The board is hereby empowered to execute the agreements
agreements.
provided in the workmen’s compensation act of 1915 and to appoint
such agents and njake such rules as they may deem necessary for this
purpose. When any such agreement has been approved by the bureau
the same shall be properly filed and docketed, and the board shall from
time to time, until such agreement shall be modified or terminated, as
provided in the workmen’s compensation act of 1915, issue such war
rant or warrants as may be necessary to pay the sums therein agreed
upon. Such warrant or warrants shall be signed by a member of the
said board or an agent appointed by the said board for this purpose
and shall be mailed to the person or persons entitled thereto under
such agreement. When any award is made by the board of workmen’s
compensation or by a referee designated by the bureau in any proceed
ings brought by an employee of a subscriber or the dependents of such
employee against the said fund such award shall be filed and docketed;
and the State workmen’s insurance board shall from time to time, until
such award is modified, reversed, or terminated, issue suqh warrant or
warrants as may be necessary to pay the sums therein lawfully awarded
against the said fund. Such warrant or warrants shall be signed by a
member of the State workmen’s insurance board or by an agent appointed

T E X T

O F

L A W S —

P E N N S Y L V A N IA .

849

by the board for that purpose and shall be mailed to the person or per
sons entitled thereto under such award.
S e c . 24. All payments to employees, dependents of deceased emPayments,
ployees, physicians, attorneys, investigators, and others entitled to be
paid out of the fund shall be made by the State treasurer on a warrant of
of the board as aforesaid. But where periodical installments are re
quired to be paid, under article three of said workmen’s compensation
act of 1915, a single warrant shall be sufficient to authorize such peri
odical payments, but upon the modification of any agreement or award,
in accordance with the provisions of article four, section four hundred
and twenty-six of the workmen’s compensation act of 1915, or upon
review by the court, the bo!ard shall issue a further warrant in accord
ance with such subsequent agreement or such modification, and such
warrant when issued shall supersede and cancel the previous warrant.
S e c . 25. Information acquired by the fund, its officers and employtion
ees, from employers, employees, or insurance corporations or associa- confidential.
rrvn
tions shall not be open to public inspection.
S e c . 26 (as amended by act No. 395, acts of 1917). The board may, Officers.
with the approval of the governor, appoint a manager, at a salary not to
exceed seven thousand five hundred dollars; an assistant manager, at a
salary not to exceed six thousand dollars; an actuary, at a salary not to
exceed four thousand five hundred dollars; and may, with the approval
of the governor, appoint at salaries fixed by the board, with the approval
of the governor, such underwriters, bookkeepers, comptrollers, auditors,
inspectors, examiners, medical advisers, agents, assistants, and clerks
as may be necessary for the proper administration of the fund and the
performance of the duties imposed upon the board by the provisions of
this act. The commissioner of labor and industry shall include in his
annual report a full and complete statement of the administration of the
said fund.
S ec. 27. T h e a tto rn e y gen eral shall e x officio b e th e general cou n sel
of th e b oard.
H e sh all a p p o in t, a t an a n n u al salary or salaries to b e
fixed b y h im , n o t to e x c e e d in th e aggregate th e sum of te n th o u sa n d
dollars, an a tto rn ey or a tto rn e y s w h o sh all ac t as counsel for th e board .

Attorneys,

S ec. 28. The sum of three hundred thousand dollars, or so much
thereof as may be necessary, is hereby appropriated for the expenses of
the organization and administration of the said fund.

Appropriation,

S e c . 29. This act shall take effect on July first, one thousand nine
hundred and fifteen.
Approved June 2 , 1915.

Act in effect,

341.— Workmen’s compensation insurance—Provisions of
policies.
S e c t io n 1. No policy of insurance against liability arising under D i r e c t payarticle three of the workmen’s compensation act of 1915 shall be made mentsunless the same shall contain the agreement of the insurer that, in the
event of the failure of the insured promptly to pay any installment of
compensation insured against, the insurer will forthwith make such
payments to the injured employee or the dependents of the deceased
employee, and that the obligations shall not be affected by any default
of the insured, after the accident, in the payment of premiums, or in
the giving of any notices required by such policy or otherwise. Such
agreement shall be construed to be a direct promise to such injured
employee and to such dependents, enforceable by action brought in
the name of such injured employee or in the name of such dependents.
S e c . 2 . No suit shall be maintained for the collection of premiums
Suits for preupon any such policy of insurance unless said covenant is contained in miumssaid policy.
A ct

S e c . 3 (as am e n d e d b y act N o . 306, acts of 1919). N o p o lic y of in surLimitation
an ce against lia b ility arising u n d er th e w o rk m e n ’s com pen sation act of liah i w *
one th o u sa n d n in e h u n d re d a n d fifte e n or acts a m en d ato ry thereof shall
contain a n y lim ita tio n of th e lia b ility of th e insurer to an am o u n t less
than th a t p a y a b le b y th e in sured on a ccou n t of th e risk insured against
under th e said a c t; nor shall a n y su ch p o lic y contain a n y lim ita tio n of th e
total lia b ility of th e insurer b e ca u se of in juries to tw o or m ore persons in
a sin gle a c c id e n t.
N o su ch p o lic y shall b e issued e x c e p t up o n a form ap
pro ved b y th e in suran ce com m issioner as c o m p ly in g w ith all th e term s

177982°—21—Bull. 272------ 54

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and provisions of this act. No action shall be maintained for the collec
tion of premiums on any policy violating this act. But a policy may be
issued to a self-insurer, qualified under section 305 of article 3 of the
workmen’s compensation act of one thousand nine hundred and fifteen
providing for the payment to such self-insurer of fixed amounts in
excess of any stated loss falling upon such self-insurer under the
terms of the workmen’s compensation act and by reason of any single
accident.
Ratings,etc.,to
S e c . 4 (as amended by act No. 455, acts of 1919). The State workbe filed
men’s insurance fund, and every insurance association and corpora
tion which insures employers against liability for compensation under
the workmen’s compensation act of one thousand nine hundred and
fifteen, shall file with the commissioner of insurance its classification
of risks and premiums, together with basis rate and schedule or merit
ratings, if a system of schedule or merit rating be in use; none of which
shall take effect until the commissioner of insurance shall have ap
proved the same as adequate for the risks to which they respectively
apply. The commissioner of insurance may withdraw his approval
of any premium rate or schedule made by the State workmen’s in
surance fund, or any insurance corporation or association, if, in his
judgment, such premium rate or schedule is inadequate to provide
the necessary reserves. Such premium rates or system of schedule or
merit rating shall take no account of any physical impairment of em
ployees or the extent to which employees have persons dependent
upon them for support.
Rates to be ap'On and after July first, one thousand nine hundred and nineteen,
proved.
neither the State workmen’s insurance fund nor any insurance as
sociation or corporation shall issue, renew, or carry any insurance
against liability under the workmen’s compensation act of one thou
sand nine hundred and fifteen, at premium rates which are less than
those approved by the commissioner of insurance for such carrier as
adequate for the risks to which they respectively apply: Provided,
however, That if the commissioner of insurance shall have previously
approved a system of schedule or merit rating, filed with him by the
State workmen’s insurance fund or any insurance association or cor
poration, the same may be applied to risks subject thereto only by a
rating bureau approved by the commissioner of insurance as adequately
equipped for the uniform and impartial application thereof; but any
reduction or increase from the basis rate filed with and approved by
the commissioner of insurance, on account of the application of such
system of schedule or merit rating, shall be clearly set forth in the insur
ance contracts or the indorsements attached thereto. An attested copy
of every policy of insurance against liability under the workmen’s
compensation act, and an attested copy of every indorsement upon any
such policy, shall be filed with the rating bureau aforesaid.
The statistical and actuarial data compiled by the State workmen’s
insurance fund shall at all times be available to the State insurance
commissioner for his use in judging the adequacy or inadequacy of
rates and schedules filed, and it shallbe the duty of the manager of the
State workmen’s insurance fund to render all possible assistance to the
State insurance department in carrying out the provisions of this act.
Statement
of The commissioner of insurance may require every insurance associa
te s.
tiou or corporation, which insures employers or employees under the
workmen’s compensation act of one thousand nine hundred and fifteen,
to file with its annual statement a sworn report of its loss experience,
in such detail and form as may be prescribed by the commissioner of
insurance.
Revocation of
The commissioner of insurance shall have the power to suspend or
licenses.
revoke the license of any insurance association or corporation which
violates any of the provisions of this act.
Approved the 22d day of July, A. D., 1919.
o . 343.— Workmen's compensation—Exemptions.
Nothing contained in any article or any section of an act
entitled the workmen’s compensation act of 1915 shall apply to or in
any way affect any person who, at the time of injury, is engaged in
domestic service or agriculture.

Domestic
farm labor.

and

S e c t io n 1 .

Approved June 3, 1915.

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851

ACTS OF 1917.
No. 359.— Contractors fo r public works— Acceptance o f provisions o f com
pensation law.
S e c t i o n 1. All contracts executed by the Commonwealth o f PennAppiicatiou ot
syl vania, or any officer or bureau or department thereof, on behalf kw.
of the said Commonwealth, or by any municipality, or any officer
or bureau or board thereof, or by any municipal division or subdivi
sion of the Commonwealth, which contracts shall involve the con
struction or doing of any work involving the employment of labor,
shall contain a provision that the contractor shall accept, in so far as
the work covered by any such contract is concerned, the provisions of Provision- for
the workingmen’s compensation act of 1915, and any supplements or comPe31^ >a
amendments thereto which may hereafter be passed, and that the said
contractor will insure his liability thereunder, or file with the Common
wealth. or the municipal corporation or board with whom the contract
is made, a certificate of exemption from insurance from the bureau of
workingmen’s compensation of the department of labor and industry.
S e c . 2 . Every officer of the Commonwealth of Pennsylvania, or any
Duty of officer,
bureau or department thereof, or of any municipality, or any bureau etcor department thereof, or any municipal division or subdivision of this
Commonwealth, who shall sign, on behalf of the said Commonwealth
or any municipality thereof, or any municipal division or subdivision
thereof, any contract requiring in its performance the employment oi
labor, shall require, before the said contract shall be signed, proof that
the said contractor with whom the contract is made shall have accepted
the workingmen’s compensation act of 1915, and any supplements or
amendments thereto which may be hereafter passed, and proof that the
said contractor has insured his liability thereunder in accordance with
the terms of the said act, or that the said contractor has had issued to
him a certificate of exemption from insurance from the bureau oi
workmen’s compensation of the department of labor and industry.
Sec. 3. Any contract executed in violation of the provisions of this Contrite voil.
act shall be null and void.
Approved July 18, 1917.

ACTS OF 1919.
310.— Transfer o f action to the zuorkmen's compensation board.
S e c t io n 1 . Whenever heretofore in case of any accident suit has
S u i t s wrongbeen wrongfully brought in the court of common pleas in any of the fully brought
counties of this Commonwealth, and proceedings should have been com
menced before the workmen’s compensation board, it shall be lawful
and upon request of either of the parties to the suit the prothonotary of
said court shall certify the same, including all the proceedings had be
fore said court, to the said workmen’s compensation board; the said
board to proceed and hear the case in the same manner as if it had been
originally commenced before the workmen’s compensation board.
Sec. 2. That no case heretofore brought before any court shall be Liinitafcio®.
certified as set forth in section one of this act unless the said proceeding
had been commenced in the said court within one year from the date
of the accident which caused the injury or death for which the action
was brought.
Approved July 8 , 1919.
A c t No.

Act No. 441.— Bureau o f workmen's compensation— Board.
The bureau of workAien’s compensation of the depart- Designationment of labor and industry is hereafter called bureau.
The workmen’s compensation board is hereinafter called the board.
The commissioner of labor and industry is hereinafter called the
commissioner.
The workmen’s compensation referee is hereinafter called the referee.
Sec. 2 . The bureau of workmen’s compensation of the department Bureau tmof labor and industry is hereby created.
atedSec. 3. A board is hereby created, to be known as the workmen’s Boari.
compensation board.
The board shall consist of three members, who shall be appointed by
the governor, by and with the advice and consent of the senate, for
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terms of three, four, and five years, respectively, from the first day of
June, one thousand nine hundred and nineteen, and shall serve until
their respective successors shall be duly appointed and qualified.
Their successors shall each be appointed for a term of five years. The
commissioner shall be an ex officio member of the board, but shall not
vote on orders, decisions, or awards.
Vacancies
Sec. 4. Whenever a vacancy on the board shall occur by death,
resignation, removal, or otherwise, the governor shall appoint a mem
ber of the board to fill such vacancy.
Offices.
Sec. 5. The board of public grounds and buildings shall furnish
suitable accommodations for the use of the bureau and board, and
shall also provide suitable places in the various districts in which the
the board and referees may perform the duties imposed on them.
Chairman.
Sec. 6 . The governor shall designate one of the members of the
board as chairman of the board to serve as such during his term of ap
pointment. It shall be the duty of the chairman to preside at the
Quorum.
meetings of the board. Two members shall be a quorum, and no action
of the board shall be valid unless it shall have the concurrence of at
least two members. A vacancy on the board shall not impair the right of a
quorum to exercise all the right and perform all the duties of the board.
The commissioner shall appoint a clerk and a stenographer to the
chairman, and a stenographer for each other member of the board.
Counsel.
Sec. 7. The attorney general shall ex officio be the general counsel
of the bureau. The commissioner shall appoint, with the approval of
the attorney general, an attorney or attorneys, learned in the law, as
legal advisors for the bureau and to represent impecunious claimants
and to perform such other legal duties as the board may direct.
Districts.
Sec. 8 . It shall be the duty of the board, immediately upon its
organization, to divide the Commonwealth into districts. Each dis
trict shall, as near as may be practicable, be of compact and of con
tiguous territory.
Referees.
Sec. 9. Assoon as such districts shall have been created, the com
missioner, with the approval of the governor, shall appoint as many
referees as shall be necessary to fulfill the purposes of this act, not to
exceed fourteen in number. The board may assign any referee or
referees to any district. The commissioner, with the approval of the
governor, shall appoint one clerk for each referee. The commissioner
shall also appoint a supervisory referee, who shall be a consultant for
the several referees on matters which do not come before the board.
The supervisory referee shall, from time to time, visit the several
referees and investigate matters pending before them. He shall see
that the public business coming before them is promptly dispatched
according to law. The supervisory referee shall report to the board
the result of his investigations, and make such recommendations for the
good of the service as to him may seem proper. The supervisory referee
shall have the powers of a referee as defined in this act, and the board
may assign him at any time to perform any of the duties of a referee.
The supervisory referee shall perform such other duties as the board may
prescribe.
Physicians.
Sec. 10. The commissioner shall, with the approval of the governor,
appoint not more than three physicians, whose duty it shall be to make
such medical^ examinations as may be necessary, and to perform such
other duties in connection with the work of tlie bureau as the board
shall direct.
Secretaries
Sec. 11. The board shall appoint a secretary and an assistant
secretary to serve at its pleasure, who shall perform such duties as
shall be imposed upon them by the board. The assistant secretary shall
perform the duties of the secretary during his absence, and shall
possess, for the time designated, all the powers of the secretary, and
perform such other duties as the board or secretary may direct,
O f f i c e r s and
Sec. 12 . The commissioner, with the approval of the governor,
employees.
shall appoint an actuary, a director of the bureau of workmen’s com
pensation, an assistant director of the bureau of workmen’s compensa
tion, a chief adjuster, a chief clerk of the division of exemptions and
insurance, a chief clerk of the division of accident reports, a chief
clerk of the division of agreements and receipts, an appeal clerk, and
a sergeant at arms, and such other chief clerks and other officers as
may, from time to time, in the opinion of the commissioner, become
necessary.

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853

Sec. 13. The commissioner, with the approval of the governor, Adjusters, etc.
shall appoint such claim adjusters, stenographers, and other employees,
as may be necessary to conduct the business of the bureau, whose
duties and salaries shall be fixed by the board, with the approval of
the commissioner. The board may also secure the services of expert
stenographers for reporting cases before the board, whenever it deems
it necessary.
S e c . 14. The salary of each member of the board shall b e seven Salaries.
thousand dollars per annum, except that of the chairman, which shall
be seven thousand five hundred dollars per annum.
The salary of each referee shall be $5,000 per annum.
The salary of the supervisory referee shall be $6,000 per annum.
The salaries of the attorneys shall not in the aggregate exceed the
sum of $12,000 per annum.
The salary of each physician shall be $3,000 per annum.
The salary of the secretary shall be $5,000 per annum.
The salary of the assistant secretary shall be $3,000 per annum.
The salary of the actuary shall be five thousand dollars per annum.
The salary of the director of the bureau of workmen’s compensation
shall be $4,500 per annum.
The salary of the assistant director of the bureau of workmen’s com
pensation shall be $4,000 per annum.
The salary of the chief adjuster shall be $3,000 per annum.
The salary of the chief clerk of the exemption and insurance division
shall be $3,000 per annum.
The salary of the chief clerk of the division of accident reports shall
be $2,500 per annum.
The salary of the chief clerk of the division of agreements and
receipts shall be $2,500 per annum.
The salary of the appeal clerk shall be $2,000 per annum.
The salary of the sergeant at arms shall be $1,800 per annum.
The salary of the clerk to the chairman shall be $2,000 per annum.
The salary of the clerk for each referee shall be $1,800 per annum.
The salary of the stenographer for each member of the board shall
be $1,800 per annum.
S e c . 15. Each member of the board, referee, secretary, assistant Expenses.
secretary, counsel, sergeant at arms, and other officers and employees
Bhall be paid, in addition to their respective salaries, the railroad fare,
board, lodging, and other traveling expenses, necessarily and actually
incurred by each of them in the performance of the duties required
by law or performed by the direction of the board. The office of
each referee shall be the place from which the railroad fare shall be
reckoned.
S e c . 16. It shall be the duty of the board to make all proper and Duties.
necessary rules and regulations for the legal and judicial procedure of
the bureau, and to promptly hear and determine all petitions and
appeals, and to perform such other duties as shall be required.
Publications.
S e c . 17. The commissioner may authorize the bureau to publish
and distribute such blank forms, bulletins, and bound volumes of the
board and court decisions, as in the opinion of the board will be
useful in the administration of any workmen’s compensation law now
in force or which may hereafter be enacted.
S e c . 18. It shall be the duty of each referee to hear such claims for Duty of ref
compensation as shall be assigned to him by the board, and to perform erees.
such duties as shall be required of him by the board or be imposed by law.
S e c . 19. The board and every referee shall have the power to
conduct any investigation which may be deemed necessary to ascer Investigations.
tain the facts of any claim or any other matter properly before such
board or referee. Such investigations may be made by the board or
referee personally, or by any officer or employee of the bureau, or by
any inspector of the department of labor and industry, or by any
person or persons authorized by law. Every inspector of the said
department of labor and industry is hereby empowered and directed
to conduct any investigation authorized by this act, at the request of
the board or any referee, with the consent of the commissioner.
Power as to
S e c . 20. Each member of the board and referee shall have the
powsr to issue subpoenas, administer oaths, and summon witnesses, oaths.
of his own motion or at the request of either party interested in any
matter before the board or such referee, and to require the attendance

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of witnesses and the production of books, documents, and papers
pertinent to any hearing, and to examine them and such public rec
ords as he may require in relation to any matter which he has power to
investigate.
Subpoenas.
S e c . 2 1. All subpoenas issued by a member of the board or a ref
eree shall be signed by him or by the secretary or assistant secretary,
and may be served by any adult in any part of the Commonwealth.
Contempt.
S e c . 2 2 . Any witness who refuses to obey a subpoena of a member
of the board or referee, or who refuses to be sworn to testify, or who
fails to produce any papers, books, or documents touching any matter
under investigation, or who is guilty of any contempt after summons
to appear, may be punished as for contempt of court; and for this
purpose an application may be made to any court of common pleas
within whose territorial jurisdiction the offense was committed, and
for which purpose such court is hereby given jurisdiction,
No
fees
for
s Ec. 2 3 . The secretary, assistant secretary, referee, director, or
oaths, etc.
assistant director of workmen’s compensation, and clerks to the ref
erees are hereby directed to administer, without charge, any oaths
required by any workmen’s compensation act now in force or which
may hereafter be enacted, and to take, without charge, affidavits of
any party to any paper, document, or petition, which is by such act
required to be attested.
Documents.
The bureau, upon request of any party to a compensation agree
ment or to any proceedings taken before the board or a referee, shall,
without charge, issue to such party or parties a eertified copy of any
compensation agreement approved by the board, or any award or
disallowance of compensation, or of any action taken by the board
upon such agreement or award or disallowance of compensation, or of
the receipts of payments of compensation filed with the bureau; and
the bureau may, without charge, issue a certified copy of any other
paper contained in the record of such proceedings to any party or
parties thereto, if the board shall so direct.
Copies.
The board may issue to any other person, upon the order of the
board, a certified copy of any compensation agreement, or of the rec
ord of any proceedings taken before the board or referee, or of any
document contained in such record, upon payment of such fee as
the board may determine to be adequate to provide for the expenses
of making such copy. All certified copies of any document on file
with the bureau or part of the record of any proceedings taken before
the board or referee shall be certified by the chairman of the board
and attested by the secretary.
Witness fees.
S e c . 2 4 . Each witness required to attend before the board or any
referee shall receive for each day’s attendance the sum of one dollar
and fifty cents, and, in addition thereto, three cents for each mile
circular traveled by such witness by the usual route from his home
P h y s i c i a n s ’ to the place where his presence is required. Any physician when
fees.
called as a witness and required to attend before the board or any
referee shall receive for each day’s attendance the sum of five dollars,
and, in addition thereto, the same mileage as provided for in case of
other witnesses.
Costs.
The witness fees and expenses and costs of any hearing may be
imposed by the board upon either party, or may be divided between
the parties in such proportion as the board may direct.
Printing.
S ec . 25. Upon requisition of the commissioner and order of the
superintendent of .public printing and binding, the State printer shall
print and bind the opinions, bulletins, rules, and rulings of the board.
Pending mat- S ec . 26. The bureau, board, referees, and officers created by the
;rsact shall dispose of any business or proceedings pending in or before
any bureau, board, referee, and officers created by any act hereby
repealed, and for such purpose shall exercise the powers and perform
the duties of such bureau, board, referees, and officers. All orders,
exemptions, rules, and regulations made by any board or referee
created by an act hereby repealed shall continue in full force and
effect until revoked or changed by the board created by this act.
S e c . 27. [Repeal of act No. 339, acts of 1915, and amendments thereto.]
Act in effect.
S e c . 28. This act shall take effect the first day of June, one thou
sand nine hundred and nineteen.
Approved July 21, 1919.

PHILIPPINE ISLANDS.
A C T S

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C O M M IS S IO N — 1907.

No. 1698. — Compensation for injuries of employees of the Insular
Government, etc.
*

S e c t io n
*

25 (as amended by act No. 2120).
*

•

(d)
When an officer or employee in the civil service, insular or
provincial, or of the city of Manila, permanent or temporary, is wounded
or injured in the performance of duty, the governor general or proper
head of department may direct that absence during the period of dis- Period of pay
ability caused by such wound or injury shall be on full pay for a period
not exceeding six months: Provided, That if the officer or employee
is entitled to the vacation leave provided in section twenty-four of
this act, absence for this reason shall be charged first against such vaca
tion leave: And provided further, That the governor general or proper
head of department may, in his discretion, authorize payment of
medical attendance, necessary transportation, subsistence and hospital
fees for all insular officers, employees, and laborers, and the municipal
board of the city of Manila may also in its discretion, authorize the
payment of such expenses for all officers, employees, and laborers of the
city of Manila, whether permanently or temporarily appointed, and
whatever their rate of compensation [,] pay, or wages, who have been
wounded or injured in the performance of their duty: And provided
further, That the governor general or proper head of department or the Fatal injuries,
municipal board of the city of Manila, as the case may be, may author
ize payment of reasonable burial expenses and of three months’ salary
or wages to the widow or dependent child or children of any officer,
employee, or laborer who is killed or dies from wounds or injuries re
ceived while in line of duty: And provided further, That payments
made under this paragraph shall not be made from the appropriation for
general purposes when the bureau or office concerned has an available
appropriation for contingent expenses or public works, as the case may
be, from which such payments can be made, nor shall the provisions of
of this section be construed to cover sickness as distinguished from
physical wounds: Provided, however, That when such sickness is the
direct and immediate result of the performance of some act in the line
of duty, the governor general or proper head of department may in his
discretion authorize the payment of necessary hospital fees.

PORTO RICO.

ACTS OF 1918.
A ct No. 10.— Compensation o f workmen fo r injuries— Insurance fu n d .
SHORT TITLE.

Title.

S e c t io n 1 . This act shall be known as the workmen's accident
compensation act.
Scope.
S e c . 2 (as amended by act No. 62, acts of 1919). The provisions of
this act shall apply to laborers injured, disabled or killed by accidents
due to their employment and occurring in the course 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 com
mercial establishments where machinery is not used, are excepted:
Provided , however, 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.
Exemption.
This act shall not apply to any employer who regularly employs less
than three laborers, or to any laborer whose wages exceed the sum
of fifteen hundred (1,500) dollars annually: Provided , That pursuant
Public employ* to the provisions of this act, compensation shall be paid to laborers
ees.
injured, disabled, or killed by accidents due to their employment and
occurring in the course thereof on any public works that may be per
formed by administration.
Payments.
The workmen’s relief commission is hereby authorized and directed
to pay such compensation pursuant to the terms of this act, by drawing
from the trust fund belonging to the Government 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 of Porto Rico
out of the fund created by this act.
Advances.
The commissioner of the interior is hereby authorized to make ad
vances on account of their compensation to workingmen injured on pub
lic works, in the same manner as other contributors to the workmen’s
relief trust fund, 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.
Compensation.
Sec. 3 (as amended by act No. 62, acts of 1919). Any laborer who may
be injured within the provisions of this act shall be entitled to—
M e d i c a l aid,
1 . Medical attendance and such medicines and sustenance as may be
etc.
prescribed, including hospital service when necessary.
Temporary dis
2 . If the injury be of a temporary nature, to compensation equal to
ability.
one-half of the wages received by him the day of the 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: Provided , That in" no case shall there be paid more than
seven ($7) nor less than three (3) dollars a week.
Permanent dis
3. If the laborer is partially disabled for permanent work he shall
ability.
receive a compensation of not to exceed twenty-five hundred (2,500)
dollars. Compensation* shall be graded in proportion to the rate of
wages that the laborer earned and the importance of the inj ury sustained.
Any permanent injury which does not constitute permanent total
disability, such as the loss of an eye, a hand, a foot, or any other injury
of a permanent nature which does not wholly disable a laborer for any
work in a remunerative occupation, shall be considered as partial per
manent disability.
4. If the laborer is totally disabled for work he shall receive a com
pensation of two thousand ($2 ,000) dollars as minimum and four thou-

TE X T OF L A W S— PORTO RICO.

sand ($4,000) dollars as maximum. The compensation shall be graded
in proportion to the rate of wages that the laborer earned.
The preceding compensations shall be fixed between the maximum
and minimum in view of the earning capacity of the injured laborer
and his probabilities of life.
The total and permanent loss of sight of both eyes, the loss of both
feet at or above the ankle; the loss of both hands at or above the wrist;
the loss of one hand and one foot, and such injuries as may result in
the permanent disability of the laborer for any work in a remunerative
occupation shall be considered total disability.
5.
If the laborer loses his or her life as a result of the injuries sustained,
death occurring within one year from the time of the accident, as a
consequence of such accident, the parents, the widower or widow, the
legitimate children and grandchildren, and in the proper case the ille
gitimate children, whether natural or not, of the deceased laborer, all
of whom were dependent exclusively on his or her earnings for their
support, shall receive a compensation of three thousand (3,000) to
four thousand (4,000) dollars as a maximum, which shall be graded
according to the earning capacity of the deceased laborer, to the num
ber of persons entitled to compensation, and to their conditions and
necessities; which compensation shall be distributed in equal parts
among the persons entitled thereto. In default of the persons herein
above mentioned, the foster father or mother or the nearest relative
who were also exclusively dependent on the earnings of the decedent,
shall receive a compensation of from two thousand ( 2 ,000) to four
thousand ($4,000) dollars as maximum; and if there be several near
relatives entitled to compensation, the same shall be distributed among
them in equal parts.
In cases coming under paragraphs 3,4, and 5, where a sum of money
is to be paid to the laborer or to his heirs as compensation, pursuant to
this act, the workmen’s relief commission hereinafter created shall
exercise its good offices by reasonable suggestions so that the sum
received shall be invested in a manner advantageous to the welfare of
the laborer and his relatives, in such form as to produce the best pos
sible means of subsistence; and the commission may in such cases as
it may deem advisable, grant a pension on account of the compensation
allowed and for a time certain, to the heirs of the deceased laborer:
Provided, That no allowance for medicine and food shall be made after
the date of the granting of such compensation and sums advanced there
for shall be deducted from the said compensation: Provided, further,
That if the laborer or his heirs, pursuant to this act, are minors or in
capacitated persons, or if. in the judgment of the said commission,
there is a reasonable risk that such cash compensation may be squan
dered, the said commission shall deliver the amount of such compen
sation to the district court of the district where the beneficiary resides,
for custody and investment in accordance with the provisions of the
law regulating the application of amounts derived from the sale of the
property of minors.
S e c . 4 . Accidents occurring under the following circumstances are
not labor accidents, and therefore, shall not entitle the laborer or his
heirs under this act, to compensation:
1 . When the laborer attempts to commit a crime, or to injure his
employer or any other person, or when he voluntarily causes himself
injury
*
2 . When the laborer is intoxicated, provided such intoxication is the
cause of the accident.
3. When the injury is caused to the laborer by the criminal act of a
third person.
4. When gross negligence of the laborer is the sole cause of the injury.
Sec. 5 (as amended by act No. 62, acts of 1919). During the period
of disability the injured workman shall submit himself for examina
tion, at reasonable times and places, by a competent physician or
surgeon, designated by the commission hereinafter created: Provided,
That where injured workmen are residents of municipalities in whose
hospitals they are lodged and cared for, such municipalities may not
collect from the commission for the time that the injured workman
stayed in the hospital, more than one-half of the minimum rate fixed
by the said municipalities.

858

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 T T E D

S T A T E S .

The commission is hereby authorized to enter into contracts with
insular, municipal and private physicians and with hospitals and
practicantes when deemed advisable by it.
The workman and the employer shall also be entitled to designate and
pay a physician and surgeon to witness such examination, but this
right is established without prejudice to the right of the physician
designated by the commission to visit the injured workman at all
reasonable circumstances during his disability.
Refusing treat
The refusal or objection of a workman, without just cause, to submit
ment.
himself to such medical examination or professional treatment shall
deprive him of his right to receive compensation under this act or to
institute or prosecute proceedings under this act for the recovery of
such compensation.
Workmen’s
S e c . 6 (as amended by act No. 62, acts of 1919). A commission to
r e l i e f commis
be known as ‘ The Workmen’s Relief Commission” is hereby created,
sion.
which shall consist of five members, to wit: The commissioner of agri
culture and labor who shall be chairman of the commission: the treas
urer of Porto Rico and three other commissioners to be appointed by
the governor, with the approval of the senate, one of whom at least
shall be a person affiliated with one of the bona fide labor organizations,
another of whom shall be a physician, and the other an engineer, until
the next general elections are held.
At the next general elections and in each subsequent election there
shall be elected the three members of the workmen’s relief commission,
and a candidate shall be nominated by each of the three political
parties casting the highest number of votes at the previous election.
Such commissioners as may not be employees of the insular govern
ment shall receive a per diem of eight (&8 ) dollars each for attending
each regular or special meeting of the commission, payable out of the
workmen s relief trust fund.
The said commission shall elect a secretary from among its members,
prior to the first day of June. The said commission shall have power
Rules.
to adopt such rules and regulations as may be necessary to carry out
the provisions of this act not inconsistent therewith, which rules and
regulations shall have the force of law. Violation of any rule or regu
lation issued by the commission created by this aqt shall be a misde
meanor punishable by fine of not to exceed fifty ($50 ^ dollars for each
violation.
Report of acci
Sec. 7 Every employer subject to the provisions of this act, or the
dents.
person representing him in business, shall report to the workmen’s
relief commission as soon as possible, within a period of five days from
the date of the accident, all injuries suffered by his employees in the
course of their employment. Such reports shall be upon printed
blanks furnished upon request by the commission, and shall contain
the name and nature of the business of the employer, the location of
the establishment or place of business, the name, age, sex 5 and occu
pation of each injured employee, and shall state the date and hour of
the accident, the nature and cause of the injuries sustained and such
other information as may be required by the workmen’s relief com
mission.
The report made by the employer under the provisions of this sec
tion shall not be evidence against the employer in any proceeding
under this or any other act.
The refusal or neglect of any employer to make the report required
by this section shall be punished by a fine of not less than twenty-five
($25) nor more than fifty ($50) dollars for each offense.
The department of agriculture and labor, within forty-eight hours
after receipt of notice from the commission of the occurrence of an acci
dent to any workman subject to the provisions of this act, shall make
Investigation. a thorough investigation of the said accident, the cause or causes thereof,
the character, nature and extent of the injuries sustained, and shall
file a full report of the said facts with the workmen’s relief commission,
including in the said report such other facts and circumstances as in
title opinion of the workmen’s relief commission shall enable it to pass
judgment on the claim for the relief of the injured workman when the
said claim shall be presented to the commission as herein provided.

TEXT OF L A W S ---- PORTO RICO.

The workmen’s relief commission shall have the power to make such
further investigation 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 of 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.
Sec. 8 (as amended by act No. 62, acts of 1919). From and after the Claims.
approval of this act, any workman subject to this act who has sustained
injuries while engaged in his work, and in case of the death of such
workman as the result of said injuries, his legal heirs, as described in
paragraph 5, section 3, of this act, dependent exclusively upon his
wages for support, may present to the workmen's relief commission,
within ninety days counted from the date of the injuries or from the
date of the death of the workman, as the case may be, an application in
writing for the compensation provided for in this act: Provided, That
when the ninety days allowed for filing the application shall have
elapsed such application not having been made, it shall be the duty of
the workmen’s relief commission to investigate the reason why the
person concerned did not make such application; and when the com
mission deems that said application was not made because of ignor
ance of the party concerned or because of some other reason not under
the control of such party concerned, said party shall be granted thirty
days more: And provided further, That no application shall be denied
on account of prescription unless it is clearly shown that said party
concerned was notified of his right.
Such application shall state the date, place, nature, and cause of the
injury or death, the name and address of the employer, and the name
and address of the injured workman.
Within the period of fifteen days after the receipt of the report of the Awards,
department of agriculture and labor provided for in the foregoing sec
tion, the workmen’s relief commission shall consider the petition for
compensation and shall render a decision either denying or awarding
the compensation applied for; and in case the commission is of the
opinion that the petitioner is entitled to compensation the decision of
the commission shall specify the amount to be paid and the time and
manner in which payment shall be made.
A certified copy of the decision of the workmen’s relief commission,
denying or granting compensation under the provisions of this act, shall
be seized upon the applicant and upon the employer for whom the
injured workman was working at the time of the accident, within ten
days after the rendering of such decision.
A certified copy of the decision of the commission, signed by the
president and secretary thereof, and sealed with such seal as the com
mission may adopt, shall be sufficient authority for the auditor of
Porto Rico in accordance with this act to issue a warrant to be paid
by the Treasurer of Porto Rico out of the workmen’s relief trust fund.
^No claim for the compensation provided for in this act shall be con
sidered by the workmen’s relief commission unless the commission has
received a written application of the person or persons entitled to com
pensation, within the terms hereinabove fixed.
S e c . 9 . Appeals from the decision of the workmen’s relief commis Appeals.
sion to the district court of the district where the accident occurred
shall be allowed to the claimant only when the commission shall have
decided that no accident has occurred for which compensation is pro
vided in this act.
Appeals from the decision of the workmen’s relief commission shall
likewise be allowed to any employer who has been assessed for premi
ums under the provisions of this act only when the decisions of the
workmen’s relief commission are to the effect that the accidents are
such for which compensation should be allowed under the provisions
of this art.
Such appeal must be taken by filing with the secretary of the district
court a written petition setting forth the facts upon which the appeal

85&

860

W O R K M E N ’ S C O M P E N SA TIO N LA W S OF T H E U N IT E D STATES.

is based and serving a copy thereof upon the workmen’s relief com
mission within thirty days after receipt of notice of the decision of the
workmen’s relief commission.
After the appeal is perfected the district court shall proceed with the
case in the same manner as provided by law for an appeal from a judg
ment of a municipal court in civil cases. The decision of the district
court shall be final on questions of fact.
Classification of S e c . 10. Before June 1, 1918, and before June 1 of each following
occupations.
year, the workmen’s relief commission shall classify and group the
occupations of workmen to whom this act applies in accordance with
the probable risk or liability of injury under existing conditions and
shall fix rates of insurance to be paid by the employers of workmen in
these groups. All such rates or premiums shall be levied on the esti
mated pay roll of the employer of such workmen for the fiscal year cov
ered by the insurance, on a basis that shall be fair, equitable, and just
as among such employers. Where the workmen’s relief commission is
of the opinion that the pay roll for the fiscal year prior to the year for
which insurance is to be collected constitutes a fair basis upon which
to estimate the pay roll for the fiscal year during which the insurance
is to be effective, the said pay roll for the fiscal year during which the
insurance is to be effective shall be estimated thereby: Provided, That
when, in the opinion of the workmen’s relief commission, such pay roll
can not be taken as a fair basis upon which to estimate the pay roll for
the year during which the insurance is to be effective, the workmen’^
relief commission may require a deposit in advance as hereinafter pro
vided . Th ere shall not be more than five groups with rates not exceed
ing those here stated:
Group No. 1 .—Not over 4 per cent of the total annual pay roll of the
employers employing workmen entitled to compensation in accordance
with this act in such group.
Group No. 2.—Not over 3 per cent of the total annual pay roll of
the employers employing workmen entitled to compensation in
accordance with this act in such group.
Group No. 3.—Not over 2 per cent of the total annual pay roll of the
employers employing workmen entitled to compensation in accord
ance with this act in such group.
Group No. 4.—Not over 1 per cent of the total annual pay roll of the
employers employing workmen entitled to compensation in accord
ance with this act in such group.
Group No. 5.—Not over one-half of 1 per cent of the total annual
pay roll of the employers employing workmen entitled to compensa
tion in accordance with this act in such group.
Subgroups.
The workmen’s relief commission may establish as many sub
groups as it may deem necessary and may fix different rates for any
group or subgroups of any group, provided such rates are within the
limits previously prescribed herein for said group: Provided, That
all public carriers operating railroads shall be included in this act
while carrying on their business or traffic in Porto Rico.
Extra hazard- In exceptional cases where the laborer s occupation is extraordinarily
ous occupations, dangerous in the opinion of the commission, the commission may
raise the rate of insurance to a maximum of 10 per cent.
If after this act has gone into effect it is shown by experience that
because of poor or careless management, or because of lack of safety
appliances, any establishment or work is extraordinarily dangerous in
comparison with other like establishments or occupations, the work
men’s relief commission may at any time advance its classification of
risk and premium rate in proportion to the extraordinary hazard.
Collection of ^ S ec . 11. The treasurer of Porto Rico is hereby empowered, authorprennums.
ized, and directed to levy, assess, and collect semiannually and in
advance from every employer of workmen subject to this act, such
annual premiums as the workmen’s relief commission shall determine
in accordance with the preceding section, on the total amount of
wages paid by said employer to Workmen who were or would have been
entitled to the benefits of this act during the year prior to the levying
of the premiums, if the same had been in force.
Said premiums, and those determined in section 12 of this act, hav
ing been collected, shall be deposited by the treasurer of Porto Rico

TEX T OF L A W S — PORTO RICO.

861

in the trust fund for compensation to workmen hereby created. The
assessment shall be made prior tct August 30th in each fiscal year
beginning on the preceding July 1, taking as a basis therefor the total
amount paid for wages of workmen employed by each employer during
the previous year who were or would have been entitled to the benefits
of this act if the same had been in force.
Should the employer fail to pay the semiannual premiums legally
levied upon him, on or before September 15 and on or before February
15, the treasurer of Porto Rico may order the attachment of property
of said employer and shall proceed to collect such premiums together
with such charges thereon m accordance with the law and procedure
which is at present or which may hereafter be in force for the collection
of unpaid property taxes. Surcharges shall be collected for every
month or fraction thereotf during which said premium shall remain
unpaid after September 15 and February 15, at the rate of one per
cent a month.
Any employer who prior to the first of July or to the first of January
of any year ceases to be subject to the provisions of this act may excuse
himself from payment of premiums for the following semester or
semesters by giving such notification and producing such evidence
that he will not be subject to this act, as the workmen’s relief commis
sion may require. Any employer subject to this act during any part of
a semester, shall pay the premiums for the whole semester, but he shall
be entitled to such reimbursement, if any, as provided in the following
section: Provided, That in such cases reimbursement may be made
at the expiration of the semester for which said premiums were paid.
Sec. 12. At the end of each fiscal year the treasurer shall compare Annual adjustthe actual pay roll of each employer paying premiums in accordance mentswith this act for such fiscal year with the pay roll of the preceding
fiscal year on the basis of which premiums were levied, assessed, and
collected by him, and if the pay roll for the year during which the
insurance was effective is greater than that of the previous fiscal year
for which premiums were levied, assessed, and collected, the treasurer
shall levy, assess, and collect upon the difference additional premiums
in the same manner and on the same basis as the original premiums
were levied, assessed, and collected; and if the pay roll for the year
during which insurance was effective is less than that of the previous
fiscal year for which premiums were levied, assessed, and collected,
,
the treasurer shall refund from the workmen’s relief trust fund the
proportion of the premiums corresponding to the difference between
the actual pay roll for the year during which insurance was effective
and the year for which they were levied, assessed, and collected:
Provided, That in any case where the workmen’s relief commission
believes that the pay roll for the present fiscal year is not a fair basis
upon which to estimate the pay roll for the succeeding year, it may
require in advance a deposit to cover the premiums during the year
for which insurance is to be effective, and the balance of the said
deposit, if any, shall be refunded at the end of the year, after deducting
the premium due on the basis of the actual pay roll for the year during
which such insurance was effective; and if the deposit is found at any
time to be insufficient, the workmen’s relief commission is authorized
to require a further deposit to meet such deficiency. The deposits
required by the workmen’s relief commission shall be levied, assessed,
and collected in the same manner hereinbefore provided for the levy,
assessment, and collection of premiums.
Sec. 13 (as amended by act No. 62, acts of 1919). It shall be the Statements byduty of every employer of workmen entitled to the benefits of this act emPIoyersto file with the workmen’s relief commission, on or before the fifteenth
day of July in each year, a duplicate statement under oath showing
the number of workmen employed by the said employer and who were
or Would have been entitled to the benefits of this act if the same had
been in force, and also the total amount of wages paid to said workmen
during the previous fiscal year; and, further, it shall be the duty of
such employer to file with the workmen’s relief commission, within
the first ten days after the end of each month, a report as to wages paid
to all workmen coming under this act for the months preceding the
date of the report.

882

w o r k m e n ’s

c o m p e n s a t io n

law s

T H E U N IT E D STATES.

The failure to file such statement and such monthly reports on or
before the date above specified shall constitute a misdemeanor, pun
ishable by a fine of not less than fifty (50) nor more than five hundred
(500) dollars, in the discretion of the court. Blanks for such state
ments and for such reports shall be furnished upon request by the
workmen's relief commission.
It shall be the duty of every employer of laborers entitled to the
benefits of this act to keep a complete register in accordance with such
regulations as may be prescribed by the workmen’s relief commission,
showing the name of every such laborer, the age and sex of such laborer,
the nature of the work performed by and the wages paid to every one
of the said laborers.
The workmen's relief commission may order an inspection to be made
of all pay rolls and other books or records of such employers relating to the
payment of wages, by any representative duly authorized by it; and
it shall be the duty of such employer to permit such an inspection.
F a l s e stateAny employer who knowingly falsifies the information required by
ments*
this section shall be subject to the same penalty herein provided for
a failure to file the statement and the monthly reports required by this
section, 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.
No payments
S e c . 14. No agreement by an employee to pay any portion of the
by employees,
premium paid by his employer to the Workmen’s relief trust fund shall
be valid: and any employer who makes a reduction for such purpose
from the wages or salaries of any employee entitled to the benefits of
this act, shall be guilty of a misdemeanor.
Expenses o f
S ec . 15. If in the opinion of the workmen’s relief commission addiadmimstration. tional employees are absolutely necessary for the work of the depart
ment of agriculture and labor, the treasury department, the depart
ment of health or of the commission, in connection with this act, such
additional employees may be employed and their compensation fixed
by the workmen’s relief commission with the approval of the governor.
The expenses of the commission as well as any traveling expenses
incurred in connection with the carrying out of this act, shall be charged
to the workmen’s relief trust fund.
Investment of
S fx\ IG. The workmen's relief commission may invest any of the
surplus.
surplus or reserve funds belonging to the workmen’s relief trust fund
in bonds of the United States or of Porto Rico or bonds for which the
credit of The People of Porto Rico has been pledged. All such securi
ties or evidences of indebtedness shall be placed in the hands of the
treasurer of Porto Rico, who shall be the custodian thereof. Fie shall
collect the principal or interest thereof when due and pay the same
into the orkmen’s relief trust fund. The treasurer shall pay all war
rants or vouchers drawn on the workmen's relief trust fund for the
making of such investments when signed by the president and secre
tary of the workmen’s relief commission, approved by the auditor of
Porto Rico and countersigned by the governor. The workmen’s relief
commission, with the consent of the governor of Porto Rico, may sell
any such securities, the proceeds thereof to be paid over to the treas
urer, who shall pay the same into the workmen’s relief trust fund.
Accounts.
S ec . 17. The workmen’s relief commission shall report all matters
relating to the receipts, disbursements, accounts, and financial mat
ters to the treasurer of Porto Rico who shall keep an accurate account of
the money paid in premiums by each of the several groups of employ
ments, and the expenses of administering the workmen’s relief trust
fund and the disbursements on account of injuries and deaths of em
ployees in each of said groups, including the creation of reserves to
meet anticipated and unexpected losses and to carry the claims to
maturity ; and also an account of the amounts received from each indi
vidual employer; and of the amount disbursed from the workmen’s
relief trust fund for expenses, and a statement of injuries and deaths of
the employees of such employer, including the reserves so created,
and all other necessary accounts of the workmen’s relief commission:
Provided, That all such accounts shall be subject to examination and
inspection by the auditor of Porto Rico.

TE X T OF

L A W S

---- PORTO RICO,

£63

Sec. 18. Any information acquired in accordance with section 13 in form at iaa
of this act by the workmen's relief commission or by any officer-or e m - confidents
ployee entrusted with the performance of any duty under this act
shall be deemed to be confidential information, and any officer or em
ployee who shall disclose the said information shall be guilty of a
misdemeanor.
S e c. 19. If any employer, whether an individual, firm, partnership, Assignment ot
association, or corporation insured under the provisions of this act, insurance,
transfers his business during the period for which said employer is
insured, to any other employer, whether an individual, film, partner
ship, association, or corporation, the workmen’s relief commission may,
on written notice and with .the consent of both parties (the employer
originally insured and the employer to whom the business is trans
ferred), assign to his successor all rights, credits, and obligations of the
employer originally insured, and in such cases shall substitute the
name of the assignee for the name of the employer originally insured
in all accounts, records and other matters pertaining to the former, for
the balance of the period for which the first employer was insured, not
withstanding the provisions of section 23 of this act.
S e c. 20. If any accident occurs to any workman employed by an Employers n ot
employer subject to the provisions of this act, who has failed to comply complying with
with said provisions relative to the submission of reports and the pay- act*
ment of premiums, the workmen’s relief commission is hereby^ author
ized to charge said employer with the amount of such compensation as
the commission may authorize to be paid to the injured workmen, and
the treasurer of Porto Rico shall levy and collect said amount in the
same manner prescribed for the collection of premiums. When a
laborer or his heirs, in accordance with this act, and in the case specified
in section 20 , and the workman’s relief commission in the cases specified Suits,
in section 21 , institute an action to recover damages from an employer,
it shall not be a defense in favor of the employer—
(а) That the employee was guilty of contributory negligence;
( б) That the injury was caused by the negligence of a fellow em
ployee;
(c) That the employee had assumed the risk of injury;
Defenses abra(d) That the injury was caused by the negligence of a subcon- gated,
tractor or of an independent contractor, unless the contractor or inde
pendent subcontractor shall have been insured in accordance with the
provisions of this act.
No contract between employer and employee purporting to permit
any of said defenses shall be valid.
Sec. 21. Nothing in this act contained shall be interpreted as de- Willful, etc.,
priving the injured workman, or his heirs, in accordance with this act, acts,
in case of death, of waiving the provisions of this act at any time prior
to receiving compensation under this act and to claim and recover
damages from his employer, in accordane with the provisions of the
law before this act takes effect, when the injuries sustained by the said
workman were caused by the illegal act or gross negligence of his em
ployer: Provided, That only in case of waiver shall the workmen com
prised in this act, or their heirs in accordance with the same, have the
right to institute an action for damages against the employer.
Sec. 22 . When the injury for which workmen are entitled to com- Mabi l i t y o '
pensation under this act shall have been sustained under circumstances
persons,
creating a liability against some other person or against the employer
where the injury was caused by his illegal act or gross negligence or by
defects in the machinery or implements and when the workman or his
heirs receive condensation under this act, the workmen’s relief com
mission shall be subrogated to the rights of the injured workman or his
heirs and may prosecute an action and recover damages from such third
person or such employer liable for such injury, which damages when
recovered shall be covered into the workmen’s relief trust fund for the
‘benefit of the particular group in which the injured workman’s occupa
tion was classified.
Sec. 23. Rights and actions accruing under this act shall not be Assignments*
assignable to other persons, nor shall they be subject to attachment or et0"
to the claims of other persons.
S ec. 24. All fines collected for violations of any of the provisions of Fines,
this act shall be deposited in the workmen’s relief trust fund.

864

W O R K M E N ’ S C O M P E N SA TIO N LA W S OF T H E U N IT E D STATES.

A ttorneys’ fees.

S e c . 25. Any contract, agreement, or stipulation bet ween the injured
workman or his heirs in accordance with this act, and an attorney, for the
payment to the said attorney of a fee contingent upon the result of the
trial shall be void and have no legal force or effect unless it be in writing
and approved by the judge of the court where the suit is instituted.
Any stipulation, contract, or agreement for the payment to the attor
ney prosecuting the claim for damages against the employer, of an
amount in excess of twenty-five (25 per cent) per centum of the amount
recovered at the trial, shall be illegal and void, and the making of such
contract or stipulation, or the actual receipt by the said attorney of an
amount in excess of twenty-five (25 per cent) per centum of the amount
recovered at the trial shall be illegal and void, and shall constitute
misconduct on the part of the said attorney, punishable by suspension
or disbarment after proper proceedings have been instituted against
the offender in accordance with the existing lawrs.
Contractors.
S e c . 26. In reporting their annual pay rolls all employers shall in
clude all workmen who are working either on piecework or under any
independent contractor or subcontractor employed or contracted by
such employer, and all premiums shall be based upon the current pay
roll of the employer so computed: Provided, That this section shall not
apply to employers for whom wTork is done by an independent con
tractor, and if the latter is insured in accordance with the provisions of
this act.
Workmen’s reS e c . 27. That the amounts existing in the workmen’s relief trust
Kef trust fund.
fund created by section 1 of an act entitled “ An act providing for the
relief of such workmen as may be injured, of the dependent families
of those who may lose their lives wrhile engaged in trades or occupations,
and for other purposes,” approved April 13, 1916, are hereby reappro
priated to carry out the provisions of this act and shall constitute the
workmen’s relief trust fund hereby created, together with such other
sums as are hereinafter specified. The aforesaid sum, advanced as
hereinafter stated, shall be reimbursed to the treasury of Porto Rico,
wholly or in part, provided that in the judgment of the commission the
workmen’s relief trust fund is sufficient to cover safely such payments
as shall be made in accordance herewdth within the year following the
date of such reimbursement after having deducted the amount of the
same.
Employers to
Sec. 28 (as amended by act No. 61, acts of 1919). All employers emeentribute.
ploying workmen under the terms of this act, shall be bound to con
tribute to the workmen’s relief trust fund in the form and manner pro
vided herein: Provided, That, on petition of the aggrieved party, the
district court of competent j urisdiction may review upon certiorari any
decision of the workmen’s compensation commission that shall have been
rendered in violation of the provisions of this act, where such a remedy is
brought within the term of fifteen days from and after the service of no
tice of the decision complained of: And provided, further, That the legal
ity of any tax fixed by the said commission may also be revised in the
same manner and form upon certiorari brought within the term herein
above mentioned.
Reduction of Sec. 29. If at the end of any fiscal year said trust fund shall have a
ra
considerable surplus after having paid all its obligations and liabilities,
and after the commission has set aside such amount as it may deem
advisable as a reserve fund, the workmen’s relief commission shall
reduce the rates of contribution for part or all of the groups into which
risks are divided.
Definitions.
S e c . 30. The words “ laborer” or “ employee,” wherever used in th is
act, shall be construed to include any person employed by any em
ployer, who is entitled to the benefits of this act, whether such person
is man, woman or child.
Who may not S e c . 31 No member of the workmen’s relief commission nor any
e a orneys.
officer, employee, or agent thereof, nor any person in the service of the
same, shall represent another person, nor shall he have any interest in
any transaction,^ claim or matter in the jurisdiction of the said com
mission. Violations of this section shall be punished by removal and
permanent disability to serve on said commission or under its j urisdic
tion, it being understood that this prohibition shall not include acts
that are purely official realized by virtue of office or employment.
Approved February 25, 1918.

RHODE ISLAND.
ACTS OF 1912.
C h a p ter

831.— C o m p e n s a tio n o f w o rk m e n f o r in j u r i e s .
A r tic le

ABROGATION OF REM EDIES AND D EFEN SES.

1. In an action to recover damages for personal injury sus- Defenses abrotained by accident by an employee arising out of and in the course of sated,
his employment, or for death resulting from personal injury so sus
tained, it shall not be a defense: (a) That the employee was negligent;
(b) That the injury was caused by the negligence of a fellow employee;
(c) That the employee has assumed the risk of the injury.
S e c . 2. The provisions of this act shall not apply to actions to recover Exemptions,
damages for personal injuries, or for death resulting^ from personal in
juries, sustained by employees engaged in domestic service or agri
culture.
Sec. 3. The provisions of this act shall not apply to employers who Small empioyempioy five or less workmen or operatives regularly in the same busi- ers*
ness, but such employers may, by complying with the provisions of
section 5 of this article become subject to the provisions of this act.
Sec. 4 (as amended by ch. 1534, acts of 1917). The provisions of
of e,le(>
section 1 of this article shall not apply to actions to recover damages for
y empioj*
personal injuries, or for death resulting from personal injuries, sustained
by employees of an employer who has elected to become subject to the
provisions of this act, as provided in section 5 of this article, nor to any
such action brought against a town or city by an employee thereof.
S e c . 5. Such election on the part of the employer shall be made by
Election made,
filing with the commissioner of industrial statistics a written statement
v'
to the effect that he accepts the provisions of this act, and by giving
reasonable notice of such election to his workmen, by posting and
keeping continuously posted copies of such statement in conspicuous
places about the place where his workmen are employed, the filing of
which statement and the giving of which notice shall operate to sub
ject such employer to the provisions of this act and all acts amendatory
thereof for the term of one year from the date of the filing of such state- Term,
ment, and thereafter, without further act on his part, for successive
terms of one year, each, unless such employer shall, at least sixty days
prior to the expiration of such first or any succeeding year, file with
said commissioner a notice in writing to the effect that he desires to
withdraw his election to be subject to the provisions of this act and
shall give reasonable notice to his workmen as above provided. Blank
forms of election and withdrawal as herein provided, shall be fur
nished by said commissioner.
S e c . 6 . An employee of an employer who shall have elected to be- Election by em-.
come subject to the provisions of this act as provided in section 5 of p yees'
this article shall be held to have waived his right of action at common
law to recover damages for personal injuries, if he shall not have given
his employer at the time of his contract of hire notice in writing that
he claimed such right, and within ten days thereafter filed a copy
thereof with the commissioner of industrial statistics or, if the contract
of hire was made before the employer so elected, if the employee shall
not have given the said notice and filed the same with said commissionei#within ten days after notice byr the employer, as above pro
vided, of such election; and such waiver shall continue in force for the
term of one year, and thereafter without further act on his part, for
successive terms of one year, each, unless such employee shall at least
sixty days prior to the expiration of such first or any succeeding year,
file with the said commissioner a notice in writing to the effect that
he desires to claim his said right of action at common law and within
ten days thereafter shall give notice thereof to his employer. A
S e c tio n

177982°—21— Bull. 272------ 55

865

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minor working at an age legally permitted under the laws of this State
shall be deemed sui juris for the purpose of this act and no other person
shall have any cause of action or right to compensation for an injury I
to such minor employee except as expressly provided in this act; but
if said minor shall have a parent living or a guardian, such parent o r !
guardian, as the case may be, may give the notice and file a copy of
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 provisions of this act. In case no such notice is given, such minor!
Waiver of com- shall be held to have waived his light of action at common law to recover j
mon-iawnghts. damages for personal injuries. Any employee, or the parent or guar-'
dian of any minor employee, who has given notice to the employer
that he claimed his right of 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.
Remedies exS e c . 7. The right to compensation^ for an injury, and the remedy!
elusive.
therefor granted by this act, shall be in lieu of all rights and remedies
as to such injury now existing, either at common law or otherwise;
and such rights and remedies shall not accrue to employees entitled to
compensation under this act while it is in effect.
Minors.

A r t ic l e

II.

PAYM ENTS.

Section 1. If an employee who has not given notice of his claim of
when*
common law rights of action or who has given such notice and has
waived the same, as provided in section 6 of Article I, receives a per
sonal injury by accident arising out of and in the course of his employ-,
ment, he shall be paid compensation, as hereinafter provided, by the
employer who shall have elected to become subject to the provisions
of this act.
Willful injuries
S e c . 2. No compensation shall be allowed for the injury or death of
or intoxication.
an empl0yee where it is proved that his injury or death was occasioned
by his wilful [willful] intention to bring about the injury or death of
himself or of another, or that the same resulted from his intoxication
while on duty.
Attorney's fees.
S e c . 3. Contingent fees of attorneys for services under this act shall
be subject to the approval of the superior court.
Waiting time.
S e c . 4 (as amended by ch. 1534, acts of 1917). No compensation
except as provided by section 12 of this article shall be paid under this
act for any injury which does not incapacitate the employee for a
period of at least two weeks from earning full wages, but, if such inca
pacity extends beyond the period of two weeks, compensation shall
begin on the fifteenth day after the inj my:
Provided, That if such incapacity extends beyond the period of
four weeks, compensation shall begin from the date of the injury.
Medical, etc., Sec. 5 fas amended by ch. 1534, acts of 1917). During the first four
aid*
weeks after the injury the employer shall furnish reasonable medical
and hospital services and medicines when they are needed. The
amount of the charge for such medical and hospital services shall be
determined in case of the failure of the employer and employee or his
physician to agree, by the superior court. The employee shall have the
right to select the physician by whom, or the hospital in which, he
desires to be treated, but the employer shall become liable to such phy
sician or hospital for the reasonable fees for such treatment : Provided•
however, That the physician or hospital shall give written notice
to the employer within seven days after the beginning of their services;
that they have been so selected and shall present their claim to the
employer for the payment of such services within three montfts after
the conclusion thereof, bat the failure of the employer to receive such
notice shall not render the employee liable for such service.
^ Compensation
S e c . 6 . If death results from the injury, the employer shall pay the
mease of death, dependents of the employee wholly dependent upon his earnings for
support at the time of his injury a weekly payment equal to one-half
his average weekly wages, earnings, or salary, but not more than ten
dollars nor less than four dollars a week, for a period of three hundred
weeks from the date of the injury: Provided, however, That, if the^
Payments due,

TEXT OF LAWS---- RHODE ISLAND.

8§7

dependent of the employee to whom the compensation shall be p a y
able upon his death is the widow of such employee, upon her death the
compensation thereafter payable under this act shall be paid to the
child or children of the deceased employee, including adopted and step
children, under the age of eighteen years, or over said age, but phys
ically or mentally incapacitated from earning, dependent upon the
widow at the time of her death. In case there is more than one child
thus dependent, the compensation shall be divided equally among
them. If the employee leaves dependents only partly dependent upon
his earnings for support at the time of his injury, the employer shall
pay such dependents for a period of three hundred weeks from the
date of the injury a. wreekly compensation equal to the same proportion
of the weekly payments herein provided for the benefit of persons
wholly dependent as the amount contributed annually by the em
ployee to such partial dependents bears to the annual earnings of the
deceased at the time of injury. When weekly payments have been
made to an injured employee before his death, the compensation to
dependents shall begin from the date of the last of such payments, but
shall not continue more than three hundred weeks from the date of the
injury : Provided, hou-ever, That, if the deceased leaves no dependents
at the time of the injury, the employer shall not be liable to pay com
pensation under this act except as specifically provided in section 9
of this article.
S e c . 7 (as amended by ch. 1534, acts of 1917). The following Dependents,
persons shall be conclusively presumed to be wholly dependent for
support upon a deceased employee:
(a) A wife upon a husband with whom she lives or from whom she
was living apart for a justifiable cause, or because he had deserted
her, or upon whom she is dependent at the time of his death. The
findings of the superior court upon the questions of such justifiable
cause and desertion shall be final.
(b) A husband upon a wife with whom he lives or upon whom he is
dependent at the time of her death.
(c) A child or children, including adopted and stepchildren, under
the age of eighteen years, or over said age, but physically or mentally
inc apacitated from earning, upon the parent with whom he is or they
are living or upon whom he or they are dependent at the time of the
death of such parent, there being no surviving dependent parent.
In case there is more than one child thus dependent, the compensa
tion hereunder shall be divided equally among them.
In all other cases questions of entire or partial dependency shall be
determined in accordance with the fact as the fact may have been at
the time of the injury. In such other cases, if there is more than one
person wholly dependent, the compensation shall be divided equally
•among them, and persons partly dependent, if any, shall receive no
part thereof during the period in which compensation is paid to persons
wholly dependent. If there is no one wholly dependent and more
than one person partly dependent, the compensation shall be divided
among them according to Ihe relative extent of their dependency.
S ec. 3. No person shall be considered a dependent unless he is a Persons not de
member of the employee’s family or next of kin, wholly or partly Pendeatdependent iipon the wages, earnings, or salary of the employee for
support at the time of the injury.
S ec. 9. If the employee dies as a result of the injury leaving no Persons withdependents at the time of the injury, the employer shall pay, in addi- out dePendenrs
tion to any compensation provided for in this act, the reasonable
expense of his last sickness and burial, which shall not exceed two
hundred dollars.
S e c . 10 (as amended by ch. 1795, acts of 1919). While the inca- Tot al d is
parity for work resulting from the injury is total, the employer shall
y*
pay the injured employee a weekly compensation equal to one-half
his average weekly wages, earnings, or salary, but not more than
fourteen dollars nor less than seven dollars a week; and in no case
shall the period covered by such compensation be greater than five
hundred weeks from the date of the injury, nor the amount more
than $5,000. In the following cases it shall, for the purposes of this
section, be conclusively prevsumed that the injury resulted in perma-

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nent total disability, to wit: The total and irrevocable loss of sight in
both eyes, the loss of both feet at or above the ankle, the loss of both
hands at or above the wrist, the loss of one hand and one foot, and
injury to the spine, resulting in permanent and complete paralysis of
the legs or arms, and an injury to the skull, resulting in incurable
imbecility or insanity.
Partial disa- Sec. 11 . While the incapacity for work resulting from the injury is
biiity.
partial, the employer shall pay the injured employee a weekly compen
sation equal to one-half the difference between his average weekly
wages, earnings, or salary, before the injury and the average weekly
wages, earnings, or salary which he is able to earn thereafter, but not
more than ten dollars a week; and in no case shall the period covered
by such compensation be greater than three hundred weeks from the
date of the injury.
Specific in- Sec. 12. In case of the following specified injuries the amounts
juries.
named in this section shall be paid in addition to all other compensa
tion provided for in this act:
(а) For the loss by severance of both hands at or above the wrist, or
both feet at or above the ankle, or the loss of one hand and one foot, or
the entire and irrecoverable loss of the sight of both eyes, one-half of
the average weekly wages, earnings, or salary, of the injured person,
•but not more than ten dollars nor less than four dollars a week, for a
period of one hundred weeks.
( б) For the loss by severance of either hand at or above the wrist,
or either foot at or above the ankle, or the entire and irrecoverable loss
of the sight of either eye, one-half the average weekly wages, earnings,
^
or salary of the injured person, but not more than ten dollars nor less
than four dollars a week, for a period of fifty weeks.
•
(c) For the loss by severance at or above the second joint of two
or more fingers, including thumbs, or toes, one-half the average weekly
wages, earnings, or salary of the injured person, but not more than ten
dollars nor less than four dollars a v/eek, for a period of twenty-five
weeks.
(d) For the loss by severance of at least one phalange of a finger,
thumb, or toe, one-half the average weekly wages, earnings, or salary
of the injured person, but not more than ten dollars nor less than four
dollars a week, for a period of twelve weeks.
Co mp ut i n g S ec. 13 (as amended by ch. 1268, acts of 1915). The “ average
wages.
weekly wages, earnings, or salary” of an injured employee shall be
ascertained as follows:
(a) “ Average weekly wages, earnings, or salary” shall mean the
total earnings of the injured employee received from the employer in
whose service he is injured during the period of the twenty-six calendar
weeks immediately preceding the date of the injury, divided by the
number of calendar weeks during which, or any portion of which, said
workman was employed by, and actually worked for, the said em
ployer; but if the injured employee has lost one or more calendar
weeks during such period then the total earnings for the remainder of
such ^twenty-six weeks shall be divided by the number of weeks
remaining after the time so lost has been deducted. In computing
the time so lost, absence for seven consecutive calendar days, although
not in the same calendar week, shall be considered as absence for a
calendar week. Where the employment commenced other than at
the beginning of a calendar week, or was terminated by the said injury
other than at the end of a calendar week, such calendar week and the
wages earned during such week, shall be excluded in making the
above computations.
(b) Where the employment previous to the injury is less than a
net period of two calendar weeks, and where the foregoing method
of arriving at the average weekly wages, earnings, or salary can not
reasonably and fairly be applied, such average weekly wages, earn
ings, or salary shall be taken at such sum as, having regard to the
previous wages, earnings, or salary of the injured employee, and of
other employees of the same or most similar class, working in the same
or most similar employment in the same establishment or in the same
or a neighboring locality, shall reasonably represent the weekly earn
ing capacity of the injured employee at the time of the accident in
the employment in which he was working at such time.

T E X T

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R H O D E

869

IS L A N D .

(c) Where the employer has been accustomed to pay to the employee
a sum to cover any special expense incurred by said employee by the
nature of his employment, the sum so paid shall not be reckoned as
part of the employee’s wages, earnings, or salary.
(d) The fact that an employee has suffered a previous injury, or
received compensation therefor, shall not preclude compensation

Second injuries,

for a later in ju r y or for d e a th ; b u t in d e te rm in in g th e com p en sation
for th e later in ju r y or d e a th , h is average w e e k ly w ages shall b e such
su m as w ill reaso n ab ly represen t h is w e e k ly earn ing c a p a c ity at th e
tim e of th e later in ju r y in th e e m p lo y m e n t in w h ic h h e w as w orking
at such tim e , an d shall b e arrived a t according to , an d su b je c t to th e
lim ita tio n s of, th e p rovision s of th is sec tio n : Provided, T h a t in com
p u tin g th e average w e e k ly w ages earned su b se q u e n t to th e first in ju r y
th e tim e w orked an d w ages earned prior to said in ju r y shall b e e x
c lu d e d .
S e c . 14 (as a m e n d e d b y ch . 93 7 , acts of 191 3 ). N o savings or in su rIn su ra n ce ,
an ce of th e in ju re d e m p lo y e e , in d e p e n d e n t of th is a c t, shall b e ta k e n considered,
in to consideration in d e te rm in in g th e c om p en sation to b e p a id here
u n d er, nor shall b en efits d e riv e d from a n y oth er source th a n th e
e m p lo y e r b e considered in fix in g th e c om p en sation un d er th is act.
A n y e m p lo y e r w ho sh all refuse or d e la y j)a y m e n t un d er th is act on
ac c o u n t of th e re c e ip t b y a n y in ju re d e m p lo y e e of su ch savings, in sur
an ce, or b en efits, shall b e d e e m e d g u ilty of a m isd em ea n or, an d on con
v ic tio n thereof shall b e lia b le to a fine of not less th a n one h u n d re d
dollars nor m ore th a n fiv e h u n d re d dollars, or im p riso n m e n t n o t e x
ce e d in g on e yea r, or b o th .
S e c . 15. The compensation payable under this act in case of the
Payments tobe

death of the injured employee shall be paid to his legal representatives; madeto whom,
or, if he has no legal representative, to his dependents entitled thereto;
or, if he leaves no such dependents, to the person to whom the expenses
for the burial and last sickness are due. If the payment is made to the
legal representative of the deceased employee, it shall be paid by him
to the dependents or other persons entitled thereto under this act.
All payments of compensation under this act shall cease upon the death
of the employee from a cause other than or not induced by the injury
for which he is receiving compensation.
S e c . 16. I n case an in ju re d e m p lo y e e is m e n ta lly in c o m p e te n t, or,
In co m p eten t
w here d e ath results from th e in ju r y , in case a n y of h is d e p e n d e n ts e n - beneficiaries,
title d to c o m p e n sa tio n hereu n d er are m e n ta lly in c o m p e te n t or m in ors
a t th e tim e w h e n a n y rig h t, p riv ile g e , or e le c tio n accrues to h im or th e m
u n d er th is a c t, h is conservator, gu ard ian , or n e x t frien d m a y , in his
b e h a lf, c la im an d e x e rc ise such right, p riv ile g e , or e le c tio n , an d no
lim ita tio n o f tim e in th is a c t p ro v id e d shall ru n so lo n g as such in c o m
p e te n t or m in o r has n o conservator or gu ardian.
S e c . 17. N o pro ceed in gs for c om p en sation fo r an in ju r y u n d e r th is
Notice,
a ct sh a ll b e m a in ta in e d u nless a n o tic e o f th e in ju r y sh a ll h a v e b e e n
g iv e n to th e e m p lo y e r w ith in th irty d a y s after th e h a p p e n in g th e re o f;
an d u n less th e c la im for c o m p e n sa tio n w ith resp ect to su ch in ju r y sh a ll
Claim,
h a v e b e e n m a d e w ith in o n e y ea r after th e occu rren ce o f th e sam e, or, in
case o f th e d e a th o f th e e m p lo y e e , or in th e e v e n t o f h is p h y s ic a l or
m e n ta l in c a p a c ity , w ith in on e y e a r after d e ath or th e re m o v a l of su ch
p h y sic a l or m e n ta l in c a p a c ity .
Sec . 18. Such notice shall be in writing and shall state in ordinary Form of notice

language the nature, time, place, and cause of the injury, and the name
and address of the person injured and shall be signed by the person
injured, or by a person in his behalf, or, in the event of his death, by
his legal representative, or by a dependent, or by a person in behalf of
either.
S e c . 19. S u c h n o tic e sh a ll b e served u p o n th e e m p lo y e r , or u p o n on e
e m p lo y e r , i f th ere are m o re e m p lo y e r s th a n o n e , i f th e e m p lo y e r is a
corporation, u p o n a n y officer or ag e n t u p o n w h o m process m a y b e
se rv e d , b y d e liv e rin g th e sam e to th e person on w h o m it is to b e se rv e d ,
or b y le a v in g i t a t h is la st k n o w n re sid e n ce or p la ce o f b u sin ess, o'r b y
s en d in g it b y registered m a il addressed to th e person to b e se rv e d , or,
in th e case of a corporation, to th e corporation itse lf, at h is or its la st
k n o w n residen ce or p la c e o f b u sin ess; an d su ch m a ilin g o f th e n o tic e
s h a ll c o n stitu te c o m p le te d se rvice .

Service,

870

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c o m p e n s a t io n

law s

o i- t h e

U N IT E D STATES.

Questions of in
S e c . 2 0 . A n o t ic e g iv e n un d er th e p ro vision s o f th is a c t sh a ll n o t b e
validity.
h e ld in v a lid or in su fficie n t b y reason o f a n y in a c cu ra c y in sta tin g th e
n a tu re, t im e , p la c e or cause o f th e in ju r y , o r th e n a m e an d address of
th e p e rso n in ju r e d , u n less i t is sh ow n th a t i t w as th e in te n tio n to m islead
a n d th e e m p lo y e r w as in fa c t m isle d th e r e b y .
W a n t o f n o tic e sh a ll n o t
b e a b a r to th e p ro ce e d in g s u n d e r th is a c t, i f i t be sh o w n th a t th e e m
p lo y e r or h is a g e n t h a d k n o w le d g e o f th e in ju r y , or th a t failu re to g iv e
su c h n o tic e w as d u e to a c c id e n t, m ista k e , or un foreseen cause.
Medical exami
S e c . 21 (as amended by ch. 1795, acts of 1919). The employee shall,
nations.

Examiners.

Waivers.

Assignments.

after an injury, at reasonable times during the continuance of his
disability, if so requested by his employer, submit himself to an
examination by a physician or surgeon authorized to practice medicine
under the laws of the State, furnished and .paid for by the employer.
The employee shall have the right to have a physician, provided and
paid for by himself, present at such examination. Any justice of the
superior court may, at any time after an injury", on the petition of the
employer or employee, appoint a competent and impartial physician
or surgeon to act as a medical examiner, and the reasonable fees of such
medical examiner as fixed by the justice appointing him shall be paid
by the employer.
Such medical examiner being first duly sworn to the faithful per
formance of his duties before the justice appointing him or clerk of the
court shall thereupon, and as often as necessary, examine such injured
employee in order to determine the nature, extent, and probable dura
tion of the injury. Such medical examiner shall file a report of every
examination made of such employee in the office of the clerk of the
superior court having jurisdiction of the matter as provided in section
16 of Article III of this act, and such report shall be produced in evi
dence in any hearing or proceeding to determine the amount of com
pensation due such employee under the provisions of this act. If such
employee refuses to submit himself for any examination provided for in
this act, or in any way obstructs any such examination, his rights to
compensation shall be suspended and his compensation duiing such
period of suspension may be forfeited.
S e c . 22 . No agreement by an employee, except as provided in
Article IV, to waive his rights to compensation under this act shall be
valid.

S e c . 23. N o c la im s for com p e n sation u n d er th is a c t, or u n d e r a n y
a lte rn a tiv e sc h e m e p e rm itte d b y A r tic le I V of th is act, s h a ll b e assign
a b le , or s u b je c t to a tta c h m e n t, or lia b le in a n y w a y for a n y d e b ts .
Cl ai ms pre S e c . 24. The claim for compensation under this act, or under any

ferred.

Lum p-sum
payments.

alternative scheme permitted by Article IV of this act, and any decree
on any such claim, shall be entitled to a preference over the unsecured
debts of the employer hereafter contracted to the same amount as the
wages of labor are now preferred by the laws of this State; but nothing
herein shall be construed as impairing any lien which the employee
may have acquired.
S e c . 25. In case payments have continued for not less than six
months either party may, upon due notice to the other party, petition
the superior court for an order commuting the future payments to a
lump sum. Such petition shall be considered by the superior court
and may be summarily granted where it is shown to the satisfaction of
the court that the payment of a lump sum in lieu of future weekly pay
ments will be for the best interest of the person or persons receiving or
dependent upon such compensation, or that the continuance of weekly
payments will, as compared with lump-sum payments, entail undue
expense or undue hardship upon the employer liable therefor, or that
the person entitled to compensation has removed or is about to remove
from the United States. Where the commutation is ordered the supe
rior court shall fix the lump sum to be paid at an amount which will
equal the total sum of the probable future payments, capitalized at
their present value upon the basis of interest calculated at five per
centum per annum with annual rests. Upon paying such amount the
employer shall be discharged from all further liability on account of the
injury or death, and be entitled to a duly executed release, upon filing
which, or other due proof of payment, the liability of such employer
under any agreement, award, findings, or decree shall be discharged of
record.

871

TEX T OF LA W S---- RHODE ISL A N D ,

S e c . 26 (added by ch. 1534, acts of 1917). In fixing the amount of Advanced parcompensation undei* this act due allowance shall be made for any sum luentswhich the employer may have paid to any injured employee or to his
dependents on account of the injury, except such sums as the employer
may have expended or directed to be expended for medical, surgical,
or hospital service.
A r t i c l e III.
PROCEDURE.

S ection 1. If the employer and the employee reach an agreement in Agreements beregard to compensation under this act, a memorandum of such agree- ande?mp?oye^ er3
ment signed by the parties shall be filed in the office of the clerk of the
superior court having jurisdiction of the matter as provided in section 16
of this article. The clerk shall forthwith docket the same in a book kept
for that purpose, and shall thereupon present said agreement to a justice
of the superior court, and when approved by the justice the agreement
shall be enforceable by said superior court by any suitable process, Enforcement,
including executions against goods, chattels, and real estate, and includ
ing proceedings for contempt for willful failure or neglect to obey the
provisions of said agreement. No appeal shall lie from the agreement
thus approved unless upon allegation that such agreement had been
procured by fraud or coercion. Such agreement shall be approved by
the justice only when its terms conform to the provisions of this act.
When death has resulted from the injury and the dependents of the
deceased employee entitled to compensation are, or the apportion
ment thereof among them is, in dispute, such agreement may relate
only to the amount of compensation.
S ec . 2. If the employer and employee fail to reach an agreement Reference
to
in regard to compensation under this act, either employer or employee, court*
and when death has resulted from the injury and the dependents of
the deceased employee entitled to compensation are, or the appor
tionment thereof among them is, in dispute, any person in interest
may file in the office of the clerk of the superior court having jurisdic
tion of the matter as provided in section 16 of this article, a petition in
the nature of a petition in equity setting forth the names and resi
dences of the parties, the facts relating to employment at the time of
injury, the cause, extent and character of the injury, the amount of
wages, earnings or salary received at the time of the injury, and the
knowledge of the employer or notice of the occurrence of the injury,
and such other facts as may be necessary and proper for the informa
tion of the court, and shall state the matter in dispute and the claims
of the petitioner with reference thereto.
S e c . 3. W ith in four d ay s after th e filin g of th e p e titio n , a c o p y
Notice to
thereof, attested b y th e p e titio n e r or his a tto rn e y , sh a ll b e served sPondent*
up o n th e respon den t in th e sam e m anner as a w rit of su m m o n s in a
c iv il action .
S e c . 4. Within ten days after the filing of the petition, the respondAnswer,

ent shall file an answer to said petition, together with a copy thereof
for the use of the petitioner, which shall state the claims of the respond
ent with reference to the matter in dispute as disclosed by the petition.
No pleadings other than petition and answer shall be required to bring
the cause to a hearing for final determination. The superior court may
grant further tim e for filin g th e answ er an d allow a m e n d m e n ts of said

petition and answer at any stage of the proceedings. If the respondent
does not file an answer, the cause shall proceed without formal default
or decree pro confesso. If the respondent be an infant or person under
disability, the superior court shall appoint a guardian ad litem for
such infant or person under disability. Such guardian ad litem may
be appointed on any court day after service of the copy referred to in
section 3 of this article, upon motion of any party after notice given as
required for motions made in the superior court, and opportunity to
said infant or person under disability to be heard in regard to the
choice of such guardian ad litem. The guardian ad litem so appointed
shall file the answer required by this section.
S e c . 5. T h e p e titio n shall b e in order for assign m e n t for hearing on
th e m o tio n d a y w h ic h occurs n e x t after fifteen d ay s from th e filing of

Infants, etc.

Hearing,

re-

872

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the petition. _ Upon the days upon which said petition shall be in
order for hearing it shall take precedence of other cases upon the calen
dar, except cases for tenements let or held at will or by sufferance.
Decision.
S e c . 6 . The justice to whom said petition shall be referred by the
court shall hear such witnesses as may be presented by each party,
and in a summary manner decide the merits of the controvery. His
decision shall be filed in writing with the clerk, and a decree shall be
entered thereon. Such decree shall be enforceable by said superior
court by any suitable process, including executions against goods, chat
tels and real estate, and including proceedings for contempt for wilful
[willful] failure or neglect to obey the provisions of said decree. Such
decree shall contain findings of fact, which, in the absence of fraud,
shall be conclusive. The superior court may award as costs the actual
expenditures, or such part thereof as to the court shall seem meet,
but not including counsel fees, and shall include such costs in its
decree. The superior court may refuse to award costs, and no costs
shall be awarded against an infant or person under disability or against
guardian ad litem.
Appeals.
S e c . 7. Any person aggrieved by the final decree of the superior
court under this act may appeal to the supreme court upon any
question of law or equity decided adversely to the appellant by said
final decree or by any proceeding or ruling prior thereto appearing of
record, the# appellant having first had his objections noted to any
adverse rulings made during the progress of the trial at the time such
rulings were made, if made in open court and not otherwise of record.
The appellant shall take the following steps:
(a) Within ten clays after entry of said final decree he shall file a
claim of appeal and, if a transcript of the testimony and rulings or any
part thereof be desired, a written request therefor.
(b) Within such time as the justice of the superior court who heard
the petition, or, in case of his inability to act from any cause within
such time as any other justice thereof shall fix, whether by original
fixing of the .time, or by extension thereof, or by a new fixing after any
expiration thereof, the appellant shall file reasons of appeal stating
specifically all the questions of law or equity decided adversely to
him which he desires to include in his reasons of appeal, together with
a transcript of as much of the testimony and rulings as may be re
quired. The supreme court may allow amendments of said reasons
of appeal. Upon the filing of said reasons of appeal and transcript,
the clerk of the superior court shall present the transcript to the jus
tice who heard the cause for allowance. ^ The justice after hearing
and examination, shall restore the transcript to the files of the clerk
with a certificate of his action thereon made within twenty days
after filing the transcript, unless the twentieth day shall fall in vaca
tion, in which event the certificate may be filed at any time before
the first Monday in the following month of October.
If the transcript be not allowed byr the justice who heard the cause
within the time prescribed, or objection to his allowance be made by
any party, the correctness of the transcript may be determined by the
supreme court by petition filed within thirty^ days after filing the
transcript, unless the thirtieth day shall fall in vacation, in which
event the correctness of the transcript may be determined by petition,
filed on or before the tenth day after the first Monday in the following
month of October. In all other respects than in time of filing the
same course shall be followed as provided in section 21 of chapter
298 of the General Laws for establishing the truth of exceptions.
Certification of
S e c . 8 . Upon the restoration of the#transcript to the files, or, if
cause*
there be no transcript, then upon-the filing of the reasons of appeal, the
clerk of the superior court shall certify the cause and all papers to the
supreme court.
Effect of apS e c . 9. The claim of an appeal shall suspend the operation of the
pea
decree appealed from, but, in case of default in taking the procedure
required, such suspension shall cease, and the superior court upon
motion of any party shall proceed as if no claim of appeal had been
made, unless it be made to appear to the superior court that the default
no longer exists.

T E X T

O F

L A W S ---- R H O D E

IS L A N D .

873

S e c . 10. Any court day in the supreme court shall be a motion day Motion day.
for the purpose of hearing a motion to assign the appeal for hearing.
Sec. 11. The supreme court after hearing any appeal shall deter- Power of sumine the same, and affirm, reverse or modify the decree appealed Preme court*
from, and may itself take, or cause to be taken by the superior court,
such further proceedings as shall seem just. If a new decree shall be
necessary, it shall be framed by the supreme court for entry by the
superior court. Thereupon the cause shall be remanded to the supe
rior court for such further proceedings as shall be required.
S e c . 12. N o process for th e e x e c u tio n of a final decree
cou rt from w h ic h an a p p ea l m a y b e ta k e n shall issu e u n til
of te n d ay s after th e e n try thereof, unless a ll parties
su c h decree is m a d e w a iv e an ap p ea l b y a w ritin g filed
or b y causing an e n try thereof to b e m a d e on th e d oc k e t.

of th e superior
th e e x p ira tio n
a g ain st w h o m
w ith th e clerk

Execution,

S e c . 13. If, in the course of the proceedings in any cause, any Questions may
question of law shall arise which in the opinion of the superior court be certifiedis of such doubt and importance, and so affects the merits of the
controversy, that it ought to be determined by the supreme court
before further proceedings, the superior court may certify such ques
tion to the supreme court for that purpose, and stay all further pro
ceedings except such as are necessary to preserve the rights of the
parties.
S e c . 14. At any time before the expiration of two years from the
R e v i e w of
date of the approval of an agreement, or the entry of a decree fixing agreements> etc*
compensation, but not afterwards, and before the expiration of the
period for which compensation has been fixed by such agreement or
decree, but not afterwards, any agreement, award, findings, or decree
may be from time to time reviewed by the superior court upon the ap
plication of either party, after due notice to the other party, upon the
ground that the incapacity of the injured employee has subsequently
ended, increased, or diminished. Upon such review the court may
increase, diminish, or discontinue the compensation from the date of
the application for review, in accordance with the facts, or make such,
other order as the justice of the- case may require, but shall order no
change of the status existing prior to the application for review. The
finding of the court upon such review shall be served on the parties
and filed with the clerk of the court having jurisdiction, in like time
and manner and su )ject to like disposition as in the case of original
decrees: Provided, That an agreement for compensation may be
modified at any time by a subsequent agreement between the parties
approved by the superior court in the same manner as original agree
ments in regard to compensation are required to be approved by the
provisions of section 1 Article III of this act.
S ec. 15. The superior court shall prescribe forms and make suitable Forms as to
orders as to procedure adapted to secure a speedy, efficient, and inex- Procedurepensive disposition of all proceedings under this act; and in making
such orders said court shall not be bound by the provisions of the gen
eral laws relating to practice. In the absence of such orders, special
orders shall be made in each case.
S ec . 16. Proceedings shall be brought either in the county where the Place of action,
accident occurred or in the county where the employer or employee
lives or has a usual place of business. The court where any proceed
ing is brought shall have power to grant a change of venue.
S ec . 17. No proceedings under this act shall abate because of the D e a t h
no
death of the petitioner, but may be prosecuted by his legal representa- ^ n t.
abate“
tive or by any person entitled to compensation by reason of said death,
under the provisions of this act.
S e c. 18. A n e m p lo y e e ’s c la im for com p e n sation u n d er th is a c t sh a ll
b e barred u nless an a g reem en t or a p e titio n , as p ro v id e d in th is artic le ,
sh all b e filed w ith in tw o years after th e occurren ce of th e in ju r y , or,
in case of th e d e a th of th e e m p lo y e e , or, in th e e v e n t of h is p h y s ic a l or
m e n ta l in c a p a c ity , w ith in tw o years after th e d e a th of th e e m p lo y e e or
th e re m o v a l of su ch p h y sic a l or m e n ta l in c a p a c ity .

Limitation,

S ec . 19. If an employee receiving a weekly payment under this act Payments
shall cease to reside in the State, or, if his residence at the time of the nonresidents
accident is in an adjoining State, the superior court, upon the applica
tion of either party, may, in its discretion, having regard to the welfare

874

Settlement
disagreements.

injuries caused
by third persons.

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o f th e e m p lo y e e an d th e convenience of th e e m p lo y e r , order su ch p a y
m e n t to b e m a d e m o n th ly or q u a r te rly in ste a d o f w e e k ly .
S e c . 2 0 . A l l q u estio n s arisin g u n d e r th is a c t, i f n o t s e ttle d b y agreem e n £ 0 f th e parties in terested th e re in , s h a ll, e x c e p t as oth erw ise herein
p r o v id e d , b e d e te rm in e d b y th e superior cou rt.

Sec. 21 . Where the injury for which compensation is payable under
act wag cause(j under circumstances creating a legal liability in
some person other than the employer to pay damages in respect thereof,
the employee may take proceedings both against that person to recover
damages and against any person liable to pay compensation under this
act for such compensation, but shall not be entitled to receive both
damages and compensation; and if the employee has been paid com
pensation under this act, the person by whom the compensation was
paid shall be entitled to indemnity from the person so liable to pay
damages as aforesaid, and, to the extent of such indemnity, shall be
subrogated to the rights of the employee to recover damages therefor.

Record of proS e c .-22 (a d d e d b y c h . 936, a c ts of 1 9 1 3 ). T h e p ro ce e d in gs in a ll
cee ngs.
cases u n d e r th is a c t sh a ll b e d e e m e d m atters of record ; b u t th e sam e
sh a ll n o t b e req u ired to b e recorded a t large, b u t s h a ll b e filed an d
n u m b e re d in th e office of th e cle rk of th e superior court, an d a d o c k e t
o n ly , or short m em o ra n d u m thereof, sh a ll b e k e p t b y said cle rk , in
books p ro v id e d for th a t purpose.
A r t ic l e

IV.

ALTERN ATIVE SCHEMES PERMITTED.

Insurance, etc., S e c t i o n 1. Any employer may enter into an agreement with his
subsUtuted?y be employees in any employment to which this act applies to provide
a scheme of compensation, benefit, or insurance, in lieu of the com
pensation provided for in this act, subject to the approval of the su
perior court. Such approval shall be granted only on condition that
the scheme proposed provides as great benefits as those provided by
this act; and if the scheme provides for contributions by employees,
it shall confer additional benefits at least equivalent to these contribu
tions. If such a scheme meets with the approval of said court, the
clerk shall issue a certificate enabling the employer to contract with
any or all of his employees in employments to which this act applies
to substitute such scheme for the provisions of this act for a period of
not more than five years.
Wh a t t he
Sec. 2 . No scheme which provides for contributing by employees
pro\ideS must shall be so certified which does not contain suitable provisions for
the equitable distribution of any money or securities held for the
purpose of the scheme, after due provision has been made to discharge
the liabilities already incurred, if and when such certificate is revoked
or the scheme otherwise terminated.
Revocation, of Sec. 3. If at any time the scheme no longer fulfills the requirements
certificates.
ar^ cje? or no^ fairiy administered, or any other valid and sub
stantial reason therefor exists, the superior court, on reasonable notice
to the interested parties, shall revoke the certificate and the scheme
shall thereby be terminated.
A r t ic l e

V (added by ch. 1268. acts of 1915).

INSURANCE AGAINST LIABILITY TO PAY COMPENSATION.
S e c t i o n 1. Every employer who has elected to become subject to
the provisions of this act as provided in section 5 of Article I thereof
shall secure in one of the following ways the compensation for which
he is or may become liable under said act:
insurance.
i. By insuring and keeping insured against liability to pay such
compensation in any stock or mutual company or association authorized
to take such risks in this State.
.
finan- 2. By furnishing a sworn statement or other proof, from time to
c ao
time, reasonably satisfactory to the commissioner of industrial statis
tics, of his financial ability to pay directly to injured employees or
their dependents such compensation: Provided, That such statement or
proof shall be approved by said commissioner, who shall give written
notice thereof to the employer: And provided further, That demand for
such statement or proof shall not be made upon the employer by the
said commissioner oftener than once in any calendar year: A n d provided
Securing

pay-

ments‘

TEX T OF L A W S ---- RHODE ISLAN D .

873

further, T h a t a n y p a rty ag grieved b y a n y unreasonable re q u ire m e n t or
d e m a n d of said com m ission er m a y a p p e a l to th e superior court, an d th e
p rovision s of section 8 sh a ll n o t a p p ly w h ile said a p p e a l is p e n d in g .
3. B y fu rn ish in g security^ in d e m n ity , or a b o n d , reaso n ab ly satisFurnishing infactory to said com m issioner., g u aran teein g th e p a y m e n t of su ch com etcpe n sation .
S u ch b o n d sh a ll run to th e said com m ission er for th e
b e n e fit of th e e m p lo y e e s an d th e ir d e p e n d e n ts, a n d , w ith su ch in d e m
n ity or se c u r ity , sh a ll b e d e p o site d w ith h im .
4 . B y a co m b in a tio n of th e la st tw o of th e foregoing m eth o d s.
Combination of
S e c . 2 . E v e r y p o lic y hereafter
w ritten in su rin g th e p a y m e n t of m
ods*
co m p e n sa tio n u n d er th is a c t shall con ta in provisions to th e e ffe c t
Provisions
of
th a t as b e tw e e n th e e m p lo y e e an d th e insurer n o tic e to an d k n o w l- Pollciesed g e of th e occurren ce of in ju r y on th e p art of th e e m p lo y e r sh a ll b e
d e e m e d n o tic e a n d k n o w le d g e on th e p a rt of th e in su re r; th a t ju r is
d ic tio n of th e e m p lo y e r for th e purpose o f th is a c t sh a ll b e ju risd ictio n
of th e in surer, an d th a t t h e in su rer sh a ll in a ll th in g s b e b o u n d b y an d
su b je c t to th e fin d in gs, ju d g m e n ts, orders, an d d ecrees rendered a g ain st
th e e m p lo y e r for th e p a y m e n t of c om p en sation u n d e r th is act.
S e c . 3. E v e r y su c h p o lic y s h a ll cover th e e n tire lia b ili t y of th e e m - Direct
p a yp lo y e r u n d e r th is a c t a n d sh a ll co n ta in a n a g re e m e n t b y th e in surer to mentsth e e ffe c t th a t th e in surer s h a ll b e d ir e c tly an d p rim a rily lia b le to th e
e m p lo y e e , a n d , in th e e v e n t of h is d e a th , to h is d e p e n d e n ts , to p a y to
h im or th e m th e c o m p e n sa tio n , if a n y , for w h ic h th e e m p lo y e r is lia b le .
S e c . 4 . E v e r y su c h p o lic y sh a ll also p ro v id e th a t th e e m p lo y e e , or, , E m p l o y e e s ’
in th e e v e n t of h is d e a th , h is d e p e n d e n ts, sh a ll h a v e a first lie n u p o n a n y lien*
a m o u n t w h ic h sh a ll b e co m e ow in g on ac c o u n t of su c h p o lic y to th e e m
p lo y e r from th e in surer b e ca u se o f a n y a c c id e n t to su c h e m p lo y e e , an d
th a t in ease of th e le g a l in c a p a c ity or in a b ilit y of th e e m p lo y e r to re
c e iv e th e said a m o u n t an d p a y i t o v er to th e e m p lo y e e or h is d e p e n d
e n ts, th e said in surer m a y an d sh a ll p a y th e sam e d ir e c tly to th e said
e m p lo y e e or h is d e p e n d e n ts, th e r e b y disch a rgin g to th e e x t e n t of su c h
p a y m e n t th e o b ligation s o f th e e m p lo y e r to th e e m p lo y e e or h is d e p e n d
e n ts ; a n d n o su c h p o lic y sh a ll co n ta in a n y pro vision s re lie v in g th e in surer
from p a y m e n t b e ca u se o f th e e m p lo y e r ’ s in a b ilit y to p a y on acc o u n t of
in s o lv e n c y , b a n k r u p tc y , or o th erw ise-d u rin g th e period th a t th e p o lic y
is in force or th e c o m p en sation re m a in s ow in g.
S e c . 5. A n y e m p lo y e e e n title d to c om p e n sation from h is e m p lo y e r Recovery ana
u n d e r th is a c t sh a ll, irre sp e c tiv e of a n y in su ran ce contract, h a v e t h e enforceme4lt'
rig h t to recover su c h c o m p e n sa tio n d ir e c tly from th e e m p lo y e r in th e
m an n er p ro v id e d in th is a c t, an d in a d d itio n thereto th e righ t to enforce
i n h is ow n n a m e , i n th e m an n er p ro v id e d in th is a c t, e ith e r b y m a k in g
th e in surer a p a r ty to th e origin al p e titio n or b y filin g a separate p e ti
tio n , th e lia b ilit y of a n y in surer w h o m a y h a v e in su red th e e m p lo y e r
again st lia b ility for su c h c o m p e n sa tio n : Provided, however, T h a t p a y
m e n t in w h ole or in p a rt of su c h c om p e n sation b y e ith e r th e e m p lo y e r or
in surer sh a ll, to th e e x te n t th ereo f, b e a bar to re c o v ery again st th e other
of th e a m o u n t so p a id : And provided further, T h a t as b e tw e e n th e e m
p lo y e r an d th e in su rer, p a y m e n t b y e ith e r d ir e c tly to a n y e m p lo y e e s h a ll
b e su b je c t to th e c on d itio n s of th e in su ran ce con tract b e tw e e n th e m .
S e c . 6. W h e n a n y e m p lo y e r is in su red ag ain st lia b ility for c om p e n sa- I n s u r e r ’ s
tio n an d th e in surer sh a ll h a v e p a id a n y c om p e n sation for w h ic h th e ng s*
e m p lo y e r w as lia b le , or sh a ll h a v e assu m ed th e lia b ility of th e e m p lo y e r
therefor, th e in surer s h a ll b e sub rogated to a ll th e rights an d du tie s of
th e e m p lo y e r a n d m a y en force su c h righ ts in h is o w n n a m e .
S e c . 7. E v e r y con tract hereafter m a d e for th e in su ran ce of th e c o m Presumption as
p en sation p ro v id e d for in th is a c t, or again st lia b ilit y therefor, s h a ll b e )Jacts!lrauCe C° U*
d e e m e d to b e m a d e s u b je c t to th e pro vision s of th is a c t, an d a ll p r o v i
sio n s of su c h p o lic ie s in co n siste n t w ith th is a c t sh a ll b e v o id .
S e c . 8. I f a n y e m p lo y e r sh a ll fa il to c o m p ly w ith th e p rovision s of E m p l o y e r ’ s
th is article w ith in te n d a y s after said artic le sh a ll ta k e e ffe c t, or in case p\yire
0 com*
h e sh a ll e le c t to b e co m e s u b je c t to th e pro vision s of th is a c t after th is
article tak es e ffe c t, th e n w ith in te n d a y s after su c h e le c tio n h e sh a ll be
lia b le for c om p e n sation to a n y in ju re d e m p lo y e e or h is d e p e n d e n ts,
accord in g to th e pro visions of th is a c t, or for d am ages in th e sam e
m an n er as i f th e e m p lo y e r h a d n o t e le c te d to b e co m e su b je c t to th e pro
v isio n s of said a c t, a t th e o p tio n of su c h e m p lo y e e or h is d e p e n d e n ts :
Provided, T h a i s u c h op tion is ex e rc ised an d n o tice thereof in w ritin g
g iv e n to th e e m p lo y e r w ith in th ir ty d a y s after th e a c c id e n t to su ch

876

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employee, otherwise the employer shall be liable only for the compensation payable under this act by employers who have elected to
become subject to the provisions of said act.
Liability insur- SEc. 9 .^Every policy hereafter written insuring against liability for
ance*
personal injuries, other than payment of compensation under this act,
shall contain^ provisions to the effect that the insurer shall be directly
liable to the injured party, and, in the event of his death, to the party
entitled to sue therefor, to pay him the amount of damages for which
such insured is liable. Such injured party, or, in the event of his death,
the party entitled to sue therefor, in his suit against the insured, may
join the insurer as a defendant, in which case judgment shall bind either
or both the insured and the insurer, or said injured party or, in the event
of his death, the party entitled to sue therefor, after having obtained
judgment against the insured alone, may proceed on said judgment in
a separate action against said insurer: Provided, however, That payment
in whole or in part of such liability by either the insured or the insurer
shall, to the extent thereof, be a bar to recovery against the other of the
amount so paid: And provided further, That in no case shall the insurer
be liable for damages beyond the amount of the face of the policy.
All policies made for the insurance against liability described in this
section shall be deemed to be made subject to the provisions thereof,
and all provisions of such policies inconsistent herewith shall be void.
A rtic le

VI (added by ch. 1268, acts of 1915).
REPORT OF ACCIDENTS.

Accidents to be S ection 1. Every employer who shall be or become subject to the
reported.
provisions of this act shall report in writing to the commissioner of in

dustrial statistics all personal injuries sustained by accident by em
ployees arising out of and in the course of their employment, if such
injuries prove fatal or incapacitate the employee from earning full
wages for a period of at least two weeks. If such injuries are immediate
ly fatal, such report shall be made within 48 hours after they occur, and
if they prove fatal later, then within 48 hours after death shall occur and
come to the knowledge of the employer; if such injuries are not fatal,
such report shall be made within one week after the expiration of such
period of two weeks; at the termination of the period of incapacity,
Supplementary regardless of its duration, a supplementary report in writing shall be
rep
made. All reports required by the provisions of this section shall be
made upon blanks supplied by said commissioner. If the employer
Agreement be- and employee reach an agreement in regard to compensation under this
and^mployee? 61 act>with the memorandum of such agreement filed in the office of the
clerk of the superior court in accordance with section 1 of Article III of
this act, a duplicate of such memorandum shall be filed, and upon the
approval of said agreement by the court said duplicate, duly attested by
the clerk, shall be forthwith sent by the clerk to said commissioner.
Penalty.
S ec. 2 . Any such employer who refuses or neglects to make the
reports required by the provisions of the last preceding section shall be
deemed guilty of a misdemeanor, and upon conviction thereof may be
punished by a fine of not more than $50 for each offense.
No other re- gEc. 3 . No report of injuries to employees other than those required
ports required,
a(^.
reqUired by any other department or officer of the
State from employers to whom the provisions of this act apply, and
copies of all such reports received by the commissioner of industrial
statistics in accordance with the requirements of this act shall be trans
mitted by him immediately to the factory inspector.
Reports as evi- sEc. 4. No report required by this act shall be admitted in evidence
aence.
or referred to at the trial of any action or in any judicial proceedings
whatsoever, except in prosecutions for the violation of this act.
Reports confi- s Ec. 5. No such report, or part or copy thereof, shall be open to the
aent
public, nor shall any of the contents thereof be disclosed in any manner
or be permitted to become known by any officer or employee of the
State or other person having access thereto, but the same shall be used
for State investigation and statistics only, and such statistics shall in no
way disclose the identity of the employer making the report. Any
person who violates the provisions of this section shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be punished by a
fine of not more than $100 for each offense, and if the offender be an

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officer or employee of the State, he shall be dismissed from the office and
be incapable thereafter of holding an office under the State for a period
of one year.
Sec. 6 . In so far as is not inconsistent with other provisions of this Supervision of
act, the commissioner of industrial statistics shall have general su- compensation
act,
pervision of the operation of said act, and from time to time he may
furnish employers and employees with such information relative to
said act as may assist them in an understanding of their rights and
obligations thereunder. The annual salary of the commissioner of Salary.
industrial statistics is hereby fixed at $5,000; and the State auditor
is hereby authorized to draw his order or orders on the general treas
urer from time to time for the payment of said sum, or so much thereof
as may be necessary, and the sum of §5,000 is hereby annually appro
priated for said purpose.
The sum of $1,500, or so much thereof as may be necessary, is hereby Expenses.
appropriated out of any money in the treasury not otherwise appro
priated, in addition to moneys heretofore appropriated, for the pur
pose of carrying this act into effect.
S ec . 7. The provisions of this article shall not apply to any public Exemptions.
utility which is now required by law to make reports of accidents to
the public utility commission.
A r t ic l e

V II (added by ch. 1534, acts of 1917).

state

and

m u n ic ip a l

em plo yees.

1. The acceptance of the provisions of this act by a town
shall be by vote of the electors of such town qualified to vote on a
proposition to impose a tax or for the expenditure of money in town
meeting assembled, or by vote of the town council of any town when
authorized by such electors to accept the provisions of this act in
behalf of such town. The acceptance of the provisions of this act by
a city shall be by vote of the city council of such city. Said electors
of a town, or the town council authorized as aforesaid, or the city
council of a city, in accepting the provisions of this act in behalf of
such town or city may also designate the class of employees or the
nature of the employment to which the provisions of this act shall
apply. Upon the passage of any such vote of acceptance the town
or city clerk as the case may be, shall file a certified copy of such
vote with the commissioner of industrial statistics, and such tiling
shall be deemed on the part of such town or city a sufficient compli
ance with the provisions of section 5 of Article I of this act requiring
notice of the election of an employer to become subject to its provi
sions. If such vote does not designate the class of employees or the
nature of the employment to which the provisions of this act are to
apply, then such provisions shall apply to ail employees of the town
or city in behalf of which such vote is passed, except those employees
who are excluded under the definition of employees set forth in section
1 of Article V III of this act. The filing of a coj)y of such vote as
herein provided shall render the town or city in behalf of which such
vote is filed, subject to the provisions of this act in accordance with
such vote for the term of one year from the date of such filing, and
thereafter for successive terms of one year each, unless such vote of
acceptance shall be rescinded by said electors or the town council of
such town, or the city council of such city, and a certified copy of
such rescindment shall be filed with the commissioner of industrial
statistics at least sixty days prior to the expiration of such first or each
succeeding year.
S ec . 2. All notices required to be given by an employee to an employer under the provisions of section 0 of Article 1 and of sections
17 to 19, inclusive, of Article II of this act, and all other notices re
quired to be given to an employer by an employee under this act, if
the employer be the State, shall be given to the attorney general, and
if the employer be a city or town shall be filed with and given to the
treasurer of such city or town.
S ec . 3. The services required to be rendered by an employer to
an injured employee under the provisions of section 5 of Article II of this
act, if the employer be the State, shall be rendered under the direc
tion of a physician appointed for that purpose by the attorney general
and if the employer be a town or city, shall be rendered by a physiS e c t io n

Towns to vote*

Cities,

Vote to be filed

Notices,

Physicians,

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cian appointed for that purpose by the town council of the town or
the city council of the city: Provided, That in an emergency it shall
be the duty of the board, commission, officer, or other person having
direct charge of an injured employee to see that such services are
promptly provided for the aid of such employee until the physician
appointed as aforesaid has notice of and can take charge of the case;
but nothing herein contained shall be construed to prohibit an em
ployee from selecting the physician bv whom, or the hospital in which
he desires to be treated as provided in section 5 of Article II hereof.
Expenses.
All expenses incurred under this section, not exceeding the sum re
quired by law to be expended therefor, shall in the case of the State
be certified to the State auditor by the attorney general and in the
case of a city or town to the treasurer thereof by the physician ap
pointed as aforesaid, and such expenses shall be paid as is provided
for other payments required to be made by the State, a city, or town
under this act.
Agreements.
S EC. 4 . The attorney general shall have full authority and power
to enter into and execute an agreement for the settlement of any
claim which an employee may have against the State under this act.
When any town or city shall accept the provisions of this act, the
town council of such town and the city council of such city shall ap
point some person or persons not* exceeding three in number, who
shall have authority and power to enter into and execute an agreement
for the settlement of any claim which a,n employee may have against
such town or city under this act; and the names of the persons so
appointed shall be recorded in the office of the town clerk or city
clerk, as the case may be, and such appointments shall continue in
force until revoked by vote of the body by whom the appointments
m e made. All agreements made by the attorney general shall be
certified to the State auditor, and all agreements made by the persons
appointed hereunder to act for any town or city shall be certified to
the treasurer of such town or city. Every such agreement entered into
in behalf of the State or of a town or city shall be subject to the pro
visions of Article III of this act.
State expenses.
S ec . 5. The expenses incurred for and in behalf of the State under
the provisions of section 5 of Article II of this act, and section 3 of
this article, and the amount of compensation due to any employee of
the State as determined by agreement with the attorney general as
aforesaid, or by decree of the court, shall be paid out of any money in
the State treasury not otherwise appropriated; and the State auditor
shall draw his order or orders upon the general treasurer for the pay
ment of the same upon the receipt by him of a certified copy of the
agreement or decree under which such compensation is to be made.
If more than one payment of money is required by any such agree
ment or decree the State auditor shall draw his order upon the general
treasurer for the same as such payments become due.
Town and city
g EC. 6 . The expenses incurred for and in behalf of any town or city
expenses.
under the provisions of section 5 of Article II, and section 3 of this
article, and the amount of compensation due an employee of a town
or city as determined by an agreement with such town or city as
aforesaid, or by decree of court, shall be paid by the treasurer of such
town or city out of any money of such town or city in his hands. Such
payments shall be made by said treasurer upon the receipt by him
of a certificate of such expenses satisfactory to him, or of a certified
copy of the agreement or decree under which the compensation is to
be made: Provided, That he shall not make any such payment until
the same has been approved by the auditor of such city or town if
there be any such officer and if there is not any such officer then such
payment shall first be approved by the mayor of such city or the
president of the town council of such town. If more than one pay
ment of money is required by any such agreement or decree, such
payments shall be made in the manner aforesaid as the same become
due. If any expenses or compensation required to be paid by a
town or city under the provisions of this act, or any installment
thereof, is not paid within twenty dayTs after the aforesaid certificate
or certified copy is filed with the treasurer of said town or city, the
same may be collected in the manner in which a judgment against a
town or city may be collected under the provisions oi chapter 46 oi
the General Lawsv

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S e c . 7. Legal proceedings under this act between the State, a city, . i-egal proceed*
or town as an employer and any employee thereof shall be brought in mgs*
the same manner and with the same force and effect as is prescribed
herein for any other employer and employee: Provided, That if the
State be a party to any such proceedings the same shall be brought for
and in behalf of the State, in the name of, and by or against the attor
ney general, and sendee therein shall be made on said officer; and if a
town or city be a psrty to any such proceedings the same shall be
brought for and in behalf of such town or city, in the name of, and by
oa* against the treasurer of such town or city and service therein shall
be made on such treasurer. The attorney general shall appear for
and repiesent the State in any such proceedings in which the State
is a, party. The provisions of any other law relating to the filing of
claims or demands against a town or city shall not apply to claims of
compensation, or legal proceedings arising under this act, to which a
town or city is a party.
S e c . 8 . The provisions of this act requiring employers to insure
insurance,
against liability to pay compensation arising under the provisions
of this act and to report certain accidents of employees shall not apply
to the State or any town or city therein.
Sec. 9. Wherever in this act the words “ city council” are used, “ City council.”
they shall be construed in the case of the city of Newport to mean the
representative council of said city.
Approved April 19, 1917.

A rtic le

VIII (renumbered b y ch. 1534, acts of 1917).
MISCELLANEOUS PROVISIONS.

1 (as amended by ch. 1534, acts of 1917V In this act, unless Definitions,
the context otherwise requires—
(a) The word “ employer” shall include any person, copartnership,
corporation, or voluntary association, and the legal representative of a
deceased employer, and on and after the first day of June, #A. 13. 1917,
it shall include the State, and also each city and town therein that shall
vote to accept the provisions of this act in the manner herein provided.
(b) The word “ employee” means any person who has entered into
the employment of, or works under contract of service or apprentice
ship with any employer, and whose remuneration does not exceed
eighteen hundred dollars a year, except that in the case of a city or
town it shall only mean such class or classes of employees as may be
designated by a city or town in the manner herein provided to receive
compensation under this act. It shall not include a person whose
employment is of a casual nature and who is employed otherwise than
foi the purpose of the employer’s trade or business, nor shall it include
the members of the legularly organized fire and police department of
any town or city, and whenever a contractor has contracted with the
State, a city, or town any person employed by such contractor in work
under such contract shall not be deemed an employee of the State,
city, or town, as the case may be. Any reference to an employee who
has been injured shall, where the employee is dead, include a reference
to his dependents, as hereinbefore denned, or to his legal representative,
or, where he is a minor or incompetent, to his conservator or guardian.
Sec. 2. Nothing in this act shall affect the liability of the employer Other statutes.
to a fine or penalty under any other statute.
Sec. 3. The provisions of this act shall not apply to injuries sus Trior acci4e:u
tained, or accidents which occur, prior to the taking effect thereof.
Sec. 4. If any section of this act shall be declared unconstitutional Sections
or invalid, such unconstitutionality or invalidity shall in no way affect ^teiy!
the \alidity of any other portion thereof which can be given reasonable
effect without the part so declared unconstitutional or invalid.
Sec. 5. In all cases where an employer and employee shall have AH
c t io il fo f
elected to become subject to the provisions of this act the provisions of
110 a'L
*
section 14 of chapter 283 of the General Laws [giving a right to sue for
damages for death by wrongful act] shall not apply while this act is
in effect.
S e c . 7. This act may be cited as “ Workmen’s compensation act.”
TiWeS e c . 8 . This act shall take effect on the 1st day of October, 1912.
Act in effect.
Approved April 29,1912.
S e c t io n

SOUTH DAKOTA.
COMPILED LAWS OF 1919.
COMPENSATION OF W O R K M EN FOR INJUR IES.

S e c t io n 9436. This article shall be known as the South Dakota work
men’s compensation law.
Presumption.
S ec . 9437. Every employer and employee, except as stated in this
article, shall be presumed to have accepted its provisions respectively
to pay and accept compensation for personal injury or death by acci
dent arising out of and in the course of employment, and shall be bound
thereby except as hereinafter provided; and every contract of service
between any employer and employee covered by this article, express
or implied, in operation on the first day of July, 1917, or made or im
plied, prior thereto, shall be presumed to continue.
Waiver of reS ec . 9438. Any employer, or any employee who has exempted him^ectlon*
self, as hereinafter provided, from the operation of this article, may at
any time waive such exemption and thereby accept the provisions of
this article by giving notice as herein provided. Such notice of exemp
tion or acceptance shall be given thirty days prior to any accident re
sulting in injury or death: Provided, That if any such injury occurs less
than thirty days after the date of employment, notice of such exemp
tion or acceptance given at the time of employment shall be sufficient.
The notice shall be in writing, in a form substantially as prescribed by
the industrial commissioner, and shall be given by the employer by
posting the same in a conspicuous place in the plant, shop, office, room
or place where the employee is employed, or by serving it personally
upon him; and shall be given by the employee by sending the same in
registered letter, addressed to the employer at his last known residence
or place of business, or by giving it personally to the employer, or any
of his agents upon whom a summons in a civil action may be served
under the laws of the State; and a copy of such notice shall be filed
with the industrial commissioner.
Insurance.
gEC. 9439. Every employer coming within the compensation provi
sions of this article shall insure the payment of compensation to his em
ployees 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 hereinafter specified.
^Remedy exclus EC. 9440. The rights and remedies herein granted to an employee
sive*
subject to this article, on account of personal injury or death by acci
dent arising out of and in the course of employment, shall exclude all
other rights and remedies of such employee, his personal representa
tives, dependents or next of kin, on account of such injury or death.
Statutory duty.
S ec. 9441. Nothing in this article shall be construed, to relieve any
employer or employee from any penalty imposed for failure or neglect
to perform any statutory duty in connection with such employment.
Willful,
etc.,
S ec. 9442. No compensation shall be allowed for any injury or death
acfcs>
due to the employee’s willful misconduct^ including intentional selfinflicted injury, intoxication, and willful failure or refusal to use a safe
ty appliance or perform a duty required by statute: Provided, That the
burden of proof under this section shall be on the defendant employer.
Em ploym ents
S e c . 9443 (as amended by ch. 364, acts of 1919). This article shall
excluded.
not apply to an employee whose employment is both casual and notin
the usual course of trade, business, profession, or occupation of the em
ployer; to farm laborers; to domestic servants nor to employers of any
such persons, unless such employees and their employers voluntarily
elect, in the manner hereinafter specified, to be bound by this article.
Defenses abro- SEC. 9444. No employer who elects not to operate under this article
gated.
shall, in any action at law by an employee electing to operate under
this article, to recover damages for personal injury or death by acci
dent, be permitted to defend any such action upon any of the follow
ing grounds:
Title.

880

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881

1. That the employee was negligent ;
2. That the injury was caused by the negligence of a fellow em
ployee; or,
3. That the employee had assumed the risk of the injury.
S ec . 9445. In any action to recover damages for personal injury or A v a i l a b l e
death, brought by any employee who elects not to operate under this en'
article, against any employer accepting the compensation provisions
of this article, the employer may avail himself of the defenses of con
tributory negligence, negligence of a fellow servant and assumption of
risk, and such other defenses as would be available in such actions in
absence of this article.
S e c . 9446. Whenever an injury for which compensation is payable th^i?bility
of
under this article shall have been sustained under circumstances hird persons*
creating in some other person than the employer a legal liability to pay
damages in respect thereto, the injured employee may at his option
either claim compensation or proceed at law against such other person
to recover damages, or proceed against both the employer and such other
person, but he shall not collect from both; and if compensation is
awarded under this article, the employer having paid the compensa
tion, or having become liable therefor, may collect in his own name or
that of the injured employee, from the other person against whom legal
liability for damages exists, the indemnity paid or payable to the
injured employee.
Sec. 9447. A principal, intermediate or subcontractor shall be liable Contractors,
for compensation to any employee injured while in the employ of any one
of his subcontractors and engaged upon the subject matter of the con
tract, to the same extent as the immediate employer. Any principal,
intermediate or subcontractor who shall pay compensation under the
provisions of this section ^nay recover the amount paid from any per
son who, independently of this section, would have been liable to pay
compensation to the injured employee. Every claim for compensa
tion under this section shall in the first instance be presented to and
instituted against the immediate employer, but such proceeding shall
not constitute a waiver of the employee’s rights to recover compensa
tion under this article from the principal or intermediate contractor:
Provided, That the collection of full compensation from one employer
shall bar recovery by the employee against any others. Nor shall he
collect from all a total compensation in excess of the amount for which
any of such 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.
S e c . 9448. No contract or agreement, express or implied, no rule,
Waivers,
regulation, or other device, shall in any manner operate to relieve any
employer in whole or in part of any obligation created by this article
except as herein provided.
S e c . 9449. All rights of compensation granted by this article shall Preference of
have the same preference or priority for the whole thereof against the claimsassets of the employer as is allowed for any unpaid wages for labor.
S ec . 9450. No claim for compensation under this article shall be Assignments,
assignable, and all compensation and claims therefor shall be exemptetc*
from all claims of creditors.
S ec . 9451. The provisions of this article, except sections 9438, Public employ9444, and 9445, shall apply to the State and any municipal corporation eeswithin the State, or any political division thereof, and to the em
ployees thereof.
S ec . 9452. This article, except sections 9478 and 9479, shall not interstate comapply to employees engaged in interstate or foreign commerce, nor to merce*
their employers, in case the laws of the United States provide for com
pensation or for liability for injury or death by accident of such
employees.
S ec . 9453.^Every employer and employee under this article, except Accident with*
as provided in the preceding section, shall be bound by the provisions out state*
of the article, whether injury by accident or death resulting from such
injury, occurs within this State or in some other State or in a foreign
country.
377982°— 21— B ull. 272------- 56

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S e c . 9454. The provisions of this article shall not apply to injuries,
deaths, or accidents which occurred prior to the first day of July, 1917.
Notice of inS e c . 9455. Every injured employee or his representative shall
jury'
immediately, upon the occurrence of an injury, or as soon thereafter as
practicable, give or cause to be given to the employer written notice
of the injury, and the employee shall not be entitled to a physician’s
fee nor to any compensation which may have accrued, under the
terms of this article, prior to the giving of such notice, unless it can be
shown that the employer, his agent or representative had knowledge
of the injury or death, or that the person required to give such notice
had been prevented from doing so by reason of physical or mental
incapacity or the fraud or deceit of some third person, or other equally
good reason; but no compensation shall be payable unless written
notice is given within thirty days after the occurrence of the injury
or death, unless reasonable excuse is made to the satisfaction of the
industrial commissioner for not giving such notice.
Form.
s Ec. 9456. The notice provided in the preceding section shall state
in ordinary language the name and address of the employee, the time,
place, nature, and cause of the injury or death, and shall be signed by
the employee or by a person on his behalf, or, in the event of his death,
by any one or more of his dependents, or by a person on 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 the extent of such prejudice. Such notice
shall be given personally to the employer or any of his agents, upon
Service.
whom a summons in a civil action may be served under the laws of
this State, or may be sent by registered letter addressed to the em
ployer at his last known residence or place of business.
Limitation.
S e c . 9457. The right to compensation under this article shall be
forever barred unless, within one year afte* the injury or, if death
results therefrom, within one year after such death, a claim for com
pensation thereunder shall be "filed with the industrial commissioner.
. Compensation
S e c . 9458 (as amended by ch. 363, acts of 1919). The amount of
for death.
compensation which shall be paid for an injury to the employee result
ing in death shall b e :
1. If the employee leaves any widow, child, or children whom he
was under legal obligation to support at the time of his injury, a sum
equal to four times the average annual earnings of the employee, but
not less in any event than one thousand, six hundred and fifty dollars,
and not more in any event than three thousand dollars. Any com
pensation payments other than necessary medical, surgical, or hospital '
fees or services shall be deducted in ascertaining the amount payable
on death.
2 . If no amount is payable under paragraph 1 of this section, and the
employee leaves any parent, grandparent, brothers, or sisters who
were dependent upon him for support at the time of the accident, a
sum equal to four times the average annual earnings of the employee,
but not less in any event than one thousand, six hundred and fifty
dollars and not more in any event than three thousand dollars. Any
compensation payments other than necessary medical, surgical, or
hospital fees or services shall be deducted in ascertaining the amount
payable on death.
3. If no amount is payable under paragraphs 1 or 2 of this section,
and the employee leaves collateral heirs dependent at the time of the
injury to the employee upon his earnings, such a percentage of the sum
provided in paragraph 1 of this section as the average annual contribu
tions which the deceased made to the support of such collateral de
pendent heirs during two years preceding the injury bear to his earn
ings during such two years.
4. If no amount is payable under paragraphs 1, 2 , or 3 of this section,
a sum not to exceed one hundred and fifty dollars for burial expenses.
5. All compensation, except for burial expenses, provided for in this
section to be paid in case injury results m death, shall be paid in
installments equal to one-half the average earnings, at the same
intervals at which the wages or earnings of the employee were paid;
or if this shall not be feasible, then the installments* shall be paid
weekly: Provided, Such compensation may be paid in a lump sum
upon petition as provided in section 9460.
Prior accidents.

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6. The compensation to be paid for injury which results in death,
as provided in this section, shall be paid at the option of the employer
either to the personal representative of the deceased employee or to fiis
beneficiaries, and shall be distributed to the heirs who formed the basis
for determining the amount of compensation to be paid by the employer,
the distributees’ shares to be in the proportion 01 their respective de
pendency at the time of the injury on the earnings of the decedent:
Provided, That in the judgment of the court appointing the personal
representative, a child’ s distributive share may be paid to the parent
for the support of the child. The payment of compensation by the
employer to the personal representative of the deceased employee
shall relieve him of all obligation as to the distribution of sucn com
pensation so paid. The distribution by the personal representative of
the compensation paid to him by the employer shall be made pur
suant to the order of the court appointing him.
7. No compensation shall be payable under this Section to a widow
unless she was living with her deceased husband at the time of his
death, or was then dependent upon him for support. Should any
dependent of a deceased employee die, the right or such dependent to
compensation under this section ceases. In case of remarriage of 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.
Sec. 9459 (as amended by ch. 363, acts of 1919). The amount of C om pen sation
compensation which shall be paid to the employee for an injury not for injury,
resulting in death shall b e :
1 . The employer shall provide necessary first aid, medical, surgical,
and hospital services; also medical and surgical supplies and apparatus Medical, etc.,
during disability and treatment and hospital services for a period not aLdlonger than twelve weeks, not to exceed, however, the amount of
$150. The employee may elect to secure his own physician, surgeon,
or hospital services at his own expense.
2 . No compensation shall be paid under this act for an injury which Waiting time,
does not incapacitate the employee for a period of at least 10 days
from earning full wages, except as otherwise hereinafter provided; but
if incapacity extends beyond the tenth day, compensation shall begin
the eleventh day after the injury: Provided, however, That if such
disability continues for six weeks or longer such compensation shall be
computed from the date of injury; such compensation to be equal to
55 per cent of his earnings, but not to exceed $12 nor less than $6.50 Rate,
per week, except when amount earned is less than $6.50 per week, in
which case the amount shall be the average weekly wage earned: And
provided further, That in case such injured employee is treated or ex
amined by any physician employed or recommended by the employer,
it shall be the uuty of such physician on the eleventh day after such
injury, or as soon thereafter as possible, to certify to the employer the Physician’s eernumber of days prior thereto during which the injured employee has tifieate.
by reason of such injury been incapacitated from earning full wages,
if in the judgment of such physician such employee has been so inca
pacitated, and such employee"shall be entitled to compensation there
for. Such physician shall be entitled to a fee of fifty cents (50 cents)
for such certificate, to be paid by the employer, and which certificate
shall, if so requested by the employee, be submitted by the employer
for inspection: And provided further, That liability for payment of the
compensation, if any to which the injured employee may be entitled
for all or any of the first 10 days after the injury under the conditions D i r e c t p a y hereinbefore specified in this subdivision may by mutual agreement ments.
between the employer and the insuring company be expressly excepted
from the policy of insurance required in section 9482 of said revised
code, in which event such compensation if any shall be paid by the
employer to the injured employee and without recourse upon the
insuring company.
3. For any serious and permanent disfigurement to the hand, head, Disfigurements,
or face, the employee shall be entitled to compensation for such dis
figurement, the amount to be fixed by agreement or by arbitration in
accordance with the provisions of this article, which amount shall not
exceed one-quarter of the amount of the compensation which would
have been payable as a death benefit under paragraph 1 of the preced-

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ing section if the^ employee had died as a result of the injury at the
time thereof, leaving heirs surviving, as provided in paragraph 1 of the
preceding section: Provided, That no compensation shall be payable
under this paragraph where compensation is payable under paragraph
4, 5, or 6 of this section: And provided further, That when disfigurement
is to the hand, head, or face as a result of an injury for which compensa
tion is not payable under paragraph 4, 5, or 6 of this section, compensa
tion for such disfigurement may be had under this paragraph.
Partial disabil- 4 . j f ? after the injury has been sustained, the employee as a result
thereof becomes partially incapacitated from pursuing his usual and
customary line of employment, he shall, except in the cases covered
by the specific schedule set forth in paragraph 5*of this section, receive
compensation, subject to the limitations as to time and maximum
amounts fixed in paragraphs 2 and 8 of this section, equal to one-half
of the difference between the average amount which he earned before
the accident, and the average amount which he is earning or is able to
earn in some suitable employment or business after the accident. In
the event the employee returns to the employment of the employer in
whose service he was injured, the employee shall not be barred from
asserting a claim for compensation under this article: Provided, Notice of
such claim is filed with the industrial commissioner within eighteen
months after he returns to such employment, and the commissioner
shall immediately send to the employer by registered mail a copy of
such notice.
Schedule.
5 . For injuries in the following schedule the employee shall receive,
in addition to compensation during the period of temporary total in
capacity for work resulting from such injury, in accordance with the
provisions of subdivisions (1) and (2) of said section 9459 compensation
for a further period, subject to the limitations as to time and amounts
fixed in subdivisions (2) and ( 8) of said section 9459, for the specific
loss herein mentioned as follows; but shall not receive any compensa
tion under any other provision of this act.
(a) For the loss of a thumb, or the permanent and complete loss of
its use 55 per centum of the average weekly wage during fifty weeks.
(b) For the loss of a first finger, commonly called the index finger,
or the permanent and complete loss of its use, 55 per centum of the
average weekly wage during thirty-five weeks.
(c) iFor the loss of a second finger, or the permanent and complete
loss of its use, 55 per centum of the average weekly wage during thirty
weeks.
(d) For the loss of a third finger or the permanent and complete loss
of its use, 55 per centum of the average weekly wage during twenty
weeks.
(e) For the loss of a fourth finger, commonly called the little finger,
or the permanent and complete loss of its use, 55 per centum of the
average weekly wage during fifteen weeks.
(/) The loss of the first phalange of the thumb, or of any finger, shall
be considered to be equal to the loss of one-half of such thumb or finger,
and compensation shall be one-half of the amounts above specified.
(g) The loss of more than one phalange shall be considered as the
loss of the entire finger or thumb: Provided, however, That in no case
shall the amount received for more than one finger exceed the amount
provided in this schedule for the loss of a hand.
(h) For the loss of a great toe, 55 per centum of the average weekly
wage during thirty weeks.
(i) For the loss of one or more of the toes other than the great toe,
55 per centum of. the average weekly wrage during ten weeks; and for
the additional loss of one or more toes other than the great toe, 55 per
centum of the average weekly wage during an additional ten weeks.
(j) The loss of the first phalange of any toe shall be considered to be
equal to the loss of one-half of such toe, and compensation shall be
one-half of the amount above specified.
(&) The loss of more than one phalange shall be considered as the
loss of the entire toe.
(I)
For the loss of a hand, or the permanent and complete loss of its
use, 55 per centum of the average weekly wage during one hundred and
fifty weeks.

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(m) For the loss of an arm, or the permanent and complete loss of its
use, 55 per centum of the average weekly wage during two hundred
weeks.
(n) For the loss of a foot, or the permanent and complete loss of its
use, 55 per centum of the average weekly wage during one hundred
and twenty-five weeks.
(o)
For the loss of a leg, or the permanent and complete loss of its
use, 55 per centum of the average weekly wage during one hundred and
sixty weeks.
(p) For the loss of the sight of an eye, 55 per cent of the average
weekly wage during one hundred weeks.
(q) The loss of both hands or both arms, or both feet, or both legs, or
J?1 Jm-* 11*
both eyes, or any two thereof, or complete and permanent paralysis,
disability,
or total and permanent loss of mental faculties, or any other injury
which totally incapacitates the employee from working at any occupa
tion which brings him an income, shall constitute total disability, to
be compensated according to the compensation fixed by subdivision 6
of this section: Provided, That these specific cases of total and perma
nent disability shall not be construed as excluding other cases of total
or permanent disability.
6 . In case of complete disability which renders the employee wholly
and permanently incapable of work compensation equal to 55 per cent
of his earnings, but not less than $6.50 nor more than $12 per week,
commencing on the day after the -injury and continuing until the
amount paid equals the amount which would have been payable as a
death benefit under subdivision 1 of section 9458 of said Revised Code.
7. In case death occurs as a result of the injury before the total of Death dmlng
the payments made equals the amount payable as a death benefit, then benefit Perl0<i*
in case the employee leaves any widow, child, or children, parents,
grandparents, or other lineal heirs entitled to compensation under the
preceding section, the difference between the compensation for death
and the sum of the payments made to the employee shall be paid at the
option of the employer, either to the personal representative or the
beneficiaries of the deceased employee and distributed as provided in
paragraph 6 of the preceding section; but in no case shall the amount
payable under this paragraph be less than five hundred dollars.
8 . In no event shall the compensation to be paid exceed 55 per cent Maximum,
of the average weekly wage or exceed twelve dollars per week in
amount; nor, except in cases of complete disability, as defined above
shall any payments extend over a period of more than six years from
the date of the accident. In case an injured employee shall be in
competent at the time when any right or privilege accrues to him
under the provisions of this act, a guardian may be appointed pursuant
to law, and may, on behalf of such incompetent, claim and exercise
any such right or privilege with the same force and effect as if the em
ployee himself had. been competent and had claimed or exercised said
right or privilege; and no limitations of time by this act provided shall
run so long as said incompetent employee is without a guardian.
9. All compensation provided for in paragraphs 2, 3, 4, 5 and 6 of Time of paythis section shall be paid in installments at the same intervals at which mentsthe wages or earnings of the employer were paid at the time of the
injury, or, if this shall not be feasible, then the installments shall be
paid weekly.
S e c . 9460. Any employer, employee or beneficiary who shall desire
Lump sums,
to have such compensation or any unpaid part thereof, paid in a lump
sum may petition the industrial commissioner, asking that such com
pensation be so paid, and if, upon proper notice to the interested parties
and a proper showing made before such commissioner, it appears to the
best interest of the parties that such compensation be so paid, the com
missioner may order the commutation of the compensation to an equivalent lump sum, which commutation shall be an amount which will
equal the total sum of the probable future payments capitalized at
their present value upon the basis of interest calculated at five per
cent per annum with annual rests: Provided^That in cases indicating
complete disability no petition for commutation to a lump sum basis
shall be entertained by the industrial commissioner until after the
expiration of six months from the date of the injury, and where neces-

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sary, upon proper application being made, a guardian or administrator,
as the case may be, may be appointed for any person under disability
who may be entitled to any such compensation, and an employer bound
by the terms of this article and liable to pay such compensation may
petition for the appointment of an administrator or guardian, where no
legal representative has been appointed or is acting for such party or
parties so under disability. Either party may reject an award of a
lump-sum payment of compensation, except an award for compensation
under section 9458 or paragraph 5 of the preceding section; or for the
injuries defined in the last paragraph of paragraph 5 of section 9459 as
constituting total and permanent disability, by filing his written rejec
tion thereof with the commissioner within ten days after notice to him
of the award, in which event compensation shall be payable in install
ments as herein provided.
Basis of comgEC. 940I. The basis for computing the compensation provided for
putation.
jn 8ections 9458 and 9459 shall be as follows:
1. The compensation shall be computed on the basis of the annual
earnings which the injured person received as salary, wages or earnings,
if in the employment of the same employer continuously during the
year next preceding the injury.
2 . Employment by the same employer shall be taken to mean em
ployment by the same employer in the grade in which the employee
was employed at the time of the accident, uninterrupted by absence
from work due to illness or any other unavoidable cause.
3. If the injured person has not been engaged in the employment of
the same employer for the full year immediately preceding the acci
dent, the compensation shall be commuted according to the annual earn
ings which persons of the same class in the same employment and same
location, or, if that be impracticable, of neighboring employments of the
same kind have earned during such period.
4. As to employees in employments in which it is the custom to oper
ate throughout- the working days of the year, the annual earnings, if not
otherwise determinable, shall be regarded as three hundred times the
average daily earnings in such computation.
5. As to employees in employments in which it is the custom to oper
ate for a part of the whole number of working days in each year, such
number, if the annual earnings are not otherwise determinable, shall
be used instead of three hundred as a basis for computing the annual
earnings: Provided, That the minimum number of days which shall
be so used for the basis of the year’s work shall be not less than two
hundred.
6 . In the case of injured employees who earn either no wage or less
than the earnings of adult day laborers in the same line of employment
in that locality, the yearly wage shall be reckoned according to the
average annual earnings of adults of the same class in the same or, if
that is impracticable, then of neighboring employments.
7. Earnings, for the purpose of this section, shall be based on the
earnings for the number of hours commonly regarded as a day’s work for
that employment and shall exclude overtime earnings. The earnings
shall not include any sum which the employer has been accustomed to
pay the employee to cover any special expense entailed on him by the
nature of his employment.
8 . In computing the compensation to be paid to any employee, who
before the accident for which he claims compensation was disabled and
drawing compensation under the terms of this article, the compensa
tion for each subsequent injury shall be apportioned according to the
proportion of incapacity and disability caused by the respective injur
ies which he may have suffered.
9. To determine the amount of compensation for each installment
period, the amount per annum shall be ascertained pursuant hereto,
and such amount divided by the number of installment periods per
annum.
Remedy exclu- Sec. 9462. The compensation herein provided, together with the
siveprovisions of this article, shall be the measure of the responsibility
which the employer has assumed for injuries or death that may occur to
employees in his employment subject to the provisions of this article.

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S e c . 9463. An employee entitled to receive disability payments Medical examishall be required, if requested by the employer, to submit himself at natl0nsthe expense of the employer for examination to a duly qualified medical
practitioner or surgeon selected by the employer, at a time and place
reasonably convenient for the employee, as soon as practicable after
the injury, and also one week after tlie first examination, and there
after at intervals not oftener than once every four weeks, which exami
nation shall be for the purpose of determining the nature, extent and
probable duration of the injury received by the employee, and for the
purpose of ascertaining the amount of compensation which may be due
the employee from time to time for disability according to the provi
sions of this article: Provided, That such examination shall be made in
the presence of a duly qualified medical practitioner or surgeon em
ployed and paid for by the employee, if such employee so desires. In
all cases where the examination is made by a surgeon engaged by the
employer, and the injured employee has no surgeon present at such
examination, it shall be the duty of the surgeon making the examination
at the instance of the employer to deliver to the injured employee,
upon his request or that of hie representative, a statement in writing of
tne condition and extent of the injury to the same extent that such
surgeon reports to the employer. If the employee refuses so to submit
himself to examination or unnecessarily obstructs the same, his right
to compensation payments shall be temporarily suspended until such
examination shall have taken place, and no compensation shall be
payable under this article for such period. It shall be the duty of sur
geons treating an injured employee who is likely to die, and treating him
at the instance of the employer, to call in another surgeon, to be desig
nated and paid for by the injured employee or by the person or persons
who would become his beneficiary or beneficiaries, to make an exami
nation before the death of such injured employee.
S e c . 9464. The oifice of industrial commissioner shall continue as industrial comheretofore created; the commissioner of immigration shall be ex officio missl0nerindustrial commissioner, and such industrial commissioner shall have
authority and be charged with the duty of carrying out and enforcing
the provisions of this article. He shall also assist employers of labor to
secure needed laborers, assist laborers to secure positions, and cooperate
with the United States Department of Labor and agencies of this State
in maintaining a free employment sendee for bringing employer and
laborer together.
S eo . 9465 (as amended by ch. 364, acts of 1919). The actual necessary Expenses.
expenses of the industrial commissioner shall be paid by the State, and
he shall be provided with adequate and necessary office rooms, furni
ture, equipment, and other supplies necessary to the discharge of his
duties. The commissioner, by and with the consent of the governor, Assistants.
may appoint a deputy, and employ such other assistants and clerical
help as may be required, and fix the compensation for each: Provided,
That the salary of the deputy shall not exceed eighteen hundred dol
lars per annum. Such deputy shall possess and exercise all the powers
conferred by this article upon the industrial commissioner, and, except
as to appointment and salary, the phrase 'industrial commissioner” Seal.
wherever it occurs in this article shall be construed to include such
deputy. The commissioner shall provide himself with a seal, which
shall be used to authenticate his orders, decisions, and other proceed
ings deemed necessary, upon which shall be inscribed the words, ‘ 'South
Dakota industrial commissioner.” The commissioner shall have the
power to remove at any time any person appointed or employed by Oath.
him. Before entering upon his duties the commissioner shall qualify
by taking the constitutional oath of office.
Rules, etc.
S e c . 9466. The commissioner may make rules and regulations, not
inconsistent with the laws of this State, for carrying out the provisions
of this article. He shall have power to subpoena witnesses, administer
oaths, and to examine such books and records of the parties to a pro
ceeding or investigation as relate to questions in dispute or under inves
tigation. The fees and mileage for attending as a witness before the
industrial commissioner or before an arbitration board shall be the same
as allowed in the circuit court. The circuit court shall have authority
to enforce by proper proceedings the provisions of this section relating

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to the attendance and testimony of witnesses and the examination of
books and records. The commissioner shall annually, at the time and
in the manner provided in sections 6922 and 7067, make a report to the
governor.
Agreements.
S e c . 9467. If the employer and employee reach an agreement in
regard to the compensation under this law, a memorandum thereof shall
be filed with the industrial commissioner by the employer or employee,
and unless the commissioner shall, within twenty days, notify the em
ployer and employee of his disapproval of the agreement, by registered
letter sent to their addresses as given on the memorandum filed, the
agreement shall stand as approved and be enforcible for all purposes
under the provisions of this article.
Board of arbi
S e c . 9468. If the employer and injured employee, or his representa
tration.
tives or dependents, fail to reach an agreement in regard to compensa
tion under this article, either party may notify the industrial commis
sioner, who shall thereupon call for the formation of a board of arbitra
tion, which shall consist of three persons, one of whom shall be the
industrial commissioner, who shall act as chairman; the other two shall
be named, respectively, by the two parties. If a vacancy occurs it
shall be filled by the party whose representative is unable to act.
Oath of arbi
S e c . 9469. The arbitrators appointed by the parties shall be sworn
trators.
by the chairman as follows:
I ---------do solemnly swear (or affirm) that I will faithfully perform
my duties as arbitrator and will not be influenced in my decision by
any feeling of friendship or partiality toward either party.
------------------ .
(Signed)
Appointment of
S e c . 9470 (as amended by ch. 364, acts of 1919).
It shall be the duty
arbitrators.
of the industrial commissioner, upon notification that the parties have
failed to reach an agreement, to request both parties to appoint their
respective representatives on the board of arbitration. If either party
does not appoint a representative on such board within seven days after
such notification, or after vacancy has occurred, the commissioner shall
fill the vacancy and notify the parties to that effect, unless good cause
be shown for delay in making such appointment.
Hearing.
S e c . 9471. The board of arbitration shall make such inquiries and
investigations as it shall deem necessary. The hearings of the board
shall be in the city, town, or place where the injury occurred, and the
decision of the board, together with the statement of evidence sub
mitted before it, its rulings, its findings of fact, its conclusions of law
and any other matters pertinent to questions arising before it shall be
filed with the industrial commissioner. LTnless a claim for a review is
filed by either party within ten days, the decision shall be enforcible
under the provisions of this article.
x
Impartial phy
S e c . 9472. The industrial commissioner may appoint a duly qualified
sician.
and impartial physician to examine the injured employee and make
report. The fee for this service shall be five dollars, to be paid by the
industrial commissioner, together with traveling expenses, but the
commissioner may allow additional reasonable amounts in extraordi
nary cases. No physician so examining any injured employee shall
be prohibited from testifying before the industrial commissioner or any
other person, commission, or court, as to the result of his examination
or the condition of the injured employee.
Costs.
S e c . 9473. The arbitrators, other than the commissioner, shall each
receive five dollars as a fee for his services, but the industrial com
missioner may allow additional reasonable amounts in extraordinary
cases. The fees shall be paid by the employer, who may deduct an
amount equal to one-half of the sum from any compensation found due
the employee. All other costs incurred in the hearing before the board
of arbitration shall be taxed to the losing party, or an equitable appor
tionment made thereof by the board according to the facts.
Review.
S e c . 9474. If a claim for review is filed, the industrial commissioner
shall hear the parties and may hear evidence in regard to any or all
matters pertinent thereto, and may revise the decision of the board of
arbitration in whole or in part, or may refer the matter back to the
board for further findings of fact, and shall file its decision with the
records of the proceedings and notify the parties thereof. No party

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shall as a matter of right be entitled to a second hearing upon any
question of fact.
Sec. 9475. Any party in interest may present a certified copy of an Enforcement,
order or decision of the commissioner or a decision of board of arbitra
tion from which no claim for review has been filed within the time
allowed therefor, or a memorandum of agreement approved by the
commissioner, and all papers in connection therewith, to the circuit
court of the county in which the injury occurred, whereupon the court
shall render a decree in accordance therewith and notify the parties.
Such decree shall have the same effect and in all proceedings in rela
tion thereto be the same as though rendered in an action duly heard
and determined by the court, except that there shall be no appeal
therefrom upon questions of fact, nor where the decree is based upon
an order or decision of the commissioner which has not been presented
to the court within ten days after the notice of the filing thereof by the
commissioner. Upon the presentation to the court of a certified copy
of a decision of the industrial commissioner, ending, diminishing, or
increasing a weekly payment under the provisions of this article, the
court shall revoke or modify the decree to conform to such decision.
Sec. 9476. Any payment to be made under this article may be re- R e v i e w o f
viewed by the industrial commissioner at the request of the employer awards‘
or of the employee, and on such review it may be ended, diminished,
or increased, subject to the maximum or minimum amounts provided
for in this article, if the commissioner finds the condition of the em
ployee warrants such action. Any notice given by the commissioner
or court provided for in this article shall be in writing, but service
thereof shall be sufficient if registered and deposited in the mail, ad
dressed to the last known address of the parties.
Sec. 9477 (as amended by ch. 364, acts of 1919). Fees of attorneys Attorneys’,etc.i
and physicians for services under this article shall be subject to the
approval of the industrial commissioner, unless otherwise provided in
this article: Provided further, That on written application of any claim
ant under the provisions of this article it shall be the duty of the State’s
attorney of the county in which the accident occurred to appear for
such claimant in any and all hearings before the board of arbitration,
or on appeal to the courts, as a part of his official duty, and without
cost to the claimant. But this shall not in any way abridge the right
of a claimant to employ any such counsel as he may desire.
S e c . 9478. Every employer coming under the provisions of this . Reports of in
article shall keep a record of all injuries, fatal or otherwise, sustained Juriesby his employees in the course of their employment. Within fortyeight hours, not counting Sundays and legal holidays, after the em
ployer has knowledge of the occurrence of an accident resulting in
personal injury, a report shall be made in writing by the employer to
the industrial commissioner on blanks to be procured from the com
missioner for that purpose. Upon the termination of the disability of
the injured employee or, if such disability extends beyond a period of
sixty days, at the expiration of such period, the employer shall make a
supplemental report on blanks to be procured from the commissioner
for that purpose. Such reports shall contain the name and nature of
the business of the employer, the location of the establishment, the
name, age, sex, wage, and occupation of the injured employee, and
shall state the date and hour of the accident, the nature and cause of
the injury, and such other information as may be required by the
commissioner. Any employer who refuses or neglects to make any
report required bv this section shall be punished by a fine of not more
than twenty-five dollars for each offense.
Sec. 9479. All books, records, and pay rolls of employers coming Access to books,
under this article, showing and in any way referring to the amount of e c*
wage expenditure of such employer, shall always be open for inspection
by the industrial commissioner or any of his representatives presenting
a certificate of authority from the commissioner, for the purpose of
ascertaining the correctness of the wage expenditure, the number of
men employed, and such other information as may be necessary for the
uses and purposes of the commissioner in the administration of this
article. But information obtained within the contemplation of this
article shall be used for no other purpose than for the information of the

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commissioner or insurance company with reference to the duties im
posed upon such commissioner, A refusal on the part of the employer
to submit his books, records, or pay rolls for the inspection of the com
missioner, or his authorized representative presenting written authority
from the commissioner, shall subject the employer to a penalty of
twenty-five dollars for each offense, to be collected by a civil action in
the name of the State and paid into the State treasury.
B u s i n e s s of
S e c . 9480. It shall be unlawful for the commissioner or the deputy
commissioner.
commissioner to be interested in any business enterprise coming under
or affected by this article during his term of office, and any violation
of this section shall be sufficient grounds for his removal from office.
Removal from
S ec. 9481. Such commissioner may at any time be removed from
office.
office by the governor for incompetency, inefficiency, neglect of duty, or
malfeasance in office; but before such removal he shall have an oppor
tunity to be heard by the governor and within ten days after his re
moval from office by the governor he shall, in case he so request, be
furnished by the governor with a written statement of the cause of his
removal from office.
Insurance.
S e c . 9482. Every employer subject to the provisions of this article
shall insure his liability thereunder in some corporation, association,
or organization approved by the commissioner of insurance of this
State and, upon demand of the commissioner of insurance or the indus
trial commissioner, produce evidence of his compliance with this sec
tion. Any employer who refuses or neglects to comply with this sec
tion shall be liable, under sections 9436 to 9454, inclusive, in case of
injury to any workman in his employ.
Mode.
S e c . 9483. For the purpose of complying with the preceding section
groups of employers in this State may exchange contracts of insurance
among themselves or with employers of other States, through any
medium specified and located in their agreements with each other,
and a certificate of authority issued by the insurance department of
any State, together with a financial statement showing such associa
tion to be in a solvent condition, shall be evidence of compliance
with the preceding section.
Substitute
S e c . 9484. Subject to the approval of the industrial commissioner,
schemes.
any employer or group of employers may enter into or continue an
agreement with his or their workmen to provide a plan of compensa
tion or insurance in lieu of the compensation and insurance provided
by this article: Provided, That any agreement or plan of compensation
or insurance existing on the first day of July, 1917, between any em
ployer and employee, shall upon the approval thereof by the industrial
commissioner continue in .force and be binding upon such employer
and such employee, until such employer or such employee shall have
served upon the employee or employe!', as the case may be, a written
notice of his or its withdrawal from such agreement or plan, and such
notice shall be served and a copy thereof filed in the manner provided
by section &438. Upon the service and filing of such notice, by either
party, both such employer and employee shall thereupon be subject
to the operation of this law\
Approval.
S e c . 9485. Whenever such plan is approved by the industrial com
missioner, he shall issue a certificate to that effect, whereupon it shall
be legal for such employer, or group of employers, to contract with any
or all of his or their workmen to substitute such plan for the provisions
of this article during a period of time fixed by such commission.
Termination.
S e c . 9486. Such plan may be terminated By the industrial commis
sioner on reasonable notice to the interested parties, i f it shall appear
that the same is not fairly administered, or if its operation shall disclose
latent defects threatening its solvency, or if for any substantial reason
it fails to accomplish the purpose of this article.
Rates of com
S e c . 9487. No insurer of any obligation under this article shall by
mission.
himself or through another, either directly or indirectly, charge,
accept, or pay as a commission or compensation for placing or renew
ing any insurance under this article more than fifteen per cent of the
premium charged.
Self-insurance.
S e c . 9488. Whenever an employer coming under this article fmnishes proof to the commissioner of insurance, and the industrial com
missioner, of such employer’s solvency and financial ability to pay the

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compensation required by this article and to make such payments to
the parties when entitled thereto, or when such employer deposits with
the commissioner of insurance such security, satisfactory to such com
missioner and the industrial commissioner, as will secure the payment
of such compensation, such employer shall be relieved of the provisions
of section 9482: Provided, That it shall be considered satisfactory
proof of the employer’s solvency and financial ability to pay the com
pensation required by this article, and satisfactory security therefor,
when the employer shall show to the insurance department that he is
a member of an association as provided for in section 9483 and shall
submit a financial statement showing such association to be in a solvent
condition.
Sec. 9489(as amended bych. 364, acts of 1919). Any employer or
employee may appeal to the circuit court of the county in which
the principal business of such employer is transacted from any adverse
decision of the commissioner of insurance or industrial commissioner
arising under this article, such appeal to be taken and prosecuted as
provided in section 9180: Provided, That at the option of the employee
such an appeal may be taken, or the place of trial bechanged, tothe
county where the injury occurred. Upon the trial of such appeal in
the circuit court, the "court may remand the matter to such officer
or department for such action as it may in its order require, or may
enter judgment for or against any party to said appeal, which judgment
shall have the same force and effect as other judgment of saidcourt.
S e c . 9490. In this article, unless the context otherwise requires“ Employer” shall include the State and any municipal corporation
within the State or any political subdivision thereof, and any in dr idual, firm, association, or corporation, or the receiver or trustee of the
same, or the legal representatives of a deceased employer, u^ing the
services of another for pay. If the employer is insured it shall include
his insurer so far as applicable.
“ Employee” shall include every person, including a minor. in the
service.of another under am coiitrpct of employment, express orim
plied, except one whose employment is both casual and not in the
usual course of the trade, business, occupation. or profession of the
employer. Any reference to an employee who lias been injuredshall,
when the employee is dead, also include his legal lepm-entatives,
dependents, and other persons to whom compensation ma\ he payable.
“ Average weekly wages” shall mean the earnings of the injured em
ployee in the employment in which he was working at the time of the
injury, during the period of fiftj -two weeks immediately preceding the
date of injury, oivided by fifty-two; but if the injured employee lost
more than seven consecutive calendar days during such period,
although notin the same week, the earnings for the remainder of such
remainder of such fifty-two weeks shall be divided by the number of
weeks remaining after the time so lost has been deducted. Where the
employment prior to the injury extended over a period of le^ than
fifty-two wreeks, the method of dividing the earnings during that peiiod
by the number of wreeks and paits thereof during which the employee
earned wages shall be followed, provided results just and fair to both
parties will thereby be obtained.
Where, by reason of the shortness of the time during "which the em
ployee has been in the employment of his employer, or the casual
nature or terms of the employment, it is impracticable to compute aver
age weekly wages as above defined, regard shall be had to the average
weekly amount which, during the fifty-two w'eeks previous to the
injury, was being earned by a person in the same grade employed at
the same work by the same employer, or if there is no person so em
ployed, by a person in the same grade employed in the same class of
employment in the same district. Wherever allowances of any char
acter made to an employee in lieu of wages are specified as part of the
wage contract' they shall be deemed a part of his earnings.
“ Injury” or “ personal injury” shall mean only injury by accidentarising out of and in the course of the employment, and shall not
include a disease in any form except as it shall result from the injury.
Approved March 10, 1917.

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Appeals.

Definitions.

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ACTS OF 193 9.
Ch apter

362.— Workmen's compensation—Operation of threshing ma
chines.

S e c t io n 3. The provisions of article 4 of chapter 5 of part 19 of the
South Dakota Revised Code of 1919, sections 9436 to 9491, both inclu
sive, not inconsistent with the provisions of this act, are hereby ex
tended and shall apply to the occupation of operating threshing ma
chines, including traction engines and separators, in the State of South
Dakota, and it shall be unlawful for any person, firm, association, or
corporation to operate a threshing machine and engage in the threshing
of grain in this State without first providing insurance for the compensa
tion of employees who may be injured in the performance of their duty.
Insurance.
Sec. 2. The policy of insurance procured under the provisions of this
act may be written by any mutual or other insurance company organ
ized under the laws of this State or authorized to do business within
this State, and the form of the policy shall be approved by the com
missioner of insurance. Before any person, firm, association, or corpo
ration shall do any threshing in this State the policy of insurance re
quired under the provisions of this act shall be first filed in the office of
the clerk of the circuit court of the county in which the operator resides
and it shall be open for public inspection.
What contracts Sec. 3. All contracts for the threshing of any grain, entered into by
v
any person, firm, association, or corporation without first having pro
cured and filed the policy of insurance required under the provisions of
this act, shall be null and void and no compensation shall be recovera
ble thereunder.
Scope of law.
Sec. 4. The provisions of this act shall apply only to those engaged
in the operation of threshing machines for profit and not to the opera
tion of threshing machines by the owner for the threshing of his own
grain crops, or those who are not generally engaged in the operation of
threshing machines for commercial purposes.
Approved March 11, 1919.
Extension

TENNESSEE.
ACTS OF 19X9.
Ch a p t e r

123.— Compensation of workmenfor injury.

S e c t io n 1. This act shall be known as the workmen’s compensa- Title,
tion act.
Sec. 2 . In this act, unless the context otherwise requires—
(a) “ Employer” shall include any individual, firm, association, or Definitions,
corporation, or the receiver or trustee of the same, or the legal repre
sentatives of a deceased employer, using the services of not less than
ten persons for pay. If the employer is insured it shall include his
insurer, unless otherwise herein provided.
(b) “ Employee” shall include every person, including a minor, in
the service of an employer, as “ employer” is defined in paragraph (a)
above, under any contract of hire, apprenticeship, written or implied.
Any reference herein to an employee who has been injured shall, when
the employee is dead, also include his legal representatives, depend
ents, and other persons to whom compensation may be payable under
this act.
(c) “ Average weekly wages” shall mean the earnings of the injured
employee in the employment in which he was working at the time of
the injury during the period of fifty-two weeks immediately preceding
the date of the injury divided by fifty-two; but if the injured employee
lost more than seven days during such period when he did not work,
although not in the same week, then the earnings for the remainder of
such fifty-two weeks shall be divided by the number of weeks remain
ing after the time so lost has been dediicted. Where the employment
prior to the in jury extended over a period of less than fifty-two weeks,
the method of dividing the earnings during that period by the number
of weeks and parts thereof during which the employee earned wages
shall be followed: Provided, Results just and fair to both parties will
thereby be obtained. Where by reason of the shortness of the time
during which the employee has been in the employment of his em
ployer, it is impracticable to compute the average weekly wages as above
defined, regard shall be had to the average weekly amount which dur
ing the first fifty-two weeks prior to the injury" or death was being
earned by a person in the same grade, employed at the same work by
the same employer, and, if there is no such person so employed, by a
person in the same grade employed in the same class of employment in
the same district. Wherever allowances of any character made to an
employee in lieu of wages are specified as part of the wage contract, they
shall be deemed a part of his earnings.
(d) “ Injury” and “ personal injury” shall mean only injury by acci
dent arising out of and in the course of employment, and shall not in
clude a disease in any form except as it shall naturally result from the
injury.
]
Sec. 3. From and after the taking effect of this act every employer Election preand every employee, except as herein stated, shall be presumed to sume<1*
have accepted the provisions of thi,s act, respectively, to pay and accept
compensation for personal injury or death by accident arising out of and
in the course of employment, and shall be bound thereby, unless he
shall have given prior to any accident resulting in injury or death,
notice to the contrary in the manner herein provided.
Sec. 4. Either an employer or employee who has excepted himself Waiving rejecby proper notice from the operation of this act may at any time waive tlons*
such exemption and thereby accept the provisions of this act by
giving notice as herein provided.
The notice of exemption and the notice of acceptance heretofore re
ferred to shall be given thirty days prior to any accident resulting in
injury or death: Provided, That if any injury or death occurs less than
thirty days after the date of employment, notice of such exemption or

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acceptance given at the time of employment shall be sufficient notice
thereof.
The notice of election not to accept the provisions of this act shall be
as follows :
Rejection to be
(a) The employer shall post and keep posted in his shop or place of
posted.
business a written or printed notice of his election not to be bound by
the provisions of this act, and shall file a duplicate thereof with the
bureau of workshop and factory inspection of the State of Tennessee.
(b) The employee shall gi ve written or printed notice to the employer
of his election not to be bound by the provisions of this act and file a
duplicate, with proof of service on the employer attached thereto, to
gether with an affidavit of the employee that the action of the employee
in rejecting the provisions of this act was not advised, counseled, or en
couraged by the employer or by anyone acting for the employer with
the bureau of workshop and factory inspection of the State of Tennessee.
Relation to Sec. 5. Nothing in this act contained shall be construed as amending
other acts.
or repealing any statute or municipal ordinance relating to associations
or funds for the relief, pensioning, retirement, or other benefit of any
employees of such municipal employer, or of the widows, children. or
dependents of such employees, or as in any manner interfering with the
same as now or hereafter established.
Excluded occu- s EC, 6 . This act shall not apply to—
patkms.
(a) Any common carrier doing an interstate business while engaged
in interstate commerce.
(b) Any person whose employment at the time of injury is casual—
that is, one who is not employed in the usual course of trade, business,
profession, or occupation of the employer.
(c) Domestic servants and employers thereof; nor to farm or agricul
tural laborers and employers thereof.
This act shall not apply to employers engaged in the operation of coal
mines nor to the employees thereof, except that any employer engaged
in the operation of a coal mine or mines may accept the provisions of
this act by filing written notice thereof with the State factory inspector
at least thirty (30) days before the happening of any accident or death,
and may at any time withdraw the acceptance by giving like notice
of withdrawal.
(d) In case where less than ten persons are regularly employed: Pro
vided, however, That in such cases the employer may accept the pro
visions of this act by filing written notice thereof with the State factory
inspector at least thirty days before the happening of any accident or
death, and may at any time withdraw the acceptance by giving like
notice of withdrawal.
(e) To the State of Tennessee, counties thereof, and municipal cor
porations: Provided, however, That the State, any county or municipal
corporation, may accept the provisions of this act by filing written
notice thereof with the State factory inspector at least thirty days
before the happening of any accident or death and may at any time
withdraw the acceptance by giving like notice of the withdrawal.
What payment,
g EC 7 Whenever payment of compensation is made to a widow or
valid.
widower for her or his use, or for her or his use and the use of a child
or children, the written receipt thereof by such widow or widower shall
acquit the employer.
Whenever payment is made to any person eighteen (18) years of age
or over the written receipt of such person shall acquit the employer.
Whenever payment is made to a person under the age of eighteen
(18) years, or to a dependent child as defined in subsectiou 2 of section
30 over the age of eighteen (18) years, the same shall be paid to a duly
and regularly appointed guardian or trustee of such child, and the
receipt of such guardian or trustee shall acquit the employer and shall
be in lieu of any claim of the parents of such child or minor for loss of
services.
R em ed y exSec. 8 . The rights and remedies herein granted to an employee
elusive.
subject to this act on account of personal injury or death by accident
shall exclude all other rights and remedies of such employee, his per
sonal representative, dependents or next of kin, at common law or
otherwise, on account of such injury or death.

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S e c . 9. Nothing in this act shall be construed to relieve any emstatutory em
ployer or employee from penalty for failure or neglect to perform any
statutory duty.
S e c . 10. No compensation shall be allowed for an injury or death due
Willful,
©to.,
to the employee’s willful misconduct or intentional self-inflicted injury, acts‘
due to intoxication, or willful failure or refusal to use a safety appliance
or perform a duty required by law. If the employer defends on the
ground that the injury arose in any or all of the above-stated ways the
burden of proof shall be on the employer to establish such defense.
Sec. 11. Every employer who elects not to operate under this act as Defenses abr^
herein provided shall not, in any suit brought against him by an g
employee, who has elected to operate under the provisions of this act,
to recover damages for personal injury or death arising from accident,
be permitted to defend such suit upon any of the following grounds,
namely:
(а) That the employee was negligent.
( б) That the injury was caused by the negligence of a fellow servant
or fellow employee.
(c) That the employee had assumed the risk of the injury.
Sec. 1 2 . Every employee who elects not to operate under the pro- A v a i l a b l y
visions of this act, in any action to recover damages for personal injury ^ en*
or death by accident brought against an employer who has elected to
operate under this act, shall proceed as at common law, and the em
ployer in such suit may avail himself of all common law defenses.
Sec. 13. When both employer and employee elect not to operate Same,
under this act the liability of the employer for injury or death from
accident shall be the same as at common law, and the employer may
avail himself of all common law' defenses in actions brought by such
employee to recover damages for personal injury or death due to
accident.
S ec . 14. Whenever an injury for which compensation is payable Liability
af
under this act shall have been sustained under circumstances creating
parties,
in some other person than the employer a legal liability to pay damages
in respect thereto, the injured employee may at his option either claim
compensation or proceed at law against such other person to recover
damages, or proceed against both the employer and such other person,
but he shall not be entitled to collect from both; and if compensation
is awarded under this act the employer having paid the compensation
or having become liable therefor, may collect, in his own name, or in the
name of the injured employee in a suit brought for the purpose, from
the other person in whom legal liability for damages exists, the indem
nity paid or payable to the injured employee.
S ec . 15. A principal, intermediate, or subcontractor shall be liable Employees qZ
for compensation to any employee injured while in the employ of any con rac ot'5'
of his subcontractors and engaged upon the subject matter of the con
tract to the same extent as the immediate employer.
Any principal, intermediate, or subcontractor who shall pay compen
sation under the foregoing provisions may recover the amount paid from
any person who, independently of this section, would have been liable
to pay compensation to the injured employee, or from anv intermediate
contractor.
Every claim for compensation under this section shall be in the lirst
instance presented to and instituted against the immediate employer,
but such proceedings shall not constitute a waiver of the employee’s
rights to recover compensation under this act from the principal or
intermediate contractor? Provided, That the collection of full compen
sation from one employer shall bar recovery by the employee against
any others, nor shall he collect from all a total "compensation in excess
of the amount for which any of the said contractors is liable. This
section shall apply only in cases where the injury occurred on, in, or
about the premises on which the principal contractor lias undertaken
to execute work or which are otherwise under his control or management.
S ec . 16. No contract or agreement, written or implied, nor rule, regu- Waivers,
lation, or other device, shall in any manner operate to relieve any
employer in whole or in part of any obligation created by this act except
as herein provided.

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S e c . 17. All rights of compensation granted by this act shall have the
same preference or priority for the whole thereof against the assets of
the employer as is allowed by law for any unpaid wages for labor: Pro
vided, however, That such compensation shall not prejudice or be
superior to the rights and interests of third persons in and to such assets
if such rights and interests are secured by registered mortgage or in any
form or manner which is valid as to general creditors of the employer.
A ssig n m en ts,
S e c . 18. No claim for compensation under this act shall be assignable,
etcand all compensation and claims therefor shall be exempt from claims
of creditors.
Injuries outside S ec . 19. When an accident happens while the employee is employed
state*
elsewhere than in this State, which would entitle him or his dependents
to compensation had it happened in this State, the employee or his
dependents shall be entitled to compensation under this act if the
contract of employment was made in this State, unless otherwise
expressly provided by said contract.
Second injuries.
S ec . 20. If an employee has previously sustained a permanent injury
elsewhere than in the employment in which he sustains a subsequent
permanent injury, he shall be entitled to compensation only for the
disability that would have resulted from the^ latter accident if the
earlier injury had not existed, and such earlier injury shall not be con
sidered in estimating the compensation on the basis of either a total or
partial disability to which the employee may be entitled under this act.
rrior injuries.
S ec . 21. Thisact shall have no retroactive effect, and shall not apply
to actions for accidental injury or death occurring prior to the passage
of this act, but claims for damages with respect thereto shall be redressed
by the law as it stood prior to the enactment of this statute,
Notice of inS ec . 22. Every injured employee or his representative shall, immedi
jury. .
ately upon occurrence of an injury or as soon thereafter as is reason
able or practicable, give or cause to be given to the employer written
notice of the injury, and the employee shall not be entitled to phy
sician’s fees nor any compensation which may have accrued under the
provisions of this act from the date of the accident to the giving of such
notice, unless it can be shown that the employer had actual knowledge
of the accident; and no compensation shall be payable under the pro
visions of this act unless such written notice is given the employer
within thirty days after the occurrence of the accident, unless reason
able excuse for failure to give such notice is made to the satisfaction of
the tribunal to which the claim for compensation may be presented.
Contents.
S ec . 23. The notice required to be given of the occurrence of an acci
dent to the employer shall state in plain and simple language the name
and address of the employee, the time, place and nature and cause of
the accident resulting in injury or death, and shall be signed by the
claimant or by some person in his behalf, or by any one or more of the
claimant’s dependents if the accident resulted in death to the employee.
But no defect or inaccuracy in the notice shall be a bar to compensa
tion unless the employer can show to the satisfaction of the tribunal in
which the matter is pending that he was prejudiced by the failure to
give the proper notice, and then only to the extent of such prejudice.
The notice shall be given personally to the employer or to his agent or
agents having charge of the business in working at which the injury was
sustained by the employee.
Limitation.
S ec . 24. The right to compensation under this act shall be forever
barred unless within one year after the accident resulting in injury or
death occurred the notice required by section 23 is given the employer
and a claim for compensation under the provisions of this act is filed
with the tribunal having jurisdiction to hear and determine the matter.
Medical, e c,> Sec. 25. During the thirty days after the notice required by section
aid.
23 of this act to be given the employer or his agent, the employer shall
furnish free of charge to the injured employee such medical and surgical
treatment, medicine, medical, and surgical supplies, crutches, and
apparatus as may be reasonably required, and the injured employee
shall accept the same; and at the option of the employer he may furnish
the same free of charge to the injured employee for such length of time
after the expiration of the thirty days as the employer may elect,
and the employee shall accept the same: Provided, however, That
the total liability of the employer under this section shall not ex
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ceed one hundred dollars: And 'provided further, That the pecuniary
liability of the employer for such services rendered the employee shall
be limited to such charges as prevail for similar treatment in the com
munity where the injured employee resides. All cases of dispute as to
the value of such services shall be determined by the tribunal having
jurisdiction of the claim of the injured employee for compensation.
In case death results from the injury, the employer shall, in addition B u r i a l e x to the medical service, etc., referred to above, pay the burial expenses
of the deceased employee, not exceeding one hundred dollars. If the
deceased employee leaves no dependents entitled to claim compensa
tion under the provisions of this act, the employer shall not be further
liable to any one for compensation on account of the accident except for
the medical service and burial expense herein provided for.
The injured employee must submit himself to the examination of the Medical exami
employer’s physician at all reasonable times if requested to do so by the nation.
employer, but the employee shall have the right to have his own phy
sician present at such examination, in which case the employee shall
be liable to such physician for his services. The employer shall pay
for the services of the physician making the examination at the in
stance of the employer. And in case of dispute as to the injury, the
court may, at the instance of either party or of its own motion, appoint
a neutral physician of good standing and ability to make an examina
tion of the injured person and report his findings to the court, the ex
pense of which examination shall be borne equally by the parties.
If the injured employee refuses to comply with any reasonable request
for examination, or refuses to accept the medical service which the
employer is required to furnish under the provisions of this act, his
right to compensation shall be suspended, and no compensation shall
be due and payable while he continues such refusal.
In all death claims where the cause of death is obscure or is disputed, Autopsy.
any interested party may require an autopsy, the cost of which is to be
borne by the party demanding the same.
Any physician whose services are furnished or paid for by the em Evidence.
ployer and who treats or makes or is present at any examination of an
injured employee may be required to testify as to any knowledge ac
quired b y him in the course of such treatment or examination as same
relates to the injury or disability arising therefrom.
If in an emergency or on account of the employer’s failure or refusal Cost of treat
to provide the medical care and service required by this act, the in ment.
jured employee or his dependents may provide the same, and the cost
thereof, not exceeding one hundred dollars, shall be borne by the
employer: Provided, That the pecuniary liability of such employer
shall be limited to the charges for such service as prevail in the com
munity where the services are rendered. ^ All cases of dispute as to the
value of^ such services shall be determined by the tribunal having
jurisdiction of the matter of compensation to the employee.
Sec. 26. No compensation shall be^ allowed for the first fourteen Waiting time.
days of disability resulting from the injury except the benefits pro
vided for in section 25 of this act, but if disability extends beyond
that period, compensation shall commence with the fifteenth day after
the injury. In the event, however, the disability from the injury
exists for a period as much as six weeks, then compensation shall be
allowed beginning with the first day after the injury.
Agreements.
S e c . 27. The interested parties shall have the right to settle all
matters of compensation between themselves, but all settlements, be
fore the same are binding on either party, shall be approved by the
judge of the circuit court of the county where the claim for compensa
tion under this act is entitled to be made. Upon such settlement
being approved, judgment shall be rendered thereon by the court and
duly entered by the clerk. The costs of the proceeding, which shall
not exceed two ($2) dollars, shall be borne by the employer.
Compensation
S e c . 28. The following is the schedule of compensation to be allowed
for—
employees under the provisions of this act:
(a)
For injury producing temporary total disability, fifty per centum of T e m p o r a r y
the average weekly wages as defined in this act, subject to a maximum total disability;
compensation of $11 per week and a minimum of $5 per week: Pro
vided, That if the employee receives $5 or more per week, then he
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shall receive as compensation not less than $5 per week; if he receives
$5 or less per week, then the full amount of his weekly wages. This
compensation shall be paid during the period of the disability of em
ployee, but, however, not to exceed three hundred weeks. The
compensation shall be paid at intervals when the wage was payable, as
nearly as may be.
T e m p o r ar y
( 5) i n all cases of temporary partial disability the compensation shall
partial disability; ^
per cent,Um of the difference between the wage of the workman
at the time of the injury and the wage he is able to earn in his partially
disabled condition. This compensation shall be paid during the
period of such disability, not, however, beyond three hundred weeks,
payment to be made at the intervals when the wage was payable, as
nearly as may be, and subject to the same maximum and minimum
as stated in subdivision (a) of this section.
Permanent par(c) For the permanent partial disability, the compensation shall be
tiai disability.
foaged upon the extent of such disability. In cases included by the
following schedule the compensation shall be that named in the
schedule, to wit:
Schedule.
For the loss of a thumb, fifty per centum of the average weekly
wages during sixty (60) weeks.
For the loss of a first finger, commonly called index finger, fifty per
centum of average weekly wages during thirty-five (35) weeks.
For the loss of a second finger, fifty per centum of average weekly
wages during thirty (30) weeks.
For the loss of a third finger, fifty per centum of average weekly
wages during twenty ( 20) weeks.
For the loss of a fourth finger, commonly called little finger, fifty per
centum of average weekly wages during fifteen (15) weeks.
For the loss of the first phalange of the thumb, or of any finger, shall
be considered equal to the loss of one-half of such thumb, or finger, and
compensation shall be paid at the prescribed rate during one-half of
the time specified above for such thumb or finger.
The loss of substantially more than one phalange shall be considered
as the loss of the entire finger or thumb; Provided, however, That in no
case shall the amount received for more than one finger exceed the
amount provided in this schedule for the loss of a hand.
For the loss of the great toe, fifty per centum of average weekly wages
during thirty (30) weeks.
For the loss of one of the toes other than the great toe, fifty per
centum of the average weekly wages during ten ( 10) weeks.
The loss of the first phalange of any toe shall be considered to be
equal to the loss of one-half of such toe, and compensation shall be paid
at the prescribed rate during one-half the time specified above for such
toe.
The loss of substantially more than one phalange shall be considered
as the loss of the entire toe.
For the loss of a hand, fifty per centum of average weekly wages
during one hundred and fifty (150) weeks.
For the loss of an arm, fifty per centum of the average weekly wages
during two hundred (200) weeks.
For the loss of a foot, fifty per centum of average weekly wages during
one hundred and twenty-five (125 ) weeks.
For the loss of a leg, fifty per centum of average weekly wages during
one hundred and seventy-five (175) weeks.
For the loss of an eye, fifty per centum of average weekly wages dur
ing one hundred ( 100) weeks.
For the complete permanent loss of hearing in both ears, fifty per
centum of average weekly wages during one hundred and fifty (150)
weeks.
For the loss of an eye and a leg, fifty per centum of average weekly
wages during three hundred and fifty (350) weeks.
For the loss of an eye and an arm, fifty per centum of average weekly
wages during three hundred and fifty (350) weeks.
For the loss of an eye and a hand, fifty per centum of average weekly
wages during three hundred and twenty-five (325) weeks.

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For the loss of an eye and a foot, fifty per centum of average weekly
wages during three hundred (300) weeks.
For the loss of two arms, other than at the shoulder, fifty per.centum
of average weekly wages during four hundred (400) weeks.
For the loss of two hands, fifty per centum of average weekly wages
during four hundred (400) weeks.
For the loss of two legs, fifty per centum of average weekly wages
during four hundred (400) weeks.
For the loss of two feet, fifty per centum of average weekly wages
during four hundred (400) weeks.
For the loss of one arm and the other hand, fifty per centum of the
average weekly wages during four hundred (400) weeks.
For the loss of one hand and one foot, fifty per centum of the average
weekly wages during four hundred (400) weeks.
For the loss of one leg and one hand, fifty per centum of the average
weekly wages during four hundred (400) weeks.
For the loss of one arm and one foot, fifty per centum of the average
weekly wages during four hundred (400) weeks.
For the loss of one arm and one leg, fifty per centum of the average
weekly wages during four hundred (400) weeks.
Where an employee sustains concurrent injuries resulting in con -, Concurrent in
current disabilities, he shall receive compensation only for the injury illrieswhich produced the longest period of disability, but this section shail
not affect liability for the concurrent loss of more than one member, for
which members compensations are provided, in the specific schedule
and in subsection (e) below. In all cases the permanent and total loss
of the use of a member shall be considered as equivalent to the loss of
that member, but in such cases the compensation in and by said sched
ule provided shall be in lieu of all other compensation.
In cases of permanent disability due to injury to a member resulting Less than total
in less than total loss of use of such member not otherwise compensated loss of use*
in this schedule, compensation shall be paid at the prescribed rate
during that part of the time specified in the schedule for the total loss or
total loss of use of the respective member, which the extent of injury to
the member bears to its total loss. If an injured employee refuses em
ployment suitable to his capacity, offered to or procured for him, he
shall not be entitled to any compensation at any time during the con
tinuance of such refusal, unless at any time in the opinion of the judge
or chairman of the court of the county of his residence such refusal is
justifiable. All compensations provided in clause (c) of this section for
loss of members, or loss of use of members, are subject to the same
limitations as to maximum and minimum as are stated in clause (a) .
In all other cases of permanent partial disability not above enumer- injuries
not
ated the compensation shall be fifty per centum of the difference be- enumerated,
tween the wage of the workman at the time of the injury and the wage
he is able to earn in his partially disabled condition, subject to a maximum of eleven ($11) per week. Compensation shall continue during
disability, not, however, beyond three hundred (300) weeks.
(d)
For permanent total disability as defined in subsection (e) below, P e r m a n e n t
fifty per centum of the wages received at the time of the injury, subjecttotal dlsa Jlttyto a maximum compensation of eleven ($11) dollars per week and a
minimum compensation of five ($5) dollars per week, unless the wages
of the employee are less than $5 per week, in which latter case he shall
receive the full amount of his weekly wages as compensation. This
compensation shall be paid during such permanent total disability,
not exceeding five hundred and fifty (550) weeks, but in all such cases
drawing more compensation than five ($5) dollars per week, the pay
ments after the first four hundred (400) weeks shall be reduced to five
($5) dollars per week for the remainder of the five hundred and fifty
(550) weeks, while the permanent total disability continues, payments
to be made at the intervals when the wage was payable, as nearly as
may be. The total amount of compensation payable under this sub
section shall not exceed five thousand ($5,000) dollars in any case:
Provided, however, That in case an employee who is permanently and
totally disabled becomes an inmate of a public institution, then no
compensation shall be payable unless he has wholly dependent on him
for support a person or persons named in subsection (1), (2), and (3) of

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section 30 of this act (whose dependency shall be determined as if the
employee were deceased), and in which case the compensation provided
for in this subsection shall be paid for the benefit of said persons so
dependent, during dependency, in such institution.
What consti(e) The total and permanent loss of the sight of both eyes, or the loss
aT)iltTt0tal dlS" °f both arms at the shoulder, or complete and permanent paralysis, or
total and permanent loss of 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.
Payments prior
(J) Jn case a workman sustains an injury due to accident arising out
to death.
an(j *n
course 0f
employment, and during the period of dis
ability caused thereby death results proximately therefrom, all pay
ments previously made as compensation for such injury shall be de
ducted from the compensation, if any, due on account of death.
Two or more
g Ec. 29. In case any employee for whose injury or death compenempioyers.
sation is payable under this act shall at the time of injury be employed
and paid jointly hy two or more employers sub j ect to this act, such em
ployers shall contribute to payment of such compensation in a propor
tion of their several wage liability to such employee. If one or more,
but not all, of such employers should be subject to this act and other
wise subject to liability for compensation hereunder, then the liability
of such of them as are so subject shall be to pay the proportion of the
entire compensation which their portion of the wage liability bears to
the wages of the employee: Provided, however, That nothing in this sec
tion shall prevent any agreement between the different employers be
tween themselves as to the distribution of the ultimate burden of such
compensation.
Dependents.
S e c . 30. For the purposes of this act the following described persons
shall be conclusively presumed to be wholly dependent:
( 1) A wife, unless it be shown that she was voluntarily living apart
A
from her husband at the time of his injury, and minor children under
the age of sixteen years.
(2) Children between sixteen and eighteen years of age, or those over
eighteen, if physically or mentally incapacitated from earning, shall,
prima facie, be considered dependent.
(3) Wife, child, husband, mother, father, grandmother, grandfather,
sister, brother, mother-in-law, and father-in-law who were wholly sup
ported by the deceased workman at the time of his death and for a rea
sonable period of time immediately prior thereto, shall be considered
his actual dependents, and payment of compensation shall be made to
them in the order named.
(3a) Any member of a class named in subdivision (3) who regularly
derived part of his support from the wages of the deceased workman
at the time of his death and for a reasonable period of time immediately
prior thereto shall be considered his partial dependent, and payment
of compensation shall be made to such dependents in the order named.
Benefits.
(4 ) In death cases, compensation payable to dependents shall be
computed on the following basis, and shall be paid to the persons en
titled thereto, without administration:
(5) If the deceased employee leave a widow and no dependent child,
there shall be paid to the widow thirty per centum of the average
weekly wages of deceased.
(6 ) If the deceased employee leave a widow and one dependent child,
there shall be paid to the widow for the benefit of herself and such child,
forty per centum of the average weekly wages of deceased.
(7) If the deceased employee leave a widow and two or more de
pendent children, there shall be paid to the widow for the benefit of
herself and such children, fifty per centum of the average weekly wages
of deceased.
(8 ) In all cases where compensation is payable to a widow for the
benefit of herself and dependent child or children, the court shall have
power to determine in its discretion what portion of the compensation
shall be applied for the benefit of any such child or children, and may
order the same paid to a guardian.
( 9 ) For the purpose of this act, the dependents of a widow or widower
of a deceased employee and dependent children shall terminate with
remarriage of the widow, excepting a child physically or mentally in-

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capacitated from earning, and the dependence of such a child shall
terminate with the age of eighteen.
(10) If the deceased employee leave a dependent orphan, there shall
be paid thirty per centum of the monthly wages of deceased, with ten
per centum additional for each additional orphan, with a maximum of
fifty per centum of such wages.
(11) If the deceased employee leave a dependent husband and no
dependent child, there shall be paid to the husband twenty per centum
of the average weekly wages of deceased.
(12) If the deceased employee leave no widow or child or husband
entitled to any payment hereunder, but should leave a parent or
parents, either or both of whom are wholly dependent on the deceased,
there shall be paid, if only one parent, twenty-five per centum of the
average weekly wages of the deceased to such parent, and if both
parents, thirty-five per centum of the average weekly wages of the
deceased to such parents.
(13) If the deceased leave no widow or dependent child or husband
or parent entitled to any payment hereunder, but leaves a grandparent,
brother, sister, mother-in-law, or father-in-law wholly dependent on
him for support, there shall be paid to such dependent, if but one,
twenty per centum of the average weekly wages of the deceased, or if
more than one, twenty-five per centum of the average weekly wages of
the deceased, divided between or among them, share and share alike.
(14) If compensation is being paid under this act to any dependent,
such compensation shall cease upon the death or marriage of such
dependent, unless otherwise provided herein.
(15) Partial dependents shall be entitled to receive only that pro- Partial dependportion of the benefits provided for actual dependents which the aver-entsage amount of the wages regularly contributed by the deceased to such
partial dependent at, and for a reasonable time immediately prior to the
injury, bore to the total income of the dependent during the same time.
(16) The compensation payable in case of death to persons wholly Maximum and
dependent shall be subject to a maximum compensation of eleven ($11)
pay‘
dollars per week and a minimum of five ($5) per week: Provided, That
if at the time of the injury the employee receives wages of less than five
($5) dollars per week, the compensation shall be the full amount of
such wages per week. The compensation payable to partial dependents
shall be subject to a maximum of eleven ($11) dollars per week, and a
minimum of five ($5) dollars per week; Provided, That if the income
loss of said partial dependents by such death is less than five ($5)
dollars per week, then the dependents shall receive the full amount of
their income loss. This compensation shall be paid during dependency
not exceeding four hundred (400) weeks, payments to be made at the
intervals when the wage was payable as nearly as may be.
(17) In computing and paying compensation to orphans or other Children,
children, in all cases, only those under eighteen years of age, or those
over eighteen years of age who are physically or mentally incapacitated
from earning, shall be included, the former to receive compensation
only during the time they are under eighteen, the latter only for the
time they are so incapacitated, within the period of four hundred (400)
weeks.
(18) Actual dependents shall be entitled to take compensation in Order of benethe order named m subsection (3) above until fifty per centum of theficianes*
monthly wages of the deceased during the time specified in this act
shall have been exhausted, but the total compensation to be paid to all
actual dependents of a deceased employee shall not exceed in the
aggregate eleven ($11) dollars per week.
S e c . 31. The time within which the following acts shall be performed Limitations,
under this act shall be limited to the following periods, respectively:
( 1) Actions or proceedings by an injured employee to determine or
recover compensation, one ( 1) year after the occurrence of the injury.
(2) Actions or proceedings by dependents to determine or recover
compensation, one year after the date of notice in writing given by the
employer to the bureau of workshop and factory inspection of the State,
stating his willingness to pay compensation when it is shown that the
death is one for which compensation is payable. In case the deceased
was a native of a foreign country and leaves no known dependent or

902

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dependents within the United States, it shall be the duty of the bureau
of workshop and factory inspection to give written notice forthwith of
mid death to the consul or other representative of said foreign country
residing within the State.
(3) Proceedings to obtain judgment in case of default of employer for
thirty (30) days to pay any compensation due under any settlement or
determination, one ( 1) year after such default.
(4) In case of physical or mental incapacity, other than minority, of
the injured person or his dependents to perform or cause to be performed
any act required within the time in this section specified, the period of
limitation in any such case shall be extended for one year from the date
when such incapacity ceases.
Disputes.
S ec . 32. In case of a dispute over or failure to agree upon compensa
tion under this act between the employer and employee or the depend
ents of the employee, either party may submit the entire matter for
determination to the judge or chairman of the#county court in which
the accident occurred, and such judge or chairman is hereby vested
with jurisdiction to hear and determine the issues and render judgment
and enforce the same in the same manner as courts of record render and
Court to act.
enforce judgment. The county judge or chairman shall have the power
to subpoena witnesses, administer oaths, and punish witnesses for con
tempt, and, in short, he shall have such powers in conducting hearings
under this act as are possessed by the judges of the circuit courts of the
State of Tennessee as courts of general jurisdiction. Officers serving
process, subpoenas, and other papers shall have the same fees now pro
vided by law for such officers in the magistrates’ courts.
Petition.
The party invoking the power of said court shall file a petition setting
out the facts on which the claim is based under this act. Upon said
petition being filed, the clerk of the county court shall issue and cause
to be served on the defendant named in said ^petition a summons,
accompanied by a certified copy of the petition, commanding the
defendant to appear and make defense to said petition before the judge
or chairman of said county court. Said summons shall be served on
the defendant as in other civil cases at least ten days before the time
the matter is to be heard. The county judge or chairman shall set
claims for hearing not more than fifteen days after the filing of the
Answer.
petition unless for good cause shown. The defendant shall file an
answer to said petition on or against the day specified in the summons,
unless the court grants further time in which to answer on good cause
shown by affidavit. Should the defendant fail to answer the petition
within the time prescribed, a judgment pro confesso will be entered
against him and the cause proceeded with ex parte. The judge or
chairman trying the case shall hear the evidence offered by either or
both parties and render judgment. Either party dissatisfied with the
Appeals.
judgment of the judge or chairman may appeal, as in other civil cases,
to the next term of the circuit court of the country, where the cause
will be heard by the circuit judge de novo. The cause shall be heard
by the circuit judge without a jury and as other nonjury civil cases are
heard in the circuit court. Neither party shall have the right to de
mand a jury. It shall be the duty of the county judge or chairman of
the county court in carrying out the provisions of this act to keep a
docket of all claims presented to him for settlement or adjudication,
and he shall cause to be entered on a separate minute book a final
Tecord of his findings and conclusions in litigated cases as well as of
orders, compromises or settlements made by him. For acting in each
of such cases which is contested or litigated the county judge or chairFees.
man of the county court shall receive a fee of $5, which shall be taxed
as a part of the costs of the case against the unsuccessful party. For
entering all orders, settlements, or compromises of claims which are not
controverted or litigated, the county judge or chairman of the county
court shall receive as compensation a fee of two ($2 ) dollars, which
shall be taxed equally against both parties. In the event of failure of
either party to appear within ten days, excluding holidays and Sun
days, the judgment of a county judge or chairman shall be final. The
Op t i o n of party filing the petition may,'at his option, instead of filing the same
cour s*
before the county j udge or chairman, file the same as an original petition
in either the circuit, criminal, or chancery court of the county in which

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petitioner resides or in which the alleged accident happens, in which
event summons shall be issued him by the clerk of the court in which
the proceeding is instituted, and shall be returned before said court
within the time provided for proceedings before a county judge or
county chairman. The issue shall be made in the same manner and
the presiding judge shall proceed to hear the case as provided in case
ol appeal from the county judge or chairman. Whenever any matter
is brought before the county judge or chairman or before any judge as
provided herein, the said county judge or chairman, or any judge,
may, if he so desires, visit the scene of the accident and examine the
surroundings.
Any party to the proceeding^ in the circuit, criminal, or chancery Writ to sucourt may, if dissatisfied or aggrieved by the judgment or decree of that preme co
court, pray an appeal in the nature of a writ of error to the supreme
court of Tennessee, where the cause shall be heard and determined in
accordance with the practice governing other appeals in the nature of
a writ of error in civil causes.
Sec, 33. The fees of attorneys and physicians and charges of hospitals Fees,
for sendees to employees under this act shall be subject to the approval
of the county judge or chairman of the county court, or other court
before which the matter is pending: And provided, That no attorney’s
fees to be charged employees shall be in excess of twenty (20 ) per cent
of the amount of the recovery or award to be paid by the party employ
ing the attorney.
[The provision as to the amounts of court fees violates specific provisions of the
State constitution, and is void; but this does not affect the remainder of the law?
which is constitutional.] Scott v. National Bridge Co., 223 S. W . 844.
S e c . 34. In case a deceased employee for whose inj my or death Alien beneficicompensation is payable under the provisions of this act leaves sur-anes*
viving him an alien dependent or dependents residing outside of the
United States, the circuit court, instead of the judge or chairman of
the county court, shall hear and determine the matter and order pay
ment of any compensation due from the employer to be made to the
duly accredited consular officer of the country of which the beneficiaries
are citizens, if there is such consular officer residing in this State, and
if not, to the designated representative of such consular officer residing
within this State, and such consular officer or his representative shall
be fully authorized and empowered by this act to settle all claims for
compensation and receive for distribution to the persons entitled
thereto such compensation. The distribution of such funds in such
case shall be only made on the order of the circuit court. If required
so to do by the court, such consular officer or his representative shall
execute a good and sufficient bond, to be approved by the court, con
ditioned upon the faithful accounting of the moneys so received by
him, and before such bond is discharged a verified statement of receipts
and disbursements of said moneys shall be made and filed in said circuit
court. Such consular officer or his representative shall, before receiv
ing the first payment of such compensation, and^ at reasonable times
thereafter, upon the request of the employer, furnish to the employer a
sworn statement containing a list of the dependents, with the name,
age, residence, extent of dependency, and relationship to the deceased
of each dependent.
Sec. 35. Copies of all settlements and releases shall be filed by the Settlements to
employer with the bureau of workshop and factory inspection within ,e e *
ten ( 1 0 ) days after such settlements are made, and shall become part of
the permanent records of that department.
Sec. 36. The amounts of compensation payable periodically here- Lumpsums,
under may be commuted to one or more lump-sum payments. These
may be commuted only with the consent of the circuit court. In
making such commutation the lump-sum payment shall, in the aggre
gate, amount to a sum equal to the present value of all future install
ments of compensation calculated on a six per cent basis. No settle
ment or compromise shall be made except on the terms herein provided.
Sec. 37. All settlements of compensation by agreement of the parties
settle*
and all awards of compensation made by the court, where the amountmen s a *
paid or to be paid in settlement or by award does not exceed the com
pensation for six months’ disability, shall be final, and not subject to
readjustment.

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gEC. 38. All amounts paid by employer and received by the em
ployee or his dependents, by lump-sum payment, shall be final, but the
amount of any award payable periodically for more than six (6 ) months
may be modified as follows:
(a) At any time by agreement of the parties and approved by the
court.
(b) If the parties can not agree, then at any time after six (6) months
from date of the award an application may be made to the courts by
either party on the ground of increase or decrease of incapacity due
solely to the injury. In such cases the same procedure shall be fol
lowed as in section 32, in case of disputed claim for compensation.
Payment
to Sec. 39. Any time after the amount of any award has been agreed
upon b y the parties, or found and ordered by the court a sum equal to
the present value of all future installments of compensation, calculated
on a six per cent basis, may (where death or the nature of the injury
renders the amount of future payments certain), by leave of court,*be
paid by the employer to any savings bank or trust company of this State
to be approved and designated by the court, and such sum, together
with all interest thereon, shall thereafter be held in trust for the em
ployee or the dependents of the employee, who shall have no further
recourse against the employer. The payment of such sum by the em
ployer, evidenced by the receipts in duplicate of the trustee, one of
which shall be filed with the bureau of workshop and factory inspec
tion, and the other filed with the clerk of the circuit court, shall operate
as a satisfaction of said award as to the employer. Payments from said
fund shall be made by the trustee in the same amounts and at the same
time as are herein required of the employer, until said fund and in
terest shall be exhausted. In the appointment of the trustee prefer
ence shall be given, in the discretion of the court, to the choice of the
injured employee or the dependent of the deceased employee, as the
case may be.
Insurance car- S ec. 40. Every person, partnership, association, or organization, or
r €rs*
corporation, whether organized under th e laws of this or any other
State or country which has or may hereafter comply with the laws of
the State of Tennessee and is authorized to write accident or indemnity
insurance in the State of Tennessee, shall be authorized and empowered
to write workmen’s compensation insurance under the terms and pro
visions of this act, and likewise every reciprocal or mutual insurance
association or corporation shall have the like privilege, and shall be
subject to the same tax on premiums now imposed by law on casualty
or indemnity insurance underwriters.
Every insurance corporation or mutual corporation o r. reciprocal
exchange, authorized to transact business in this State, which insures
employers against liability for compensation under the provisions of
this act, shall file with the insurance commissioner its classification of
risks and premiums relating thereto, and any subsequent proposed
classification of risks and premiums together with basic rates and sched
ules if a system of schedule rating be in use, none of w'hich shall take
effect until the insurance commissioner shall have approved the same
as adequate. The insurance commissioner may withdraw his approval
of any premium rate or schedule made by any such insurance corpora
tion, mutual corporation or reciprocal exchange, if, in his judgment,
such premium rate or schedule is inadequate to provide the necessary
reserves.
insurance.
S ec. 41. Every employer under and affected by this act ( 1) shall
insure and keep insured his liability hereunder in some person or
persons, association, organization or corporation authorized to transact
the business of workmen’s compensation insurance in this State, or
(2 ) shall furnish to the insurance commissioner of the State of Tennessee
Self-insurers,
satisfactory proof of his financial ability to pay all claims that may
arise against him under this act, and guarantee the payment of the
same in the amount and manner and when due as provided for in this
act. If the employer elects to pursue the latter course, the insurance
commissioner of the State of Tennessee may in his discretion require
the deposit of an acceptable security or indemnity bond to secure
the payment of compensation liability as may be incurred under this
act. Said bond shall be conditioned to run directly for the benefit

TEXT OF LAWS— TENNESSEE.

905

the employees subject to this act and may bo enforced by them directly
in an action in their name. This act shall not apply to policies of in
surance against loss from explosion of boilers or flywheels or other
similar single catastrophe hazards.
Every employer accepting the provisions of this act shall, within Evidence of inthirty (30) days after this act takes effect, file with the insurance com-surancemissioner of the State of Tennessee and annually thereafter, or as often
as may be necessary under the ruling of said insurance commissioner,
evidence of his compliance with the provisions of this act relating to
insurance or indemnity to ^employees. Until these provisions are
complied with, the employer shall from the date this act becomes
effective, be liable to an employee either for compensation under this
act or at law in the same manner as if the employer had refused to ac
cept the provisions of this act, and in any*suit brought by the employee
against the employer the defense of contributory negligence, the
fellow-servants’ rule, and assumption of the risk by the employee shall
not be open to or set up by the employer in any common law court in
which such suit may be brought. Claim of compensation in such cases
under this act shall be deemed a waiver of the right to proceed at law
and the institution of an action at law shall be deemed a waiver of all
claims to compensation hereunder. No agreement by any.employee Cost on emto pay any portion of the insurance premium paid by his employerp 0JTer*
shall be valid, and any employer who deducts any portion of such
premium from the wages or salary of any employee entitled to the bene
fits of this act shall be guilty of a misdemeanor, and upon conviction
thereof shall be fined not more than $100 for each offense.
Sec. 42. Every employer accepting the provisions of this act shall, Failure to file
within thirty (30) days after this act‘takes effect, file with the insurance evidence*
commissioner of the State of Tennessee on a form prescribed by the
commissioner, and thereafter annually or as often as the commissioner
in his discretion deems necessary, evidence of his compliance with the
provisions of section 41 of this act. If any such employer refuses or
willfully neglects to comply with these provisions, he shall be punished
by a fine of not less than $10 nor more than $100, and after such convic
tion shall be subject to a fine of not less than $1 nor more than $10 for
each day of such refusal or neglect and until he shall comply with said
provisions, and also such employer so refusing or neglecting to comply
with said provisions during the continuance of such refusal or neglect
shall be liable to an injured employee either for compensation as pro
vided in this act to be recovered in an action brought in a court of com
petent jurisdiction for that purpose or for damages-to be recovered as if
this act had not been passed, as such employee may elect; and in case
suit for damages is brought instead of a suit to recover compensation
under the provisions of this act, the employer, when sued, shall not be
allowed to set up as defense to the action that the employee was guilty
of contributory negligence, or that the injury was occasioned by the
negligence of a fellow servant of the employee, or that the employee had
assumed the risk of the injury. Claim of compensation made under
this act shall be deemed a waiver of the right to sue for damages, and the
institution of a suit for damages shall be deemed a waiver of a right to
claim compensation under this act.
Sec. 43. Whenever an employer has complied with the provisions of Certificate,
this act relating to insurance the insurance commissioner of the State
of Tennessee shall issue to such employer a certificate which shall
remain in force for a period to be fixed by the insurance commission,
but the insurance commissioner may, upon thirty (30) days’ notice and
a hearing to the employer, revoke the certificate upon satisfactory evi
dence for such revocation having been presented. At any time after
such revocation the insurance commissioner may grant a new certifi
cate to the employer upon his petition.
Sec. 44. All policies insuring the payment of compensation under Provisions of
this act must contain a clause to the effect that as between the employer p0 cies'
and the insurer, the notice of or knowledge of the occurrence of the
injury on the part of the insured shall be deemed notice or knowledge,
as the case may be, on the part of the insurer, that jurisdiction of the in
sured for the purpose of this act shall be jurisdiction of the insurer, and
that the insurer shall in all things be bound by and subject to the

906

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awards, orders, judgments or decrees rendered against such insured,
whether a formal party to the proceedings or not.
Sec. 45. No policy of insurance against liability arising under this
act shall be issued unless it contains an express agreement of the
insurer that it will promptly pay to the person entitled to same all bene
fits conferred by this act. and all installments of the compensation that
may be awarded or agreed upon, and that this obligation shall not be
affected by any default of the insured for the injury or by any default
in the giving of any notice required by such policy or otherwise. Such
agreement sliall be construed to be a direct promise by the insurer to
the person entitled to compensation under this act, and may be en
forced directly by such person in his name, and the failure, if any, of
the insured to comply with an}' provisions of the policy regarding notice
of injury and such matters shall not be a defense in a suit on the policy
by the insured employee or his dependents or representatives, unless
it can be shown that such insured employee or his representatives or
dependents aided and abetted in seeking to mislead or defraud the
insurer.
Power of insur
Sec. 46. There is hereby conferred upon the insurance commissioner
ance c o m m i s
of the State of Tennessee the power to enforce the provisions of this act
sioner.
which relate to the assurance of payments of the award thereunder.
The insurance commissioner shall have the power, subject to the ap
proval of the governor, to employ such clerical assistance as he may
deem necessary and fix the compensation of the person or persons
so employed. He may make rules and regulations not inconsistent
with this act for the purpose of discharging his duties under the pro
visions of this act. He may provide forms for the use of employers and
such other literature as may be necessary, and shall furnish free of
charge to any employee or employer such literature and blank forms as
he may deem requisite to facilitate or promote the efficient administra
tion of this act.
Construction to
Sec. 47. The rule of common law requiring strict construction of
be equitable.
statutes in derogation of common law shall not be applicable to the
provisions of this act, but the same is hereby declared to be a remedial
act, which shall be given an equitable construction by the courts to
the end that the objects and purposes of this act may be realized and
attained.
Provisions sev
Sec. 48. If any section or provisions of this act shall be decided or
erable.
declared by the courts to be unconstitutional and invalid, the same
shall not affect the validity of this act as a whole or any part or section
thereof other than the part or section so decided to be unconstitu
tional and invalid, as the remaining sections or portions of the act would
have been passed by the general assembly of Tennessee if the uncon
stitutional section or sections of the act had been elided by the general
assembly of the State of Tennessee before the passage of the act. *
Appropriation.
S e c . 49. For the purpose of defraying the expenses of enforcing this
aet and putting the same in operation, the sum of ten thousand ($10,000)
dollars, or so much thereof as may be necessary, is hereby appropriated
out of the revenues of the State of Tennessee not otherwise appropriated.
Such sum or so much thereof as may be necessary for clerical assistance
to the insurance commissioner of the State of Tennessee, literature,
blank forms, necessary traveling expenses of said commissioner in the
administration of this act or of his clerical assistants shall be first ap
proved by the governor of the State of Tennessee.
Repealer.
Sec. 50. All laws or parts of laws in conflict with the provisions of this
act be and the same are hereby repealed to the extent of such incon
P e n d i n g a c sistency, but the provisions of this act shall not be construed or held
tions.
to affect any litigation pending at the time this act goes into effect.
Act in effect.
Sec. 51. This act, except as to the duties and powers of the insurance
commissioner of the State, as provided in section 49, shall become
effective on July 1, 1919, and such provisions hereof as relate to the
power and duties of the insurance commissioner of the State requiring
said commissioner to prepare blank forms, literature and such other
steps by him deemed necessary as provided in section 49 shall be
effective from and after the passage of this act, the public welfare
requiring it.
Approved April 15, 1919.
Same.

TEXAS.
ACTS OF 1913.
C h apter

179 (as amended by ch. 103, acts of 1917).— Compensation of
workmen for injuries.
P a r t I.

Section 1. In an action to recover damages for personal injuries. Defenses abolsustained by an employee in the course of his employment, or f 0r is^ed*
death resulting from personal injury so sustained, it shall not be a
defense:
1. That the employee was guilty of contributory negligence.
2 . That the injury was caused by the negligence of a f ellow employee.
3. That the employee had assumed the risk of the injury incident to
his employment^ but such employer may defend in such action on the
ground^that the injury was caused by the willful intention of the em
ployee to bring about the injury, or was so caused while the employee
was in a state of intoxication.
4. Provided, however, That in all such actions against an employer Proviso,
who is not a subscriber, as defined hereafter in this act, it shall be neces
sary to a recovery for the plaintiff to prove negligence of such employer
or some agent or servant of such employer acting within the general
scope of his employment.
Sec. 2 . The provisions of this act shall not apply to actions to recover Exemptions.
damages for the personal injuries nor for death resulting from personal
injuries sustained by domestic servants, farm laborers, nor to employees
of any firm, person or corporation having in his or their employ less
than three (3) employees, nor to the employees of any person, firm or
corporation operating any steam, electric, street, or interurban railway
as a common carrier: Provided, That any employer of three or more
employees at the time of becoming a subscriber shall remain a sub
scriber subject to all the rights, liabilities, duties and exemptions of
such, notwithstanding, after having become a subscriber, the number
of employees may at times be less than three.
Sec. 3. The employees of a subscriber shall have no light of Provisions ex
action against their employer for damages for personal injuries, and the cIuslv8representatives and beneficiaries of deceased employees shall have no
right of action against such subscribing employer for damages for
injuries resulting in death, but such employees and their representatives
and beneficiaries shall look for compensation solely to the association,
asthe same is hereinafter provided for: Provided, That all compensation
allowed under the succeeding sections herein shall be exempt from
garnishment, attachment, judgment and all other suits or claims, and
no such right of action and no such compensation and no part thereof or
of either shall be assignable, except as otherwise herein provided, and
any attempt to assign the same shall be void.
Sec. 3a. An employee of a subscriber shall be held to have waived Waiver
prehis right of action at common law or under any statute of this State to sumed'
recover damages for injuries sustained in the course of his employment
if he shall not have given his employer, at the time of Ms contract of
hire, notice in writing that he claimed said right or if the contract of
hire was made before the employer became a subscriber, if the em
ployee shall not have given the said notice within five (5) days of
notice of such subscription. An employee who has given notice to his
employer that he claimed his right of action at common law or under
any statute may thereafter waive such claim by notice in writing,
which shall take effect five (5) days after its delivery to his employer or
his Agent: Providedfurther, That any employee of a subscriber who has
not waived his right of .action at common law or under any statute to
recover damages for injury sustained in the course of his employment,
as above provided in this section, shall, as well as his legal beneficiaries
and representatives, have his or their cause of action for such injuries

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as now exist by the common law and statutes of this State, which action
shall be subject to all defenses under the common law and statutes of
this State.
Compensation Sec. 3b. If an employee who has not given notice of his claim of
to be paid, wjien. common
0r statutory rights of action, as provided in section 3a,
Part I, of this act, or who has given such notice and waived the same,
sustains an injury in the course of his employment, he shall be paid
compensation by the association as hereinafter provided, if his employer
is a subscriber at the time of the injury.
Suits.
Sec. 4. Employees whose employers are not at the time of the injury
subscribers to said association, and the representatives and benefi
ciaries of deceased employees who at the time of the injury were work
ing for nonsubscribing employers can not participate in the benefits of
said insurance association, but they shall be entitled to bring suit and
may recover judgment against such employers, or any of them, for all
damages sustained by reason of any personal injury received in the
course of employment or by reason of death resulting from such injury,
and the provisions of section 1 of this act shall be applied in all such
actions.
Willful acts, S ec. 5. Nothing in this act shall be taken or held to prohibit the
etc*
recovery of exemplary damages by the surviving husband, wife, heirs
of his or her body, or such of them as there may be of any deceased
employee whose death is occasioned by homicide from the willful act
or omission or gross negligence of any person, firm or corporation from
the employer of such employee at the time of the injury causing the
*
death of the latter: Provided, That in any suit so brought for exemplary
damages the trial shall be de novo, and no presumption shall exist that
any award, ruling or finding of the industrial accident board was correct;
and in such suit brought by the employee or his legal heirs or repre
sentatives against such association or employer, such award, ruling or
finding shall neither be pleaded nor introduced in evidence.
Waiting time.
S ec. 6 . No compensation shall be paid under this act for an injury
which does not incapacitate the employee for a period of at least one
week from earning full wages, but if incapacity extends beyond one
week compensation shall begin to accrue on the eighth day after the
injury: Provided, however, The medical aid, hospital services, and
medicines, as provided for in section 7 hereof, shall be supplied as and
when needed and according to the terms and provisions of said section
7: And 'providedfurther, That if incapacity does not follow at once after
the infliction of the injury or within eight ( 8) days thereof, but does
result subsequently that compensation shall begin to accrue with the
eighth day after the date incapacity commenced. In any event the
employee shall be entitled to the medical aid, hospital service and
medicines as provided elsewhere in this act.
Medical, e t c S ec. 7. During the first two weeks of the injury, dating from the date
aid*
of its infliction, the association shall furnish reasonable medical aid,
hospital services and medicines. If the association fails to so furnish
same as and when needed during the time specified, after notice of the
injury to the association or subscriber, the injured employee may pro
vide said medical aid, hospital services and medicines at the cost and
expense of the association. The employee shall not be entitled to
recover any amount expended or incurred by him for said medical aid,
hospital services or medicines nor shall any person who supplied the
same be entitled to recover of the association therefor, unless the asso
ciation or subscriber shall have had notice of the injury and shall have
refused, failed or neglected to furnish it or them within a reasonable
time: Provided, however, That at the time of the injury or immediately
thereafter, if necessary, the employee shall have the right to call in any
available physician or surgeon to administer first-aid treatment as may
be reasonably necessary at the expense of the association. ^ During the
second or any subsequent week of continuous total incapacity requiring
the confinement to a hospital, the association shall, upon application
of the attending physician or surgeon certifying the necessity therefor
to the industrial accident board and to the association, furnish such
additional hospital services as may be deemed necessary, not to exceed
one week, unless at the end of such additional week the attending
physicians shall certify to the necessity for another week of hospital

TEXT OF LAWS— TEXAS.

909

services or so much thereof as#may be needed : Provided, however, That
such additional hospital services as are provided for in this paragraph
shall not be held to include any obligation on thepart of the association
to pay for medical or surgical services not ordinarily provided by hospi
tals as a part of their services.
S e c . 7a. If it be shown that the association is furnishing medical . Change of phyaid, hospital services and medicines provided for by section 7 hereof sician*
in such manner that there is reasonable ground for believing that the
life, health or recovery of the employeeis being endangered or impaired
thereby, the board may order a change in the physician or other require
ments of said section, and if the association fails promptly to comply
with such order after receiving it, the board may permit the employee
or some one for him to provide the same at the expense of the association
under such reasonable regulations as may be provided by said board.
S e c . 76. All fees and charges under sections 7 and 7a hereof shall be
Fe6sfair and reasonable, shall be subject to regulation of the board and shall
be limited to such charges as are reasonable for similar treatment of
injured persons of a like standard of living where such treatment is paid
for by the injured person himself or some one acting for him. In deter
mining what fees are reasonable, the board may also consider the in
creased security of payment afforded by this act. Where such medical
aid, hospital service or medicines are furnished by a public hospital or
other institution, payment thereof shall be made to the proper authori
ties conducting the same, and the amount so paid shall be promptly
reported to the board.
S e c . 7 c . All fees of attorneys for representing claimants before the
A t t o r n e y s'
board under the provisions of this act shall be subject to the approval
of the board. No attorney’ s fees for representing claimants before the
board shall be allowed or approved against any party or parties not
represented by such attorney, nor exceeding an amount equal to fifteen
per cent of the amount of the first one thousand dollars or fraction
thereof recovered, nor ten per cent of the excess of such recovery, if
any, over one thousand dollars. And in addition to the reasonable
expenses incurred by the attorney in the preparation and presentation
of the said claim before the board, such expenses to be allowed by the
board: Further provided, That where an attorney represents only a part
of those interested in the allowance of a claim before the board and his
services in prosecuting such claim and obtaining an award therein
inures to the benefit of others jointly interested therein, then the board
may take these facts into consideration and allow the attorney a rea
sonable charge, to be assessed against the interest of those receiving
benefits of the service of such attorney. The attorney’ fees herein
provided for may be redeemed by the association by the payment of
a lump sum or may be commuted by agreement of the parties subject
to the approval of the board, but not until the claim represented by
said attorney has been finally determined by the board and recognized
and accepted by the association. After the approval, as first above
provided for, if the association be notified in writing of such claim or
agreement for legal services, the same shall be a lien against any amount
thereafter to be paid as compensation: Provided, however, That where
the employee’s compensation is payable by the association in periodical
installments, the board shall fix at the time of approval the proportion
of each installment to be paid on account of said legal services.
Sec. 7d. For representing the interest of any claimant in any manner Same.
carried from the board into the courts, it shall be lawful for the attorneys
representing such interests to contract with any of the beneficiaries
under this act for an attorney’s fee for such representation, not to
exceed one-third (J^) of the amount recovered, such fee for services so
rendered to.be fixed and allowed by the trial court in which such matter
may be heard and determined.
Sec. 8 If death should result from the injury, the association here Death.
inafter created shall pay the legal beneficiaries of the deceased em
ployee a weekly payment equal to sixty per cent of his average weekly
wages, but not more than $15 nor less than $5 a week, for a period of
three hundred and sixty weeks from (he date of the injury.
Sec. 8a. The compensation provided for in the foregoing section of Beneficiaries.
this act shall be for the sole and exclusive benefit of the surviving

910

WORKMEN *S COMPENSATION LAWS OF THE UNITED STATES.

husband who has not ior good cause and for a period of three years prior
thereto .abandoned his wife at the time o f the injury, the wife who has
not at the time of the injury without good cause, and for a period of
three years prior thereto abandoned her husband and the minor chil
dren, without regard to the question of dependency, dependent par
ents, and dependent grandparents and dependent stepmothers and
dependent children or dependent brothers and sisters o f the deceased
employee, and the amount recovered thereunder shall not be liable
for the debts of the deceased nor for the .debts of .the beneficiary or
beneficiaries, and shall be distributed among such beneficiaries as may
be entitled to same as hereinbefore provided according to the laws of
descent and distribution of the State; and provided such compensation
shall not pass to the estate of the deceased to be administered upon,
but shall be paid directly to said beneficiaries when the same are capa
ble of taking, under the laws of the State, or to their guardian or next
friend, in case of lunacy, infancy or other disqualifying cause of any
beneficiary. And the compensation provided for in this act shall be
paid weekly to the beneficiaries herein named and specified, subject
to the other provisions of this act.
Death after disS e c . 8 b . I n case d e a th oc c u rs as a re su lt of th e in ju r y after a p eriod
ability.

0f to ta l or p artial incapacity,^ for w h ic h c om p e n sation h a s -been p a id ,
th e period of to ta l or p artial in c a p a c ity , for w h ic h c o m p e n s a tio n h a s
b e e n p a id , th e p e rio d o f in c a p a c ity s h a ll b e d e d u c te d fro m th e to ta l
p e rio d o f c o m p e n sa tio n a n d th e b e n e fits p a id th e re u n d e r from t h e
m a x im u m a llo w e d for t h e d e a th , re s p e c tiv e ly , s ta te d i n th is a c t.
If no dependS e c . 9 . If the deceased employee leaves no legal beneficiaries, the

association shall pay all expenses incident to his last sickness as a result
of the injury and in addition a funeral benefit not to exceed $100: Promded, however, That where any deceased employee leaves legal bene
ficiaries, but who is buried at the expense of his employer or any other
person, the expense of such burial, not to exceed $ 100, shall be payable
out of the compensation due the beneficiary or beneficiaries of such
deceased employee, subject to the approval of the board.
Total disabilSec. 10.. While the incapacity for work resulting from injury is total,
y*
the association shall pay the injured employee a weekly compensation
equal to sixty per cent of his average weekly wages, but not more than
$15 nor less than $5, and in no case shall the period covered by such
compensation be greater than four hundred and one (401) weeks from
the date of the injury.
Partial disabilS e c . 11. While the incapacity for work resulting from the injury
y*
is partial, the association shall pay the injured employee a weekly
compensation equal to sixty per cent of the difference between his
average weekly wages before the injury and his average weekly wageearning capacity during the existence of such partial incapacity, but
in no case more than #15 per week; and the period covered by such
compensation to be in no case greater than three hundred weeks:
Provided, That in no case shall the period of compensation for total
and partial incapacity exceed four hundred and one (401) weeks
from the date of the injury..
What consti* Sec. 11a. In cases of the following injuries, the incapacity shall
bUity.
" exclu sively be held to be total and permanent, to wit:
Q) The total and permanent loss of the sight in both eyes.
(2 ) The loss of both feet at or above the ankle.
(3) The loss of both hands at or above the wrist.
(4) A similar loss of one hand and one foot.
(5) An injury to the spine resulting in permanent and complete
paralysis of both aims or both legs or of one arm and one leg.
( 6) An injury to the skull resulting in incurable insanity or im
becility.
In any of the above enumerated cases it shall be considered that
th.e total loss of the use of a member shall be equivalent to and draw
the same compensation during the time of such total loss of the use
thereof as for the total and permanent loss of such member.
The above enumeration is not to be taken as exclusive, but in all
other cases the burden of jproof shall be on the claimant to prove that
his injuries have resulted in permanent total incapacity.

TEXT OF LAWS----TEXAS.

911

Sec. 12. For the injuries enumerated in the following schedule the t Parlial ^isabilemployee shall receive in lieu of all other compensation except medical y
'
aid, hospital services and medicines, as elsewhere herein provided,
a weekly compensation equal to sixty per cent of the average weekly
wages of such employee, but not less than $5 per week nor exceeding
$15 per week for the respective periods stated herein, to wit:
For the loss of a thumb, sixty per cent of the weekly wages during
sixty weeks.
# For the loss of a first finger, commonly called the index finger,
sixty per cent of the average weekly wages during forty-five weeks.
For the loss of a second finger, sixty per cent of the average weekly
wages during thirty weeks.
For the loss of a third finger, sixty per cent of the average weekly
wages during twenty-one weeks.
_ For the loss of a fourth finger, commonly known as the little finger,
sixty per cent of the average weekly wages during fifteen weeks.
^The loss of the second or distal phalange of the thumb shall be con
sidered to be equal to the loss of one-half of such thumb; the loss of
more than one-half of such thumb shall be considered to be equal to
the loss of the whole thumb.
The loss of the third or distal phalange of any finger shall be con
sidered to be equal to the loss of one-third of such finger.
_ The loss of the middle or second phalange of any finger shall be con
sidered to be equal to the loss of two-thirds of such finger.
The loss of more than the middle or distal phalange of any finger
shall be considered to be equal to the loss of the whole finger: Provided,
however, That in no case shall the amount received for the loss of a
thumb and more than one finger on the same hand exceed the amount
provided in this schedule for the loss of a hand.
For the loss of the metacarpal bone (bone of palm), for the correspond
ing thumb, finger, or fingers above, add ten weeks to the number of
weeks as above, subject to the limitation that in no case shall the
amount received for the loss or injury to any one hand be more than
for the loss of the hand.
For ankylosis (total stiffness of) or contracture (due to sears or in
juries) which make the fingers useless, the same number of weeks
shall apply to such finger or fingers or parts of fingers (not thumb) as
given above.
For the loss of a hand, sixty per cent of the average weekly wages
during one hundred and fifty weeks.
For the loss of an arm, at or above the elbow, sixty per cent of the
average weekly wages during two hundred weeks.
For the loss of one of the toes, other than the great toe, sixty per
cent of the average weekly wages during ten weeks.
For the loss of the great toe, toe, sixty per cent of the average weekly
wages during thirty weeks.
The loss of more than two-thirds of any toe shall be considered to be
equal to the loss of the whole toe.
The loss of less than two-thirds of any toe shall be considered to be
equal to the loss of one-half of the toe.
For the loss of a foot, sixty per cent of the average weekly wages
during one hundred and twenty-five weeks.
For the loss of a leg at or above the knee, sixty per cent of The average
weekly wages during two hundred weeks.
For the total and permanent loss of the sight of one eye, sixty per
cent of the average weekly wages during one hundred weeks.
In the foregoing enumerated cases of permanent partial incapacity,
it shall be considered that the permanent loss of the use of a member
shall be equivalent to and draw the same compensation as the loss of
that member.
For the complete and permanent loss of the hearing in both ears,
sixty per cent of the weekly wages during one hundred and fifty weeks.
For the loss of an eye and leg above the knee, sixty per cent of the
average weekly wages during a period of three hundred and fifty weeks.
For the loss of an eye and an arm above the elbow, sixty per cent
of the average weekly w'ages during a period of three hundred and fifty
weeks.

912

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Loss of use.

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Refusing

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For the loss of an eye and a hand, sixty per cent of the average weekly
wages during a period of three hundred and twenty-five weeks.
For the loss of an eye and a foot, sixty per cent of the average weekly
wages during a period of three hundred weeks.
Where the employee sustains concurrent injuries resulting in concurrent incapacities, he shall receive compensation only for the injury
which produces the longest period of incapacity; but this section
shall not effect liability for the concurrent loss or the loss of the use
thereof of more than one member, for which members compensation
is provided in this schedule; compensation for specific injuries under
this act shall be cumulative as to time and not concurrent.
j n an cases of permanent partial incapacity, it shall be considered
that the permanent loss of the use of the member be equivalent to and
draw the same compensation as the loss of that member; but the com
pensation in and by said schedule provided shall’be in lieu of all other
compensation in such cases.
j n au other cases, partial incapacity, including any disfigurement
which will impair the future usefulness or occupational opportunities
of the injured employee, compensation shall be determined according
to the percentage of incapacity, taking into account, among other
things, any previous incapacity, the nature of the physical injury or
disfigurement, the occupation of the injured employee and the age at
the time of the injury; the compensation paid therefor shall be sixty
per cent of the average weekly wages of the employee, but not to exceed
$15 per week, multiplied by the percentage of incapacity caused by the
injury for such period as the board may determine not exceeding three
hundred weeks. Whenever the weekly payments under this para
graph would be less than $3 per week, the period may be shortened,
and the payments correspondingly increased by the board.
S e c . 12a. If the injured employee refuses employment reasonably
suited to his incapacity and physical condition, procured for him in
the locality where injured or at a place agreeable to him, he shall not
be entitled to compensation during the period of such refusal, unless in
the opinion of the board such refusal is justifiable. This section shall
not apply in cases of specific injuries for which a schedule is fixed by
this act.
Sec. 12b. In all claims for hernia resulting from injury sustained in
the course of employment, it must be definitely proven to the satisfac
tion of the board :
First. That there was an injury resulting in hernia.
Second. That the hernia appeared suddenly and immediately fol
lowing the injury.
Third. That the hernia did not exist in any degree prior to the injury
for which compensation is claimed.
Fourth. That the injury was accompanied by pain.
In all such cases where liability for compensation exists, the associa
tion shall provide competent surgical treatment by radical operation.
In case the injured employee refuses to submit to the operation, the
board shall immediately order a medical examination of such employee
by a physician or physicians of its own selection at a time and place to be
by them named, at which examination the employee and the associa
tion, or either of them, shall have the right to have his or their physician
resent. The physician or physicians eo selected shall make to the
oard a report in writing, signed and sworn to, setting forth the facts de
veloped at such examination and giving his or their opinion as to the
advisability or nonadvisability of an operation. If it be shown to the
board by such examination and the written report thereof and the ex
pert opinions thereon that the employee has any chronic disease or is
otherwise in such physical condition as to render it more than ordinarily
unsafe to submit to such operation, he shall, if unwilling to submit to
the operation, be entitled to compensation for incapacity under the
general provisions of this act. If the examination and the written re
port thereof and, the expert opinions thereon then on file before the
board do not show to the board the existence of disease or other physical
condition rendering the operation more than ordinarily unsafe and the
board shall unanimously so find and so reduce its findings to writing and

TEXT OF LAWS— TEXAS.

913

-file the same in the ease and furnish the employee and the association
with a copy of its findings, then if the employee with the knowledge of
the result of such examination, such report, such opinions and such
findings, thereafter refuses to submit within a reasonable time, which
time shall be fixed in the findings of the board, to such operation, he
shall be entitled to compensation for incapacity under the general pro
visions of this act for a period not exceeding one year.
If the employee submits to the operation and the same is successful,
which shall be determined by the board, he shall in addition to the
surgical benefits herein provided for be entitled to compensation for
twenty-six weeks from the date of the operation. If such operation is
not successful and does not result in death, he shall be paid compensa
tion under the general provisions of this act the same as if such operation
had not been had; other than in determining the quantum of compen
sation to be paid to the employee, the board may take into consideration
any minor benefits that accrued to the employee by reason thereof or
any aggravation or increased injury which accrued to him by reason
thereof.
If the hernia results in death within one year after it is sustained, or
the operation results in death, such death shall be held a result of the
injury causing such hernia and compensated accordingly under the
provisions of this act. This paragraph shall not apply where the em
ployee has willfully refused to submit to an operation which has been
found by the examination herein provided for not to be more than
ordinarily unsafe.
S ec. 12c . If an employee who has suffered a previous injury shall Secondinjuriea.
suffer a subsequent injury which results in a condition of incapacity to
which both injuries or their effects have contributed, the associa
tion shall be liable because of such injury only for the compensation to
which the subsequent injury would have entitled the injured employee
had there been no previous injury.
S ec. 12d. Upon its own motion or upon the application of any person Review,
interested showing a change of conditions, mistake, or fraud, the board
at any time within the compensation period may review any award or
order, ending, diminishing, or increasing compensation previously
awarded within the maximum and minimum provided in this act, or
change or revoke its previous order sending immediately to the parties
a copy of its subsequent order or award. He view under this section
shall be only upon notice to the parties interested.
S ec. 12e. In all cases where liability for compensation exists for an Beneficial surinjury sustained by an employee in the course of his employment and a glcal 0peratl0Ils*
surgical operation for such injury will effect a cure of the employee or
will materially and beneficially improve his condition, the association
or the employee may demand that a surgical operation be had upon the
employee as herein provided, and the association shall provide and pay
for all necessary surgical treatment, medicines and hospital services in
cident to the performance of said operation, provided, the same is had.
In case either of said parties demands in writing to the board such oper
ation, the board shall immediately order a medical examination of the
employee in the same manner as is provided for in the section of this act
relating to hernia. If it be shown by the examination, report of facts and
opinions of experts, all reduced to writing and filed with the board, that
such operation is advisable and will relieve the condition of the injured
employee or will materially benefit him, the board shall so state in writ
ing, and upon unanimous order of said board, in writing, a copy of which
shall be delivered to the employee and the association, shall direct the
employee at a time and place therein stated to submit himself to an
operation for said injury. If the board should find that said operation
is not advisable, then the employee shall continue to be compensated
for his incapacity under the general provisions of this act. If the board
shall unanimously find and so state in writing that said operation is
advisable, it shall make its order to that effect, stating the time and
place when and where such operation is to be performed, naming the
physicians therein who shall perform said operation, and if the em
ployee refuses to submit to such operation, the board may order or
177982°—21— Bull. 272------ 58

914

WORKMEN’ S COMPENSATION LAWS OP THE UNITED STATES.

direct the association to suspend the whole or any part of his compensa
tion during the time of said period of refusal. The results of such opera
tion, the question as to whether the injured^ employee shall be required
to submit thereto and the benefits and liablities arising therefrom, shall
attach, be treated, handled and determined by the board in the same
way as is provided in the case of hernia in this act.
E m p l o y-ers*
S e c . 12f. In all cases where a subscriber or the association has in his
physicians.
or jts employ a physician or physicians regularly paid in any manner
whatsoever by such subscriber or association to administer to or treat
injured employees, the name or names of such physicians at the date of
employment of the same shall be filed with the board together with a
copy of the contract of such employment. If the contract of such
physician or physicians is not in writing, then the same shall be re
duced to writing and a copy thereof filed with the board. Such con
tract shall state fully the extent and scope of the employment and the
compensation to be paid such physician or physicians. If the associa
tion or subscriber willfully fails or refuses to comply with this provision
of this act, then an injured employee or any person acting for him shall
have the right to provide hospital services, medical aid and medicine
for said injured employee, at the expense of and the same shall be
charged to the association, and the subscriber or association shall notify
the employee at or before the time of injury what physician or physi
cians are contracted with to treat his or its employees.
C o n tr ib u tio n s
Sec. 1 2 g. It shall be unlawful for any subscriber or any employer
b y employees.
w h 0 eeeks to comply with the provisions of this act to either directly
or indirectly collect of or from his employees by any means or pretense
whatever any premium under this act or part thereof paid or to be paid
upon any policy of such insurance under this act which covers such
employees, or any intended policy of such insurance designed to cover
such employees, and ifa n y subscriber or any employer of labor in this
State violates this provision of this act, then any employee or the legal
beneficiary of any employee of such employer or subscriber shall be
entitled to all the benefits of this act and in addition thereto shall have
a separate right of action to recover damages against such employer
without regard to the compensation paid or to be paid to such em
ployee or beneficiary under this act, and the association shall in nowise
be responsible because of such separate action by such employee or
beneficiary against such employer on such separate cause of action.
Agreements.
S e c . 12h. Every contract or agreement of an employer, the purpose
of 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 negli
gence of such employer or his officer, agent or servant, shall be abso
lutely void unless it also covers liability for the payment of the com
pensation provided for by this act: Provided, That this section of this
act shall not apply to employers of labor who are not eligible under the
terms of this act to become subscribers thereto, nor to employers whose
employees have elected to reject the provisions of this act, nor to em
ployers eligible to come under the terms of this act who do not elect to
do so, but who choose to carry insurance upon their employees inde
pendently of this law and without attempting in such insurance to
provide compensation under the terms of this act: But further provided,
That any evasion of this section whereby an insurance company shall
undertake, under the guise of writing insurance against the risk of the
employers who do not see proper to come under this act, to write insur
ance sunstantially or in any material respect similar to the insurance
provided for by this act, that such insurance shall be void as provided
for by the foregoing provision of this section.
Minors.
S e c . 12i. 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, that fact may be considered in arriving at his
average weekly wages, and compensation may be fixed accordingly.
This section shall not be considered as authorizing the employment
of a minor in any hazardous employment which is prohibited by any
statute of this State.
Incompetents.
Sec. 13. If an injured employee is mentally incompetent or is a
minor or is under any other disqualifying cause at the time when any

TEXT OF LAWS— TEXAS.

915

rights or privileges accrue to him or exist under this act, his guardian
or next friend may in his behalf claim and exercise such rights and
privileges except as otherwise herein provided.
In case of partial incapacity or temporary total incapacity, payment
of compensation may be made direct to the minor and his receipts
taken therefor, if the authority to so pay and receipt for said compensa
tion is first obtained from the board.
S e c . 14. No agreement by an employee to waive his rights to comWaivers,
pensation under this act shall be valid.
S ec. 15. In case where death or permanent total incapacity results Lumpsum,
from an injury, the liability of the association may be redeemed by
payment of a lump sum by agreement of the parties thereto, subject to
the approval of the industrial accident board hereinafter created.
This section shall be construed as excluding any other character of
lump-sum settlement save and except as herein specified: Provided,
however, That in special cases where in the judgment of the board
manifest hardship and injustice would otherwise result, the board may
compel the association in the cases provided for in this section to re
deem their liability b y payment of a lump sum as may be determined
by the board.
Sec. 15a. In any case where compensation is payable weekly at a Readjustments
definite sum and for a definite period, and it appears to the board that
the amount of compensation being paid is inadequate to meet the neces
sities of the beneficiary, the board shall have the power to increase the
amount of compensation by correspondingly decreasing the number of
weeks for which the same is to be paid, allowing such discount to the
company increasing such payments as is applicable in case of lump
sum settlement.
S ec. 16. In all cases of injury resulting in death, where such injury Survival of acwas sustained in the course of employment, cause of action shalltlon’
survive.
Sec. 17. Nonresident alien beneficiaries and resident alien benefi- Nonresident
ciaries shall be entitled to compensation under this act, Nonresident aliens*
alien beneficiaries may be officially represented by the consular
officers of the nation of which such alien or aliens may be citizens or
subject, and in such cases the consular officers shall have the right to
receive for distribution for such nonresident alien beneficiaries all
compensation awarded hereunder, and the receipt of such consular
officers shall be a full discharge of all sums paid to and received by
them. The association may at any time, subject to the approval of the
board, commute all future installemnts of compensation payable to
alien beneficiaries, not resident of the United States, by paying to such
alien beneficiaries the sum agreed upon and filing receipts therefor
with the board.
Sec. 18.. It is the purpose of this act that the compensation herein Payments,
provided for shall be paid from week to week and as it accrues and
directly to the person entitled thereto, unless the liability is redeemed
as in such cases provided elsewhere herein and, if the association will
fully fails or refuses to pay compensation as and when the same matures
and accrues, the board shall notify said association that such is the
course it is pursuing, and if after such notice the association continues
to willfully refuse and fail to meet these payments of compensation as
provided for in this act, the board shall have the power to hold that
such association is not complying with the provisions of this act.
And shall certify such fact to the commissioner of insurance and
banking, and said certificate shall be sufficient cause to justify said
commissioner of insurance and banking to revoke or forfeit the license
or permit of such association to do business in Texas: Provided, Said
power of the board shall not be held to deny the association the right
to bring suit or suits to set aside any ruling, order or decision of the
board.
Sec. 19. If an employee who has been hired in this State sustained Extraterrito*
injury in the course of his employment, he shall be entitled to com- nallt:y*
pensation according to the law of this State, even though such injury
was received outside of the State.

916

WORKMEN’S COMPENSATION LAWS OF THE UNITED STATES.
Part

Industrial acci
dent board.

Personnel.

Salaries.

Assistants,

Expenses.

Travel.

Rules.

Medical exami.
nation.

Refusing treat
ment, etc.

Subsequent ex
aminations.

II.

S e c t io n 1 . There shall be an industrial accident board consisting
of three members, and the same is hereby created to be appointed by
the governor, one of whom shall be chairman, and said board shall
have the powers, duties and functions hereinafter conferred. Begin
ning with September 1, 1917, one member thereof shall be appointed
for a term of two years, one for four years and one for six years; there
after the term of office for members of the board shall be six years.
Appointments to fill vacancies on the board shall be for the unexpired
terms.
S e c . 2 . One member of the industrial accident board shall be at
the time of his appointment an employer of labor in some industry or
business covered by this act; one shall be at the time of his appoint
ment employed in some business industry as a wage earner, and the
third member shall be at the time of his appointment a practicing
attorney of recognized ability, said member to act in the capacity of
legal adviser to the board, in addition to his other duties as a member
thereof, and to be chairman of said board.
S e c . 3. The salaries and expenses of the industrial accident board
shall be paid by the State. The salaries of the said members of the
board shall be as follows: For the chairman of said board $3,000 per
year, and for each of the other members thereof $2,500, payable in equal
monthly installments. The board may appoint a secretary at a salary
not to exceed $2,000 a year. And may appoint such other clerical and
other assistants as may be necessary to properly administer this act.
It shall also be allowed an annual sum, the amount to be determined
by the legislature, for clerical and other services, office equipment, trav
eling and.all other necessary expenses. The board shall be provided
suitable offices in the capitol or some convenient building in the city
of Austin where its records shall be kept.
The members of said board, or any employee thereof, shall have the
right to travel upon free railroad transportation in the prosecution of
the duties of their respective offices in the State of Texas without vio
lating any provision oi the antipass laws of this State, and any railroad
company issuing such transportation shall not be deemed nor held to
have violated any law of this State by reason thereof.
S e c . 4. The board may make rules not inconsistent with this act for
carrying out and enforcing its provisions, and may require any em
ployee claiming to have sustained injury to submit himself for exami
nation before such board or someone acting under its authority at some
reasonable time and place within the State, and as often as may be
reasonably ordered by the board to a physician or physicians author
ized to practice under the laws of this State. If the employee or the
association requests, he or it shall be entitled to have a physician or
physicians of his or its own selection present to participate in such ex
amination. Refusal of the employee to submit to such examination
shall deprive him of his right to compensation during the continuance
of such refusal. When a right to compensation is thus suspended no
compensation shall be payable in respect to the period of suspension.
If any employee shall persist in insanitary or injurious practices which
tend to either imperil or retard his recovery, or shall refuse to submit
to such medical or surgical treatment as is reasonably essential to pro
mote his recovery, the board may in its discretion order or direct the
association to reduce or suspend the compensation of any such injured
employee. No compensation shall be reduced or suspended under the
terms of this section without reasonable notice to the employee and an
opportunity to be heard.
The association shall have the privilege of having any injured em
ployee examined by a physician or physicians of its own selection, at
reasonable times, at a place or places suitable to the condition of the
injured employee and convenient and accessible to him: Provided, how
ever, That the association shall pay for such examination and the reason
able expense incident to the injured employee in submitting thereto:
And providedfurther, That the injured employee shall have the privilege
to have a physician or physicians of his own selection, at the expense of
such injured employee, present to participate in such examination.

TEXT OF LAWS— TEXAS.

917

Process and procedure shall be as summary as may be under this act. Procedure.
The board or any member thereof shall have power to subpoena wit
nesses, administer oaths, inquire into matters of fact, and to examine
such parts of the books and records of the parties to a proceeding as
relate to questions in dispute. All rulings and decisions of the board
relating to disputed claims shall be upon questions of fact and in accord
with the provisions of this act.
Sec. 4a. Unless the association or subscriber have notice of the in Notice.
jury, no proceeding for compensation for injury under this act shall be
maintained unless a notice of the injury shall have been given to the
association or subscriber within thirty (30) days after the happening
thereof, and unless a claim for compensation with respect to such injury
shall have been made within six (6) months after the occurrence of
same; or, in case of death of the employee or in the event of his physi
cal or mental incapacity within six ( 6) months after the death or the
removal of such physical or mental incapacity: Provided, That for good
cause the board may in meritorious cases waive the strict compliance
with the foregoing limitations as to notice and the filing of the claim be
fore the board.
Sec. 5. All questions arising under this act, if not settled by agree Disputes.
ment of the parties interested therein and within the terms and pro
visions of this act, shall, except as otherwise provided, be determined
by the board.^ Any interested party who is not willing and does not
consent to abide by the final ruling and decision of said board shall
within twenty days after the rendition of said final ruling and decision
by said board give notice to the adverse party and to the board that he
will not abide by said final ruling and decision. And he shall within
twenty days after giving such notice bring suit in some court of com A p p e a l s to
petent jurisdiction in the county where the injury occurred to set aside courts.
said final ruling and decision, and said board shall proceed no further
toward the adjustment of such claim, other than as hereinafter provided:
Provided, however, That whenever such suit is brought, the rights and
liability of the parties thereto shall be determined by the provisions of
this act, and the suit of the injured employee or person suing on account
of the death of such employee shall be against the association if the
employer of such injured or deceased employee at the time of such in
jury or death was a subscriber as defined m this act. If the final order
of the board is against the association, then the association and not the
employer shall bring suit to set aside said final ruling and decision of
the board, if it so desires, and the court shall in either event determine
the issues in such cause instead of the board upon trial de novo and the
burden of proof shall be upon the party claiming compensation. In
case of recovery the same shall not exceed the maximum compensation
allowed under the provisions of this act. If any party to any such
final ruling and decision of the board, after having given notice as above
provided, fails within said twenty days to institute and prosecute a suit
to set the same aside, then said final ruling and decision shall be bind
ing upon all parties thereto, and, if the same is against the assoc? 3,ticit shall at once comply with such final ruling and decision, and
' r
to do so the board shall certify that fact to the commissioner oi ins a:
ance and banking, and such certificate shall be sufficient cause to jus
tify said commissioner of insurance and banking to revoke or forfeit the
license or permit of such association to do business in Texas.
Sec. 5a. In all cases where the board shall make a final order, ruling Enforcement oI
or decision, as provided in the foregoing section 5 hereof, and against awards.
the association, and the association shall fail and refuse to obey or com
ply with the same and shall fail or refuse to bring suit to set the same
aside as in said section 5 is provided, then in that event the claimant in
addition to the rights and remedies given him and the board in said sec
tion 5 may bring suit in some court of competent jurisdiction where the
injury occurred, upon said order, ruling or decision, and if he secures a
judgment in said court sustaining such order, ruling or decision in whole
or in part, he shall also be entitled to recover the further sum of twelve Penalty.
per cent as damages upon the amount of compensation so recovered in
said judgment, together with a reasonable attorney’s fee for the prose
cution and collection of such claim.

918

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 f t h e UNITED STATES.

It is further provided that where the board has made an award against
an association requiring the payment to an injured employee or his
beneficiaries of any weekly or monthly payments, under the terms
of this act, and such association should thereafter fail or refuse, without
justifiable cause, to continue to make said payments promptly as they
mature, then the said injured employee or his beneficiaries, in case of
his death, shall have the right to mature the entire claim and to
institute suit thereon in any court of competent jurisdiction where
the injury occurred to collect the full amount thereof, together with
twelve per cent penalties and attorney’s fees, as provided for in the
foregoing paragraph of this section. Suit may be brought under the
provisions of this section of the act, either in the county where the
accident occurred, or in any county where the claimants reside, or
where one or more of such claimants may have his place of residence
at the time of the institution of the suit.
Contractors.
Sec . 6 . If any subscriber to this act with the purpose and intention
of avoiding any liability imposed by the terms of the act sublets the
whole or any part of the work to be performed or done b y said sub
scriber to any subcontractor, then in the event any employee of
such subcontractor sustains an injury in the course of his employment
he shall be deemed to be and taken for all purposes of this act to be
the employee of the subscriber, and in addition thereto such employee
shall have an independent right of action against such subcontractor,
which shall in no way be affected by any compensation to be received
by him under the terms and provisions of this act.
Third persons. Se c . 6a. Where the injury for which compensation is payable under
this act was caused under circumstances creating a legal liability in
some person other than the subscriber to pay damages in respect thereof,
the employee may at his option proceed either at law against that
person to recover damages or against the association for compensation
under this act, but not against both, and if he elects to proceed at law
against the person other than the subscriber, then he shall not be en
titled to compensation under the provisions of this act; if compensation
be claimed under this act by the injured employee or his legal bene
ficiaries, then the association shall be subrogated to the rights of the
injured employee in so far as may be necessary and may enforce in the
name of the injured employee or of his legal beneficiaries or in its own
name and for the joint use and benefit of said employee or beneficiaries
and the association the liability of said other person, and in case the
association recovers a sum greater than that paid or assumed by the
association to the employee or his legal beneficiaries, together with a
reasonable cost of enforcing such liability, which shall be determined
b y the court trying the case, then out of the sum so recovered the asso
ciation shall reimburse itself and pay said cost and the excess so recov
ered shall be paid to the injured employee or his beneficiaries. The
association shall not have the right to adjust or compromise such lia
bility against such third person without notice to the injured employee
or his beneficiaries. The association shall not have the right to adjust
or compromise such liability against such third person without notice
to the injured employee or his beneficiaries and the approval of the
board, upon a hearing thereof.
Accidents to be
S e c . 7. Every subscriber shall hereafter keep a record of all injuries,
repo ea.
fatal or otherwise, sustained by his employees in the course of their em
ployment. Within eight days after the occurrence of an accident re
sulting in an injury to an employee, causing his absence from work for
more than one day, a report thereof shall be made in writing to the
board on blanks to be procured from the board for that purpose. Upon
the termination of the incapacity of the injured employee, or if such
incapacity extends beyond a period of sixty days, the subscriber shall
make a supplemental report upon blanks to be procured for that pur
pose. The said report shall contain the name and nature of the busi
ness of the employer, the location of the establishment, the name, age,
sex and occupation of the injured employee and the character of work
in which he was engaged at the time of the injury, and shall state the
date and hour of receiving such injury and the nature and cause of the
injury, and such other information as the board may require. Any
employer willfully failing or refusing to make any such report within

TEXT OF LAWS— TEXAS.

919

the time herein provided, or willfully failing or refusing to give said
board any information demanded by said board relating to any injury
to any employee, which information is in the possession of or can be
ascertained by the employer by the use of reasonable diligence, shall
be liable for and shall pay to the State of Texas a penalty of not more
than one thousand dollars for each and every offense, the same to be
recovered in a suit to be instituted and prosecuted in Travis County by
the attorney general or by the district or county attorney under his
direction in a district court thereof.
S e c . 8 . A majority of the board shall constitute a quorum to transact Quorum,
business, and the act or decision of any two members of the board shall
be held the act or decision of the board, except as otherwise herein spe
cifically provided. No vacancy shall impair the right of the remaining
member or members of the board to exercise all the powers of the board.
The board shall provide itself with a seal for the authentication of its
orders, awards or proceedings on which shall be inscribed the words
‘ ‘Industrial accident board, State of Texas, official seal.” And any Seal,
order, award or proceeding of said board when duly attested and sealed
by the board or its secretary shall be admissible as evidence of the act
of said board in any court in this State.
S e c . 9. Upon the written request and payment of the fees therefor, Copies
of
which fees shall be the same as those charged for similar services in the awardsSecretary of State’s office, the board shall furnish to any person entitled
thereto a certified copy of any order, award, decision or paper on file in
the office of said board, and the fees so received for such copies shall be
covered into the treasury of the State of Texas into the fund for assistant
clerical hire in the department of the industrial accident board, and so
much thereof as may be necessary may be used by said department
upon proper voucher therefor to pay the necessary clerks to make such
copies, and any excess that may exist at the end of any fiscal year in
such fund shall lapse into the general revenue fund of this State, and
no fee or salary shall be paid to any clerk or other person in said depart
ment for making such copies in e xcess of the fees charged for such copies.
S e c . 10. Said board or any member thereof may hold hearings or take Investigations,
testimony or make investigations at any point within the State of Texas,
reporting the result thereof, if the same is made by one member to the
board, or it can employ or use the assistance of an inspector or adjuster
for the purpose of adjusting and settling claims for compensation or
developing the facts relating to any claim for compensation.
S e c .1 1 . When the association suspends or stops payment of com- Suspension of
pensation, it shall immediately notify the board of that fact, giving to paym
said board the name, number and style of the claim, the amount paid
thereon, the date of the suspension or stopping of payment thereon and
the reason for such suspension or stopping of payment of compensation.
S e c . 12. The board upon application of either party may in its dis- Payments,
cretion, having regard to the welfare of the employee and the conve
nience of the association, authorize compensation to be paid monthly
or quarterly.
In any case where the liability of the association or the extent of the Compromises,
injury of the employee is uncertain, indefinite or incapable of being
satisfactorily established the board may approve any compromise, ad
justment, settlement or commutation thereof made between the parties.
P art

S ection l . The

III.

“ Texas Employers’ Insurance Association ” is insurance assohereby created, a body corporate with the powers provided in this ciatlonact and with all the general corporate powers incident thereto.
S e c . 2. The governor shall appoint a board of directors of the associ- Directors,
ation consisting of twelve members, who shall serve for a term of one
year or until their successors are elected by ballot by the subscribers at
such time and for such term as the by-laws shall provide: Provided,
That at any annual meeting of subscribers the number of directors may
be increased or decreased by resolution duly recorded in the minutes
of such meeting.
S e c . 3. Until the first meeting of the subscribers the board of direc- By-laws,
tors shall have and exercise all the powers of the subscribers and may

920

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

UNITED STATES.

adopt by-laws, not inconsistent with the provisions of this act, which
shall be in effect until amended or repealed by the subscribers.
S ec . 4 . The board of directors shall immediately choose by ballot
a president, who shall be a member of the board, a secretary, a treasurer,
and such other officials as the by-laws may provide.
Quorum.
S ec. 5. Seven or more of the directors shall constitute a quorum for
the transaction of business. Vacancies in any office may be filled in
such manner as the by-laws shall provide.
Executive com
S ec . 5a. The board of directors may appoint an executive committee,
mittee.
which may have and exercise all of the powers of the board of directors,
except when the board is in session.
Subscribers.
S ec . 6 . Any employer of labor in this State may become a subscriber
except as provided in section 2 , Part I, of this act.
First meeting.
S ec . 7 . The board of directors shall, within thirty days of the sub
scription of twenty-five employers, call the first meeting of the sub
scribers by a notice in writing mailed to each subscriber at his residence
or place of business, not less than ten days before the date fixed for the
meeting.
Votes.
S ec . 8. In any meeting of the subscribers each subscriber shall have
one vote, and if a subscriber has 500 employees to whom the association
is bound to pay compensation he shall be entitled to two votes, and he
shall be entitled to one additional vote for each additional 500 employees
to whom the association is bound to pay compensation, but no sub
scriber shall cast, by his own right or by right of proxy, more than 20
votes.
Wlien policies
S e c . 9. No policies shall be issued by the association until not less
ssue.
than 50 members have subscribed, who have not less than 2,000 em
ployees to whom the association may be bound to pay compensation.
Same.
S ec . 10 . No policies shall be issued by the association until a list of
the subscribers with the number of employees of each, together with
such information as the commissioner of insurance and banking may
require, shall have been filed with the department of insurance ana
banking, nor until the president and secretary of the association shall
have certified under oath that every subscription on the list so filed is
genuine and made with an agreement with each subscriber that he
will take the policy so subscribed for by him within thirty days of the
granting of a license to the association by the commissioner of insurance
and banldng to issue policies.
Suspension.
S ec . 11. If the number of subscribers falls below 50, or the number
of employees to whom the association may be bound to pay compen
sation falls below 2 ,000, no further policies shall be issued until other
employers have subscribed who, together with existing subscribers,
amount to not less than 50, who have not less than 2,000 employees to
whom the association may be bound to pay compensation, said subscrip
tions to be subject to the provisions of the preceding section.
License.
S e c . 12 . Upon the filing of the certificates provided for in the two
preceding sections, the commissioner of insurance and banking shall
make such investigations as he may deem proper and, if his findings
warrant it, grant a license to the association to issue policies.
Classes.
S ec . 13. The board of directors may distribute the subscribers into
groups for the purpose of segregating the experience of each such group
as to premiums ana losses, and for the purpose of determining dividends
payable to and assessments payable by the subscribers within each
group, but for the purpose of determining the solvency of the association
the funds of the association shall be deemed one and indivisible. The
board of directors shall have power to rearrange any of the groups by
withdrawing any subscriber and transferring him wholly or in part to
any group and to set up new groups at its discretion.
Liability.
S e c . 14. The association may, in its by-laws and policies, fix the
limit of liability of the subscribers for the payment of assessments here
inafter provided for, but such limit of liability of the subscribers shall
not, except by special agreement in writing between the association
and subscriber, be fixed at an amount greater than an amount equal to
and in addition to an annual premium.
Assessments.
S e c . 15. If the^ association, at the end of any calendar year, is not
possessed of admitted assets in excess of unearned premiums sufficient
for the payment of its incurred losses and expenses, it shall make an
Officers.

TEXT OF LAWS— TEXAS,

921

assessment for the amount needed to pay such losses and expenses, first
upon the subscribers within each group whose earned premiums com
pared with its incurred losses and expenses shows a deficiency for the
group, and, second, only upon the subscribers within each group whose
earned premiums compared with its incurred losses and expenses shows
a surplus, and in no event shall it make an assessment for any aggregate
amount more than is needed to pay losses and expenses. Every sub
scriber shall, in accordance with the law and his contract, pay his pro
portionate part of any assessment which may be levied by the associa
tion on account of losses and expenses incurred during any calendar
year while he is a subscriber.
S ec . 16. The board of directors may by vote from time to time fix Dividends,
the amount to be paid as dividends on the policies in force during each
calendar year after retaining sums sufficient to pay all compensation
which may be payable on account of injuries sustained and expenses
incurred during the calendar year. Dividends and assessments shall
be fixed by and for groups, but the entire assets of the association,
including the liability of the subscriber to assessment within the limits
fixed by the by-laws or by special agreement in writing as authorized,
shall be subject to the payment of any approved claim for compensation
against the association.
Sec. 16a. Whenever the association shall have accumulated at the Surplus,
end of any calendar year an admitted surplus in excess of incurred
losses, expenses and unearned premiums amounting to the sum of two
hundred thousand dollars, the liability of its members to assessment
shall be suspended during the ensuing calendar year, or for such further
eriod as the association shall maintain unimpaired such surplus of two
undred thousand dollars or more, and the certificate of the commis
sioner of insurance and banking, after an examination and report, shall
be conclusive evidence as to the fact in any proceeding in which the
fact may be an issue.
Sec. 16b. Whenever by reason of having qualified under section 16a, NonparticipatPart III, to issue policies which are not subject to assessment, the g po ies*
association may issue policies which will not entitle the holder to
participate in any distribution of surplus.
S ec . 16c . The board of directors shall determine hazards by classes, Premiums,
and fix the rates of premium which shall be applicable to the pay roll
in each of such classes at the lowest possible rate consistent with the
maintenance of solvency and the creation of adequate reserves and a
reasonable surplus, and for such, purpose may adopt a system of
schedule and experience rating in such a manner as to take account
of the peculiar hazard of each individual risk.
S e c . 17. Any proposed rate of premium, assessment, or dividend
Rates to be apor any distribution of subscribers shall not take effect until approved Provedby the commissioner of insurance and banking after such investigation
as he may deem necessary.
S e c . 18. The association shall make and enforce reasonable rules for Rules for safety,
the prevention of injuries on the premises of subscribers, and for this
purpose the inspector of the association or of the^board shall have free
access to all such premises during regular working hours. Any sub
scriber aggrieved by such rule or regulation may petition the board for
a review, and it may affirm, amend or annul the rule or regulation.
S e c . 18a. Whenever any employer of labor in this State becomes Statements by
a subscriber to this act, he shall immediately notify the board of such emPl0y£rs>etcfact, stating in such notice his name, place of business, character of the
business, approximate number of employees, estimated amount of his
pay roll and the name of the insurance company carrying his insurance,
the date of issuing the policy and the date when the same will expire,
and whenever any policy is renewed that fact shall be made known to
the board, and the notice thereof shall contain the above facts. The
association shall also report the same to the board, giving the name of
the employer, place of business, character of the business, approximate
number of employees, estimated amount of pay roll, date of issuance
and date of expiration of said policy. Any employer or association
willfully failing or refusing to make any such report shall be liable for
and shall pay to the State of Texas a penalty of not more than one
thousand dollars ($1 ,000) for each and every offense, the same to be

922

WORKMEN’ S COMPENSATION LAWS OF THE UNITED STATES.

N otice to
ployees.

Same.

Paym ents
judgments.

P ow ers

Bue>
R eserves.

recovered in a suit to be instituted and prosecuted in Travis County
by the attorney general or by the district or county attorney under his
direction in the district court thereof.
em- Sec. 19. Every subscriber shall, as soon as he secures a policy, give
notice in writing or print, or in such manner or way as may be directed
or approved by the board to all persons under contract of hire with him
that he has provided for payment of compensation for injuries with the
association.
Sec. 20. Every subscriber shall, after receiving a policy, give notice
in writing or print, or in such manner or way as may be directed or
approved by the board, to all persons with whom he is about to enter
into a contract of hire that he has provided for payment of compensation
for injuries by the association. If any employer ceases to be a sub
scriber, he shall, on or before the date on which his policy expires, give
notice to that effect in writing or print, or in such other manner or way
as the board may direct or approve to all persons under contract of hire
with him. In case of the renewal of his policy, no notice shall be
required under this act. He shall file a copy of said notice with the
board.
of Sec. 21. If a subscriber who has complied with all the rules, regula
tions and demands of the association is required by any judgment of a
court at law to pay any employee any damages, actual or exemplary,
on account of any personal injury sustained by such employee in the
course of his employment during the period of subscription, the asso
ciation shall pay to the subscriber the full amount of the judgment and
the cost assessed therewith, if the subscriber shall have given the
association notice of the bringing of the action upon which the judg
ment was recovered and an opportunity to appear and defend same in
his or its name.
Sec. 22 . The corporate powers of the association shall not expire
because of failure to issue policies or to make insurance.
conSec. 23. The association shall set up and maintain reserves adequate
to meet anticipated losses and carry all claims to maturity and policies
to termination, which reserves shall be computed in accordance with
such rules as shall be approved by the commissioner of insurance and
banking.
Part IY.

D efinitions.

Section 1. The following words and phrases as used in this act shall*
unless a different meaning is plainly required by the context, have the
following meanings, respectively:
“ Employer” shall mean any person, firm, partnership, association
of persons or^ corporations or their legal representatives that makes
contracts of hire.
“ Employee” shall mean every person in the service of another
under any contract of hire, express or implied, oral or written, except
masters of or seamen on vessels engaged in interstate or foreign com
merce, and except one whose employment is not in the usual course
of the trade, business, profession or occupation of his employer.
The words “ legal beneficiaries” as used in this act, shall mean the
relatives named in section 8a, Part I, of this act.^ “ Association’ ’ shall
mean the “ Texas Employers’ Insurance Association” or any other
insurance company authorized under this act to insure the payment
of compensation to injured employees or to the beneficiaries of deceased
employees.
“ Subscriber” shall mean any employer who has become a member
of the association by paying the required premium: Provided, That the
association holds a license issued by the commissioner of insurance
and banking, as provided for in section 12, Part III of this act.
‘ ‘ Average weekly wages ’ ’ shall mean:
1. If the injured employee shall have worked in the employment in
which he was working at the time of the injury, whether for the same
employer or not, substantially the whole of the year immediately
receding the injury, his average annual wages shall consist of three
undred times the average daily wage or salary which he shall have
earned in such employment during the days when so employed.
2. If the injured employee shall not have worked in such employ
ment during substantially the whole of the year, his average annual

TEXT 03T LAWS— TEXAS.

923

wages shall consist of three hundred times the average daily wage or
salary which an employee of the same class working substantially the
whole of such immediately preceding year in the same or in a similar
employment in the same or a neighboring place shall have earned in
such employment during the days when so employed.
3. When by reason of the shortness of the time of the employment
of the employee, or other employee engaged in the same class of work
in the manner and for the length of time specified in the above sub
sections 1 and 2 , or other good and sufficient reasons, it is impracticable
to compute the average weekly wages as above defined, it shall be
computed by the board in any manner which may seem just and fair
to both parties.
4. Said wages shall include the market value of board, lodging,
laundry, fuel, and other advantages which can be estimated in money,
which the employee receives from the employer as part of his remunera
tion. Any sums, however, which the employer has paid to the
employee to cover any special expenses entailed on him by the act of
his employment shall not be included.
5. The average weekly wages of an employee shall be one-fifty-second
(1-52) part of the average annual wages.
The terms “ injury” or “ personal injury” as used in this act, shall
be construced to mean damage or harm to the physical structure of
the body and such diseases or infection as naturally result therefrom.
The term “ injury sutained in the course of employment,” as used
in this act, shall not include:
# 1. An injury caused by the act of God, unless the employee is at the
time engaged in the performance of duties that subject him to a
greater hazard from the act of God responsible for the injury than
ordinarily applies to the general public.
2 . An injury caused by an act of a third person intended to injure
the employee because of reasons personal to him and not directed
against him as an employee, or because of his employment.
3. An injury received while in a state of intoxication.
4. An injury caused by the employee’s willful intention and at
tempt to injure himself, or to unlawfully injure some other person, but
shall include all other injuries of every kind and character having to
do with and originating in the work, business, trade or profession of
the employer received by an employee while engaged in or about the
furtherance of the affairs or business of his employer whether upon the
employer’s premises or elsewhere.
S ec . la. The president, vice president or vice presidents, secretary Officers,
or other officers thereof provided in its charter or by-laws and the direc
tors of any corporation which is a subscriber to this act shall not be
deemed or held to be an employee within the meaning of that term as
defined in the preceding section hereof.
S ec . 2 . Any insurance company, which term shall include mutual insurance comand reciprocal companies, lawfully transacting a liability or accident panies*
business in this State, shall have the same right to insure the liability
and pay the compensation provided for in Part I of this act, and when
such company issues a policy conditioned to pay such compensation,
the holder of such said policy shall be regarded as a subscriber so far
as applicable under this act, and when such company insures such pay
ment of compensation it shall be subject to the provisions of Parts I,
II and IV and of sections 10,17, 18a, and 21 of Part III of this act, and
shall file with the commissioner of insurance and banking its classifi
cation of hazards with the rates of premium respectively applicable
to each, none of which shall take effect until the commissioner of
insurance and banking has approved same as adequate to the risks to
which they respectively apply and not less than charged by the asso
ciation, and such company may have and exercise all of the rights and
powers conferred by this act on the association created hereby, but
such rights and powers shall not be exercised by a mutual or reciprocal
organization unless such organization has at least 50 subscribers who
have not less than 2,000 employees.
S ec . 3. Any subscriber who has paid a premium as provided in sec- Withdrawal,
tion 1 , Part IV, of this act, may, upon application to the board and to
the association and after a showing satisfactory to the board, that he

924

w o r k m e n ’s c o m p e n s a tio n la w s o f t h e u n it e d s ta te s .

has notified all of his employees in such manner as may be required by
the board, cease to be a subscriber and be entitled to a refund of the
unearned portion of his premium, subject, however, to any rule ap
proved by the commissioner of insurance and banking as to the mini
mum premiums or short rate cancellation.
MisrepresentsS ec . 3a. Any subscriber who shall willfully misrepresent the
tlonsamount of his pay roll to the association writing his insurance upon
which any premium under this act is to be based shall be liable to the
association insuring the compensation of his employees in an amount
not to exceed ten times the amount of the difference between the pre
mium which he paid and the amount which said subscriber should
have paid had his pay roll been correctly computed; and the liability
to said association for such misrepresentation, if it was deceived
thereby, may be enforced in a civil action in any court of competent
jurisdiction in this State.
Rights survive.
S ec . 3b. No inchoate, vested, matured, existing or other rights,
remedies, powers, duties or authority, either of any employee or legal
beneficiary, or of the board, or of the association or of any other person
shall be in any way affected by any of the amendments herein made
to the original law hereby amended, but all such rights, remedies,
powers, duties and authority shall remain and be in force as under the
original law just as if the amendments hereby adopted had never been
made, and to that end it is hereby declared that said original law is not
repealed, but the same is, and shall remain in full force and effect as
to all such rights, remedies, powers, duties and authority; and further,
this act, in so far as it adopts the law of which it is an amendment, is a
continuation thereof, and only in other respects a new enactment.
Construction of
S ec . 3c. Any reference to any employee herein who has been interms*
jured shall, when the employee is dead, also include the legal benefi
ciaries, as that term is herein used, of such employee to whom compen
sation may be payable. Whenever the word “ board” is used in this
act, it shall be construed to mean industrial accident board created by
this act. Whenever in this act the singular is used, the plural shall be
included; whenever the masculine gender is used, the feminine and
neuter shall be included.
Provisions s e v
Sec. 4. Should any part of this act for any reason be held to be
erable.
invalid, unconstitutional or inoperative, no other part or parts thereof
shall be held affected thereby, and if any exception to or any limita
tion upon any general provision herein contained shall be held to be
unconstitutional or invalid or ineffective the general provisions shall,
nevertheless, stand effective and valid as if it has been enacted with
out limitation or exceptions.
Advance payS ec . 5. In cases of emergency or impending necessity the associamen
tion may make advanced payments of compensation to any employee
during the period of his incapacity or to his beneficiaries within the
terms of this act, and when the same is either directed or approved by
the board it shall be credited as against any unaccrued compensation
due said employee or beneficiaries.
Reports not S ec . 6. The reports of accidents required by this act to be made by
evidence.
subscribers shall not be deemed and considered as admissions and evi
dence against the association or the subscriber in any proceedings
before the board or elsewhere in a contested case where the facts set
out therein or in any one of them is [are] sought to be contradicted by
the association or subscriber.
Act in effect.
Sec. 7. The law as it now stands being wholly inadequate to protect
the rights of industrial employees who may be injured in industrial
accidents and the beneficiaries of such employees who may be killed
in such accidents creates an emergency and an imperative public
necessity that the constitutional rule requiring bills to be read on
three several days be suspended, and the same is hereby suspended,
and this act shall take effect from and after its passage, and it is so
enacted.
Approved March 28, 1917.

UTAH.
C O M P IL E D

L A W S — 1917.

COMPENSATION OF W O R K M EN FOR INJURIES.

3061 (as amended by ch. 63, Acts of 1919). There is hereby C o mm i s
created the industrial commission of Utah, to be composed of three cr
members who shall be appointed by the governor, by and with the
advice of the senate, one member of said commission shall be ap
pointed for a term of two years, one member for a term of four years, and
one member for a term of six years from the first Monday in January,
1919; and thereafter each member shall be appointed for a term of six
years. Not more than two members of the commission shall belong to
the same political party.
S e c . 3062. The governor at any time may remove any member of the Removals for
commission for inefficiency, neglect of duty, malfeasance, misfeasance, cause*
or nonfeasance in office.
S ec . 3063 (as amended by ch. 63, Acts of 1919). No commissioner Qualifications,
shall hold any office of trust or profit, or engage in any occupation or
business interfering or inconsistent with his duties as such commis
sioner; and no commissioner nor any regular employee of the commis
sion shall serve on any committee of any political party.
S e c . 3064. Each of said commissioners shall receive an annual salary Salary,
of $4,000, payable in the same manner as the salaries of other officers of
the State are paid. Before entering upon the duties of his office, each
commissioner shall take and subscribe to the constitutional oath of
office, which oath shall be filed in the office of the secretary of state.
Each member of the commission shall give a corporate surety bond Bonds,
in the sum of $10,000, which bond shall be approved by the governor
and filed with the State treasurer. All employees or deputies of the
commission receiving or disbursing funds of the State shall give corpo
rate surety bonds to the State in amounts and with surety to be ap
proved by the commission. The premiums of all bonds provided for
in this section shall be paid out of the State treasury.
S e c . 3065. Within thirty days after this title goes into effect, the comOrganization,
mission shall meet at the seat of government and organize by choosing
one of its members as chairman. A majority of the commission shall
constitute a quorum to transact business. No vacancy shall impair the Quorum,
rights of the remaining commissioners to exercise all the powers of the
commission; and in case a vacancy exists, the remaining members of the
commission shall exercise all of the powers and authorities of the com
mission until such vacancy is filled.
S e c . 3066. The commission shall keep and maintain its offices at the
Offices.
State capitol, in suitable room or rooms. Necessary office furniture
shall be furnished to the commission in the State capitol. The com
mission may hold sessions in any place within the State of Utah.
# S ec . 3067. The commission shall have an official seal for the authen- Official seal,
tication of its orders and proceedings, upon which seal shall be en
graved the words, “ The Industrial Commission of Utah,” and such
other design as the commission may prescribe; and the courts in this
State shall take judicial notice of the seal of the commission, and in all
cases copies of orders, proceedings, or records in the office of the indus
trial commission of Utah, certified by the secretary of the said commis
sion under its seal, shall be equal to the original as evidence.
S ec . 3068. The commission shall be open for the transaction of busi- Sessions,
ness during all business hours of each and every day except Sunday
and legal holidays. The sessions of the commission shall be open to the
public. All proceedings of the commission shall be shown on its rec
ords, which shall be a public record, and all voting shall be had by call
ing each member’s name by the secretary, and each member’s vote shall
be recorded on the proceedings as cast.
S e c t io n

925

926

o r k m

e n ’s

c o m

p e n s a t io n

la w

o f

t h

u n i t e d

s t a t e s .

Sec. 3069. Subject to the provisions of this title, the commission may
adopt its own rules of procedure, and may change the same from time to
time in its discretion.
Employees.
^ S e c . 3070. The commission may employ a secretary, deputies, actua
ries, accountants, inspectors, examiners, experts, clerks, physicians,
stenographers, and other assistants, and fix their compensation. Such
employment and compensation shall be first approved by the governor,
and shall be paid out of the State treasury. The members of the com
mission, deputies, secretary, actuaries, accountants, inspectors, exami
ners, experts, clerks, physicians, stenographers, and other assistants that
may be employed shall be^entitled to receive from the State treasury
their salaries or compensation, and also their actual and necessary ex
penses while traveling on the business of the commission, and the mem
bers of the commission may confer and meet with officers of other States
and officers of the United States on any matters pertaining to their
official duties. Such expenses shall be itemized and sworn to by the
person who incurred the expense and allowed by the commission.
[Sections 3071 to 3093, inclusive, relate to safety provisions and
inspection, and the powers and duties of the commission with
reference thereto, and are reproduced in Bulletin No. 244, Labor
Legislation of 1917.]
Employer's
s EC. 3094 (as amended by ch. 63, acts of 1919). Every employer
statements.
shall furnish the commission, upon request, all information required
by it to carry out the purpose of this title. In the month of July of
each year every employer shall prepare and mail to the commission
at the State capitol, Salt Lake City, Utah, a statement containing the
following information, viz: The number of employees employed durint the preceding year from July 1 to June 30, inclusive; the number
of such employees employed at each kind of employment; and the
scale of wages paid to each class of employment, showing the minimum
and maximum wage paid, and the aggregate amount of wages paid to
all employees, which information shall be furnished on a blank or
blanks to be prepared by the commission; and it shall be the duty of
the commission to furnish such blanks to employers, free of charge,
upon request therefor. Every employer shall cause said blanks to be
properly filled out so as to answer fully and correctly all questions
therein propounded, and to give all the information therein sought, or,
if unable to do so, he shall give to the commission, in writing, good
and sufficient reasons for such failure. The commission may require
the information herein required to be furnished to be certified under
oath and returned to the commission within the period fixed by it or
by law. The commission, or any member thereof, or any person
employed by the commission for that purpose, shall have the right to
examine, under oath, any employer, or the officer, agent, or employee
thereof, for the purpose of^ ascertaining any information which such
employer is required by this title to furnish to the commission. Any
Refusal.
employer who shall refuse to furnish to the commission the annual
statement herein required, or who shall refuse to furnish such other
information as may be required by the commission under authority of
this section, or who shall willfully furnish a false or untrue statement,
shall be liable to a penalty of not to exceed $500 for each offense, to be
collected in a civil action brought against said employer in the name
of the State; all such penalties, when collected, shall be paid to the
State insurance fund hereinafter provided for.
state insurance
S ec . 3095. There is hereby created a fund, to be known as the
State insurance fund, for the purpose of insuring employers against
liability for compensation under this title, and of assuring to the per
sons entitled thereto the compensation provided by this title. Such
fund shall consist of all premiums and penalties received and paid
into the fund, of property and securities acquired by and through the
use of moneys belonging to the fund, and of interest earned upon
money belonging to the fund and deposited or invested as herein
provided. Such fund* shall be administered by the commission
without liability on the part of the State beyond the amount of such
fund. Such fund shall be applicable to the payment of losses sustained
on account of insurance and to the payment of compensation and of ex
penses in the manner provided in this title.
Rules.

TEXT OP LAWS— UTAH.

927

S e c . 3096. It shall be the duty of the commission to conduct the Administration
business of the State insurance fund, and it is hereby vested with
*
full authority over the said fund, and may do any and all things
which are necessary or convenient in the administration thereof, or in
connection with the insurance business to be carried on by it under
the provisions of this title.
S e c . 3097. Employments insured in the State insurance fund shall Classification of
be divided by the commission, for the purpose of the said fund, into emPloyments*
classes. Separate accounts shall be kept of the amounts collected
and expended in respect to each such class for convenience in deter
mining equitable rates; but for the purpose of paying compensation the
State insurance fund shall be deemed one and indivisible. The
commission shall have power to rearrange any of the classes by with
drawing any employment embraced in it and transferring it wholly or
in part to any other class. The commission shall determine the hazards
of the different classes, and fix the rates of premium therefor, based
upon the total pay roll and number of employees in each of such
classes of employment, at the lowest possible rate consistent with the
maintenance of a solvent State insurance fund and the creation of a
surplus and reserve; and for such purpose may adopt a system of
schedule rating in such a manner as to take account of the peculiar
hazard of such individual risk.
S e c . 3098. The commission may, in its official name, sue and be sued status of comin all the courts of the State in all actions or proceedings arising out of nussionanything done or suffered in connection with the State insurance fund
or business relating thereto. Service of summons on any member of
the commission or the secretary thereof shall be deemed service on the
commission.
S e c . 3099 (as amended by ch. 63, acts of 1919). The commission may,
Insurance conin its official name, make contracts of insurance as herein provided a n d tracts*
such other contracts relating to the State insurance fund as are au
thorized or permitted under the provisions of this act. Such con
tracts of insurance may include and cover the entire underlying lia
bility of employers insured in the State insurance fund, so that such
employers may be fully protected, not only for all compensation
claims, but for all liability claims whatsoever by employees or the de
pendents or heirs of killed employees, including the cost of defense in
the event of suit.
S e c . 3100. The commission may act through proper deputies and Deputies,
may delegate to such deputies such powers as it deems necessary or
convenient. Among the powers which may be so delegated shall
be the power to^ enter into contracts of insurance, insuring employ
ers against liability for compensation as herein provided ana in
suring to employees the compensation fixed by this title; also the
power to make agreements for the settlement of claims against said
fund for compensation for injuries in accordance with the provisions of
this title; also the power to determine to whom and through whom pay
ments of such compensation shall be made; and also the power to
contract with physicians, surgeons, and hospitals for medical and
surgical treatment and care and nursing of injured persons entitled to
compensation from said fund.
S e c . 3101. 1. Every employer insuring in the State insurance fund
Policies,
shall receive from the commission a contract or policy of insurance
in a form to be approved by the State commission.
2.
Except as otherwise provided in this title, all premiums shall be Premiums,
paid by every employer who elects to insure with the State insurance
fund to the commission on or before July 1, 1917, and semiannually
thereafter, or at such other times as may be prescribed by the commis
sion. Receipts shall be given for such payments and the money
shall be paid over to the State treasurer to the credit of the State
insurance fund.
S e c . 3102. Any employer may,* upon complying with subdivisions W i t h d r a w a l
2 or 3 of section 3114, withdraw from the fund by turning in his fromfund*
insurance contract or policy for cancellation: Provided' He is not in
arrears for premiums due to the fund and has given to the commission
written notice of his intention to withdraw before the expiration of
the period for which he has elected to insure in said fund.

928

WORKMEN’ S COMPENSATION LAWS OF THE UNITED STATES.

Reinsurance.

Sec. 3103. The commission may reinsure any risk, or any part there
of, and may enter into agreements of reinsurance in the same way and
to the same extent as other insurance carriers.
Fixing rates.
S ec . 3104. The commission shall observe the following requirements
in classifying and fixing the rates of premiums for the risks of the same:
1 . It shall keep an accurate account of the money paid in premiums
by each of the several classes of occupations or industries, and the ex
penses of admirtistering the State insurance fund, and the disburse
ments on account of injuries and death of employees in each of said
classes, including the setting up of reserves adequate to meet antici
pated and unexpected losses, and to carry the claims to maturity; and
it shall also keep an account of the money received from each individ
ual employer, and the amount disbursed from the State insurance fund
for expenses and on account of injuries and death of the employees of
such employer, including the reserves so set up.
Surplus.
2. Ten per cent of the money paid into the State insurance fund shall
be set aside for the creation of a surplus until such fund shall amount to
the sum of $100,000, and thereafter 5 per cent of all the money paid
into the State insurance fund shall be credited to such surplus fund
until, in the judgment of the commission, such surplus shall be suffi
ciently large to cover the catastrophe hazard and all other unanticipated
losses. The commission shall also set up and maintain a reserve ade
quate to meet the anticipated losses and carry all claims and policies
to maturity. The amount of such surplus and reserve shall be subject
to the approval of the State commission.
Readjustments. 3 . At the end of every year, and at such other times as the commis
sion in its discretion may determine, a readjustment of the rate shall be
made for each of the several classes of employments or industries. If
at any time there is an aggregate balance remaining to the credit of any
class of employment or industry, which the commission deems may
safely and properly be divided, it may, in its discretion, credit to each
individual member of such class who shall have been a subscriber to
the State insurance fund for a period of six months or more prior to the
time of such readjustment, such proportion of such balance as he is
properly entitled to, having regard to his prior paid premiums since the
last readjustment of rates.
Credits.
4. Should any such accounting ^show a balance remaining to the
credit of any class of occupation or industry, after the above-mentioned
amounts have been credited to the surplus and reserve fund, and after
the payment of expense of administering said fund and the payment of
all awards for all injuries or deaths lawfully chargeable against the
same, the premium rate for such class shall be reduced; and each indi
vidual of such class who has been a subscriber to the State insurance
fund for a period of six months or longer prior to the time of such read
justment, and whose premium or premiums so paid to the fund exceeds
the amount of the disbursements from the fund on account of injuries
or deaths of his employees during such period, shall be entitled to a
credit on the installment or installments of premium next due from
him, the amount of which credit shall be such proportion of said bal
ance as the amount of his prior paid premiums sustains to the whole
amount of said premiums paid by the class to which he belongs since
the last readjustment of rates.
Rules andreguS ec . 3105. The commission shall adopt rules and regulations with
lations.
respect to the collection, maintenance, and disbursement of the State
insurance fund, one of which rules shall provide that, in the event the
amount of premiums collected from any employer at the beginning of
any period of six months is ascertained and calculated by using the
estimated expenditure of wages for the period of time covered by such
premium payments as a basis, an adjustment of the amount of such
premium shall be made at the end of such period, and the actual amount
of such premium shall be determined in accordance with the amount of
the actual expenditure of wages for said period; and, in the event such
wage expenditure for said period is less than the amount on which such
estimated premium was collected, then such employer shall be entitled
to receive a refund from the State insurance fund of the difference
between the amount so paid by him and the amount so found to be
actually due, or have the amount of such difference credited on sue-

T E X T

O F

L A W S ---- U T A H .

929

ceeding premium payments at his option, and should such actual pre
mium, when ascertained as aforesaid, exceed in amount the premium
bo paid by such employer at the beginning of such period, such em
ployer shall, upon being advised of the true amount of such premium
due, forthwith pay to the State treasurer an amount equal to the differ
ence between the amount actually found to be dueand the amount
paid by him at the beginning of said six months’ period.
S e c . 3106. The State treasurer shall be the custodian of the State in Custody.
surance fund, and all disbursements therefrom shall be paid bv him
upon vouchers authorized by the^ industrial commission of Utah and
signed by a member of the commission and the secretary thereof.
Deposits.
S e c . 3107. The State treasurer shall deposit any portion of the fund
not needed for immediate use in the same manner and subject to all the
provisions of law with respect to the deposit of State funds by such
treasurer: Provided, That the best interest obtainable shall be collected
upon such deposits, and all interest earned by such portion of the
State insurance fund as may be deposited by the State treasurer in
pursuance of the authority herein given shall be collected by him and
placed to the credit of such fund.
S e c . 3108. The commission shall have power to invest any of the Investment of
surplus or reserve belonging to the State insurance fund in bonds of surp us
the United States or Federal land banks, of the State of Utah, or of any
county, city, town, or school district of the State of Utah, at current
market prices for such bonds; or in first mortgages on real estate at
not to exceed 40 per cent of the cash value thereof: Provided, That
such purchase or investment be authorized by a resolution adopted
by the commission and approved by the State board of examiners;
and it shall be the duty of the boards or officers of the several taxing
districts of the State, in the issuance and sale of bonds of their respec
tive taxing districts, to offer in writing to the commission, prior to
advertising the same for sale, all such issues of the taxing districts so
issuing such bonds; and said commission shall, within ten days after the
receipt of such written offer, either accept the same and purchase
such bonds or any portion thereof at par and accrued interest, or reject
such offer in writing; and all such bonds so purchased forthwith shall
be placed in the hands of the State treasurer, who is hereby designated
as custodian thereof, and it shall be his duty to collect the interest
thereon as the same becomes due and payable, and also the principal
thereof, and to pay the same, when so collected, into the State insur
ance fund. The State treasurer shall honor and pay all vouchers Payments,
drawn on the State insurance fund for the purchase of such bonds
when signed by any two members of the commission upon delivery of
said bonds to him when there is attached to such voucher a certified
copy of such resolution of the commission authorizing the purchase of
such bonds; and the commission may sell any of said bonds upon like
resolution, and the proceeds thereof shall be paid by the purchaser to
the State treasurer upon delivery to him of said bonds by the treasurer.
S e c . 3109. The State treasurer shall give a separate and additional
Bond,
corporate surety bond in such amount as may be fixed by the governor,
conditioned upon the faithful performance of his duties as custodian
of the State insurance fund. The premium of said bond shall be paid
out oi the State insurance fund.
Sec. 3110 (as amended by ch. 63, acts of 1919).. The following Employerscovshall constitute employers subject to the provisions of this title: er
(1) The State, and each county, city, town, and school district
therein.
( 2)_ Every person, firm, and private corporation, including every
public utility, that has in service three or more workmen or operatives
regularly employed in the same business, or in or about the same
establishment, under any contract of hire, express or implied, oral or
written, except agricultural laborers and domestic servants: Provided,
That employers who have in service less than three employees and
employers of agricultural laborers and domestic servants shall have
the right to come under the terms of this title by complying with the
provisions thereof and all rules and regulations of the commission.
The term “ regularly,” as herein used, shall include all employ
ments, whether continuous throughout the year or for only a portion of
177982°—21— Bull. 272------ 59

930

o r k m

Contractors.

Employees.

Definitions.

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 year. It means all employments in the usual course of the trade,
business, profession, or occupation of an employer.
Where any employer procures any work to be done wholly or in part
for him by a contractor over whose work he retains supervision or
control, and the work so procured to be done is a part or process in the
trade or business of said employer, then such contractor and all persons
employed by him, and all subcontractors under him, and all persons
employed by any such subcontractors, shall be^deemed, within the
meaning of this section, employees of such original employer. Any
person, firm, or corporation engaged in the performance of^ work as
an independent contractor, shall be deemed an employer within the
meaning of this section. The words “ independent contractor ”
as herein used is defined to be any person, association, or corporation
engaged in the performance of any work for another, and while so
engaged is independent of the employer in all that pertains to the
execution of the work, is not subject to the rule or control of the em
ployer, is engaged only in the performance of a definite job or piece of
work, and is subordinate to the employer only in effecting a result in
accordance with the employer’s design.
S e c . 3111 (as amended by ch. 63, acts of 1919). The terms
‘ ‘ employee, ” “ workman,” and “ operative” as used in this title shall
be construed to mean:
^(l) Every person in the service of the State, and of every county,
city, town, or school district, including regular members of lawfully
constituted police and fire departments of cities and towns, under any
appointment or contract of hire, express or implied, oral or written,
except any^elective official of the State, or of any county, city, town,
or school district therein, or other official receiving more than $2,400
per year salary.
(2)
Every person, except agricultural laborers and domestic servants
in the service of any employer, as defined in subdivision 2 of section
3110, who employs three or more workmen or operatives regularly in the
same business, or in or about the same establishment, under any con
tract of hire, express or implied, oral or written, including aliens and
also including minors who are legally permitted to work for hire under
the laws of the State, but not including any person whose employment
is but casual and is not in the usual course of trade, business, or occupa
tion of his employer.
All lessees in mines or of mining property, and the employees and
contractors of all such lessees who are engaged in the performance of
work which is a part or process in the business that is being actually
conducted by the lessor, and over whose work the lessor retains super
vision or control, shall be deemed, within the meaning of this section,
employees of such lessor drawing such wages as are paid employees for
similar work: Provided, That the lessor may deduct from the proceeds
of ores mined by the lessees the premium required to be paid.
S e c . 3112 (as amended by ch. 63, acts of 1919). The following terms
as used in this title shall be construed as follows:
( 1) The term “ order” shall mean and include any decision, rule,
regulation, direction, requirement or standard of the commission, ox
any other determination arrived at or decision made by such commis
sion.
(2 ) The term ' ‘general order” shall mean and include such order as
applies generally throughout the State to all persons, employments or
places of employment of a class under the jurisdiction of the commis
sion. All other orders of the commission shall be considered special
orders.
(3) The term “ welfare” shall mean and include comfort, decency
and moral well-being.
(4) The terms “ safe” and “ safety” as applied to any employment or
a place of employment shall mean such freedom from danger to the life,
health, safety or welfare of employees as the nature of the employment
will reasonably permit.
(5) The words “ personal injury by accident arising out of or in the
course of employment” shall include an injury caused by the willful
act of a third person directed against an employee because of his em
ployment.

TEXT OF LAWS---- UTAH.

931

They shall not include a disease except as it shall result from the
injury.
( 6 ) The term “ compensation” shall mean the compensation and ben
efits provided for in this title.
(7) The term “ award” shall mean the finding or decision of the com
mission as to the amount of compensation due any injured or the de
pendents of any deceased employee.
S e c . 3113 (as amended by ch. 63, acts of 1919). Every employee
Compensation
mentioned in section 3111, who is injured and the dependents of every pay e*
such employee who is killed by accident arising out of or in the course
of his employment, wheresoever such injury has occurred, provided the
same was not purposely self-inflicted, shall be entitled to receive, and
shall be paid such compensation for loss sustained on account of such
injury^ or death, and such medical, nurse and hospital services and
medicines, and such amount of funeral expense, in case of death, as is
herein provided.
Sec.3114 (as amended by ch. 63, acts of 1919). Employers, but not Security of payincluding municipal bodies, shall secure compensation to their em- ments*
ployees in one of the following ways:
( 1 ) By insuring and keeping insured the payment of such compen
sation with the State insurance fund.
(2) By insuring and keeping insured the payment of such compen
sation, with any stock corporation or mutual association authorized to
transact the business of workmen’s compensation insurance in the State:
Provided, That any such stock corporation or mutual association must
write and carry all risks or insurance for which application may be made
to it, which are not prohibited by the provisions of section 1148, Com
piled Laws of Utah, 1917, and any carrier assuming a risk shall carry it to
the conclusion of the policy period unless cancellation is agreed to by
the industrial commission and the employer: And provided, That any
policy written shall be subject to cancellation at any time by the legis
lature.
(3) By furnishing to the commission satisfactory proof of financial
ability to pay direct the compensation in the amount and manner and
when due asprovided for in this act. In the latter case the commission
may in its discretion require the deposit of acceptable security, indem
nity, or bond to secure the payment of compensation liabilities as they
are incurred.
All stock corporations or mutual associations transacting the business . Companies subof workmen’s compensation insurance in this State under the terms ^ect to actof subdivision (2 ) of this section shall be subject to the rules and regu
lations of the commission, including rates to be charged and methods
of compensation to be used; and only such corporations or mutual
associations shall be permitted to transact in this State the business of
workmen’s compensation insurance as shall be possessed of a paid-up
capital stock of $500,000 and surplus of $100,000, or an aggregate capital
and surplus of $600,000 in the case of stock corporations, and in the
case of mutual associations of net assets over and above all liability
of $600,000 and in both cases their liability shall include a reinsurance
reserve which shall equal 65 per cent of the gross annual premiums or
deposits received by such corporation or association on account of
workmen’s compensation insurance, and 50 per cent of the gross
annual premiums on all other lines of insurance and a pro rata amount
of gross premiums collected for more than one year: Provided further,
That a satisfactory bond to be approved by the commissioner of insur
ance executed by a surety company authorized to do business in this
State shall be filed with the commissioner of insurance for an amount
equal to 75 per cent of the 65 per cent of the gross annual premiums or
deposits received by such corporations or associations on account of
workmen’s compensation insurance collected by it in the State of
Utah, or in lieu thereof such corporations or mutual associations may
make a deposit of a similar amount in approved securities^ said bond
or securities to be held by the said commissioner as security for the
fulfillment of its obligations in the State of Utah.
Sec. 3115. If the insurance so effected is not with the State insur- Notice to be
ance fund, the employer shall forthwith file with the commission in flled*

932

WORKMEN’ S COMPENSATION LAWS OF THE UNITED STATES.

form prescribed by it a notice of his insurance, together with a copy
of the contract or policy of insurance,
Provisions
of
S e c . 3116. Every policy of insurance covering the liability of the
policies.
employer for compensation, whether issued by the commission or by
a stock company, or by a mutual association authorized to transact
workmen’s compensation insurance in this State, shall cover the
entire liability of the employer to his employees covered by the policy
or contract, and also shall contain a provision setting forth the right
of the employees to enforce in their own names, either by, at any
time, filing a separate claim or by, at any time, making the insurance
carrier a party to the original claim, the liability of the insurance
carrier in whole or in part for the payment of such compensation:
Provided, however, That payment in whole or in part of such compen
sation, 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.
Notice of in- ^ S e c . 3117. Every such policy and contract shall contain a provi
jury.
sion that, as between the employee and the insurance carrier, the
notice to or knowledge of the occurrence of the injury on the part
of the employer shall be deemed notice or knowledge, as the case
may be, on the part of the insurance carrier; that jurisdiction of the
employer shall, for the purpose of this title, be jurisdiction of the
insurance carrier; and that the insurance carrier shall in all things be
bound by and subject to the orders, findings, decisions, and awards
rendered against the employer for the payment of compensation under
the provisions of this title.
Insolvency of
S e c . 3118. Every such policy and contract shall contain a provi
employer.
sion to the effect that the insolvency or bankruptcy of the employer,
and his discharge therein, shall not relieve the insurance carrier
from the payment of compensation for injuries or death sustained by an
employee during the life of such policy or contract. ^
Municipalities.
g Ec. 3119. Each county, city, town, or school district which is
liable to its employees for compensation may insure in the State insur
ance fund or pay compensation direct.
b C ontribu tion ^ S e c . 3120. The State shall contribute to the State^ insurance fund
by state.
j n proportion to the annual expenditure of money by it for the service
of persons in the employ of the State described in subdivision 1 of
section 3111, the amount of such payments and the method of making
the same to be determined as hereinafter provided.
Payments by
S e c . 3121. In the month of January in the year 1918 the State
state*
auditor shall draw his warrant on the State treasurer in favor of said
treasurer as custodian of the State insurance fund, and for deposit to
the credit of said fund, for a sum equal to 1 per cent of the amount of
money expended by the State during the last preceding fiscal year,
for the service of persons in the employ^ of the State, which said sums
are hereby appropriated and made available for such payments; and
thereafter, in the month of January of each year, such sums of money
shall in like manner be paid into the State insurance fund as may be
due according to the rate for and insurance as fixed by the commis
sion; and it shall be the duty of the commission to communicate to the
governor, three months before the convening of each regular session
of the legislature, an estimate of the aggregate amount of money neces
sary to be contributed by the State during the ensuing biennium as its
proper portion of the State insurance fund.
Payment of S e c . 3122 (as amended by ch. 63, acts of 1919). Every employee
benefits.
covered by insurance in the State insurance fund, who is injured, by
accident arising out of or in the course oi employment, and the de
pendents of such as are killed: Provided, The same was not purposely
self-inflicted, on or after July 1,1919, shall be paid such compensation
out of the State insurance fund for loss sustained on account of such
injury or death as is provided in this act and shall be entitled to receive
such medical, nurse, and hospital services and medicines, and such
amount of funeral expenses in case of death as are provided by this act.
Contributions ^ S e c . 3123 (as amended by ch. 63, acts of 1919).
Except as here
by empoyers.
inafter provided, every employer (except the State) who shall have
insured in the State insurance fund shall, in the month of July, 1917,
and semiannually thereafter, pay into the State insurance fund the

amount of premium determined and fixed by the commission for the
employment or occupation of such employer, to be determined by the
classifications, rules and rates made and published by the commission;
and such employer shall semiannually thereafter pay such further sum
of money into the State insurance fund as may be ascertained to be due
from him by applying the rules of the commission; and a receipt or
certificate certifying that such payment has been made shall imme
diately be mailed to such employer by the commission, which receipt
or certificate, attested by the seal of the commission, shall be prima
facie evidence of the payment of such premium. In the event any
employer shall fail to pay to the State insurance fund or to any insur
ance company, authorized to do business in this State, the premium,
when the same shall become due, and suit shall be instituted to recover
such premium, the prevailing party shall be entitled to a reasonable
attorney’s fee to be fixed by the court.
S e c . 3124. Subject to the approval of the commission, any em S u b s t i t u t e
ployer may enter into or continue any agreement with his employees schemes.
to provide a system of compensation, benefit, or insurance in lieu of
the compensation and insurance provided by this title. No such sub
stitute system shall be approved unless it confers benefits upon injured
employees and their dependents, at least equivalent to the benefits
provided by this title, nor if it requires contributions from the em
ployees unless it confers benefits in addition to those provided under
this title at least commensurate with such contributions. Such sub
stitute 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 administered, or if its operation shall disclose defects
threatening its solvency, or if for any substantial reason it fails to accom
plish the purposes of this title; 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 in interest to take an appeal as in other
cases of appeal from the orders of the commission. Any employer who Contributions
makes a deduction for such purposes from the wages or salary of any by employees.
employee entitled to the benefits of this title shall be guilty of a mis
demeanor: Provided, That, subject to the supervision of the com
mission, nothing in this title shall be construed as preventing the em
ployer and his employees entering, and it shall be lawful for them to
enter, into mutual contracts and agreements respecting hospital bene
fits and accommodations and medical and surgical services, nursing,
and medicines to be furnished the employees as in this title provided;
but no profit, directly or indirectly, shall be made by any employer as a
result of such contract or agreement, the purpose and intent of this title
in such respect being that, where hospitals are maintained and medical
and surgical services and medicines furnished by the employer from
payments by or assessments of his employees, sucn payments or assess
ments shall be no more or greater than necessary to make such hospital
benefits and accommodations, including surgical and medical services
and medicines, self-supporting for the care and treatment of his em
ployees, and all sums received or retained by the employer from the
employees for such purpose shall be paid and applied thereto: And
provided further, That such hospitals so maintained in whole or in part
by payments or assessments of employees shall be subject to the inspec
tion and under the supervision of the commission as to services and treat
ment rendered such employees.

S ec. 3125. Employers who do not insure either in the State insur Employers
ance fund or with any stock corporation or mutual association shall pay insuring.
a tax of the same per cent as required by law to be paid by insurance
companies upon their premiums, based upon an amount equivalent
to premiums which would be paid by such employer if insured in the
State insurance fund; said tax to be computed and collected by the
state commission and paid into the State treasury.

not

S e c . 3126. If a workman who has been hired in this State receives Injuries outside
personal injury by accident arising out of and in the course of such em State.
ployment, he shall be entitled to compensation according to the law of
this State as provided for in this title, even though such injury was
received outside of this State. If a workman who has been hired out
side of this State is injured while engaged in his employer’s business,

934

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 st a t e s .

and is entitled to compensation for such injury under the law of the
State where he was hired, he shall be entitled to enforce against his em
ployer his rights in this State if his rights are such that they can reason
ably be determined and dealt with by the commission and the court in
this State.
Remedy excluS e c . 3127 (as amended by ch. 63, acts of 1919).
Employers who
Slve’
comply with the provisions of section 3114 shall not be liable to respond
in damages at common law or by statute, except as hereinafter provided,
Death cases,
for injury or death of any employee, wherever occurring: Provided,
however, That for injuries resulting in death the right of action to recover
damages shall remain the same as now provided by law, and the
amount recoverable in any such action is not limited by this title. In
any action for death the employer sued may plead such defenses as are
now provided for by the laws of this State. If a judgment is recovered
in any such action the commission shall determine the amount to which
the plaintiff would be entitled by accepting the provisions of this title,
and the same shall be paid by the State fund, or other insurance carrier,
insuring such risk toward the satisfaction of such judgment. Any
deficiency shall be paid by the employer against whom the judgment
is recovered. In all such cases, before action is brought, all heirs and
dependents of deceased employees who are sui juris may waive
any such right of action by accepting the benefits of this title.
Minor heirs and dependents who are not sui juris may, through their
•
legal representative and by order of the district court, accept the com
pensation herein provided in full satisfaction of any right of action on
their part against any employer for damages on account of death of
deceased employee. The bringing of any action for death of a de
ceased employee shall constitute a waiver by the plaintiff m such
action of any right to compensation under this title.
Notice to be Sec. 3128. Each employer providing insurance or electing directly
posted.
j_0 pay compensation to his injured or the dependents of his killed em
ployees as herein provided, other than the employers mentioned in
sub. 1 of section 3110, shall post in conspicuous places about his place
of business typewritten or printed notices stating the fact that he has
complied with the provisions of this title and all of the rules and regu
lations of the commission made in pursuance thereof, and has been
authorized by the commission directly to compensate such employees
or dependents, and the same, when so posted, shall constitute suffi
cient notice to his employees of the fact that he has complied with the
law as to securing compensation to his employees and their dependents.
Suits, when.
Sec. 3129. Employers who shall fail to comply with the provisions
of section 3114 shall not be entitled to the benefits of this title during
the period of noncompliance, but shall be liable to their employees or
the dependents of their employees in case of death or damage suffered
by reason of personal injuries arising out of and in the course of em
ployment caused by the wrongful act, neglect, or default of the em
ployer or any of the employer’s officers, agents, or employees, and also
to the personal representatives of such employees where death results
Defenses abro- from such injuries. And in such action the defendant shall not avail
gated.
himself or itself of either of the following defenses: The defense of the
fellow-servant rule, the defense of the assumption of risk, or the de
fense of contributory negligence. And in all such cases proof of the
injury shall constitute prima facie evidence of negligence on the part
of the employer and the burden shall be upon the employer to show
freedom from negligence resulting in such injury. And such em
ployers shall also be subject to the provisions of the two sections next
succeeding.
Options of emSec. 3130 (as amended by ch. 63, acts of 1919). Any employee
pioyee.
whose employer has failed to comply with the provisions of section
3114 hereof, who has been injured by accident arising out of or in the
course of his employment, wheresoever such injury has occurred, and
which was not purposely self-inflicted, or his dependents in case death
has ensued, may, in lieu of proceeding against his employer by civil
action in the courts, as provided in tbfe last preceding section, file his
application with the commission for compensation in accordance with
the terms of this title, and the commission shall hear and determine
such application for compensation in like manner as in other claims

TEXT OF LAWS— UTAH.

935

before the commission; and the amount of compensation which said
commission may ascertain and determine to be due to such injured em
ployee, or his dependents in case death lias ensued, shall be paid by
such employer to the person entitled thereto within ten days after
receiving notice of the amount thereof as fixed and determined by the
commission.
S e c . 3130 x (added by ch. 63, acts of 1919). An abstract of any Enforcement of
award may be filed in the office of the clerk of the district court of any awar
county in the State and must be docketed in the judgment docket of
the district court thereof. The time of the receipt of the abstract
must be noted by him thereon and entered in the docket. The award
when so filed and docketed is a lien upon the real property of the em
ployer situated in the county for a period of eight years from the date
of the award unless previously satisfied. Execution may be issued
thereon within the same time and in the same manner and with like
effect as if said award were a judgment of the district court.
The commission shall adopt and publish rules and regulations gov- Rules,
erning the procedure before the commission provided in this section,
and shall prescribe forms of notices and the mode and manner of serv
ing the same in all claims for compensation arising under this section.
S e c . 3131. If any employer shall default in any payment required
Default by emto be made by him to the State insurance fund, the amount due from p yers*
him with interest thereon at the rate of 12 per cent per annum shall be
collected by civil action against him. in the name of the State as plain
tiff; and it shall be the duty of the commission on the first Monday in
August, 1917, and on the first Monday of each month thereafter, to
certify to the attorney general of the State the names and residences
of all employers known to the commission to be in default for such pay
ments for a longer period than five days, and the amount due from each
such employer, and it shall then be the duty of the attorney general
forthwith to bring or cause to be brought against each such employer a
civil action in the proper court for the collection of such amount so due,
and the same when collected shall be paid into the State insurance fund,
and each employer’s compliance with the provisions of this title re
quiring payments to be made to the State insurance fund shall date
from the time of the payment of said money so collected as aforesaid to
the State treasurer for credit to the State insurance fund.
Sec. 3132. The right to recover compensation pursuant to the pro- .Remedy excluvisions of this title for injuries sustained by an employee shall be the sive*
exclusive remedy against the employer, except that where the injury Exception,
is caused by the employer’s willful misconduct and such act causing
such injury is the personal act of the employer himself; or if the em
ployer be a partnership, on the part of one of the partners, or if a corpo
ration, on the part of an elective officer or officers thereof, and such act
indicates a willful disregard of the life, limb, or bodily safety of em
ployees, such injured employee may, at his option, either claim com
pensation under this title or maintain an action at law for damages.
The term “ willful misconduct,” as employed in this section shall be
construed to mean an act done knowingly and purposely with the
direct object of injuring another.
S e c . 3133. If an employee entitled to compensation under this title
in j u r i e s by
be injured or killed by the negligence or wrong of another not in the third parties,
same employ, such injured employee, or in case of death, his depend
ents, shall, before any suit or claim under this title, elect whether to
take compensation under this title or to pursue his remedy against such
other. Such election shall be evidenced in such manner as the com
mission may by rule or regulation prescribe. If he elect to take com
pensation under this title, the cause of action against such other shall
be assigned to the State for the benefit of the State insurance fund, if
compensation be payable therefrom, and otherwise to the person or
association or corporation liable for the payment of such compensation,
and if he elect to proceed against such other, the State insurance fund,
person, or association, or corporation, as the case may be, shall con
tribute 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 title for such case. Such a cause of
action assigned to the State may be prosecuted or compromised by the

936

w o r k m e n ’s

COMPENSATION LAWS OF THE UNITED STATES.

commission. A compromise of any such cause of action by the em
ployee or his dependents at an amount less than the compensation pro
vided for by this title shall be made only with the written approval of
the commission, if the deficiency of compensation would be payable
from the State insurance fund, and otherwise with the written approval
of the person, association, or corporation liable to pay the same.
Acts construed
g EC. 3134. Every employee, or his legal representative in case death
as waivers.
results, who makes application for an award, or accepts compensation
from an employer, waives his right to exercise his option to institute
proceedings in any court. Every employee, or his legal representative
in case death results, who exercises his option to institute proceedings
in court, as provided in this title, waives his right to any award or direct
payment of compensation from his employer.
Preference.
Sec. 3135. All judgments obtained in any action prosecuted by the
commission or by the State under the authority of this title shall have
the same preference against the assets of the employer as claims for
taxes now have.
Waiting time.
gEC. 3136 (as amended by ch. 63, acts of 1919). No compensation
shall be allowed for the first three days after the injury is received,
except the disbursement hereinafter authorized for medical, nurse,
and hospital services and medicines, and for funeral expenses.
Total disabilSec. 3137 (as amended by ch, 63, acts of 1919). In case of temporary
lty*
disability the employee shall receive 60 per cent of his average weekly
wages so long as such disability is total, not to exceed a maximum of
$16 per week, and not less than a minimum of $7 per week; but in no case
to continue for more than six years from the date of the injury or to
exceed $5,000.
Partial
disaS e c . 3138 (as amended by ch. 63, acts of 1919). Where the injury
y’
causes partial disability for work, the employee shall receive, during
such disability and for a period of not to exceed six years beginning on
the fourth day of disability, a weekly compensation equal to 60 per cent
of the difference between his average weekly wages before the accident
and the weekly wages he is able to earn thereafter, but not more than
$16 a week. In no case shall the weekly payments continue after the
disability ends, or death of the injured person, and in case the
partial disability begins after a period of total disability the period of
total disability shall be deducted from such total period of compensa
tion. In the case of the following injuries the compensation shall
be 60 per cent of the average weekly wages, but not more than $16
to be paid weekly for the periods stated against such injuries respec
tively, and shall be in add!ton to the compensation hereinbefore pro
vided for temporary total disability, to wit: For loss of—
%

Schedule.

One arm at or near shoulder......................................................... 200 weeks.
. One arm at the elbow— .............................................................. 180 weeks.
One arm between the wrist and the elbow............................ 160 weeks.
One hand.......................................................................................... 150 weeks.
One thumb and the metacarpal bone thereof...................... 60 weeks.
One thumb at the proximal joint................................................30 weeks.
One thumb at the second distal joint........................................ 20 weeks.
One first finger and the metacarpal bone thereof.................. 30 weeks.
One first finger at the proximal joint......................................... 20 weeks.
One first finger at the second joint............................................. 15 weeks.
One first finger at the distal joint................................................ 10 weeks.
One second finger and the metacarpal bone thereof.............. 30 weeks.
One second finger at the proximal joint.................................... 15 weeks.
One second finger at the second joint........................................ 10 weeks.
One second finger at the distal joint.......................................... 5 weeks.
One third finger and the metacarpal bone thereof.............. 20 weeks.
One third finger at the proximal joint....................................... 12 weeks.
One third finger at the second joint........................................... 8 weeks.
One third finger at the distal joint............................................. 4 weeks.
One fourth finger and the metacarpal bone thereof.............. 12 weeks.
One fourth finger at the proximal joint..................................... 9 weeks.
One fourth finger at the second joint......................................... 6 weeks.
One fourth finger at the distal joint........................................... 3 weeks.
One leg at or so near the hip joint as to preclude the use of an
artificial limb............................................................................... 180 weeks.

TEXT OF LAWS---- UTAH.

937

One leg at or above the knee where stump remains sufficient
to permit the use of an artificial limb................................. 150 weeks.
One leg between the knee and ankle......................................140 weeks.
One foot at the ankle................................................................ 125 weeks.
One great toe with the metatarsal bone thereof...................... 30 weeks.
One great toe at the proximal joint......................................... 15 weeks.
One great toe at the second joint............................................. 10 weeks.
One toe other than the great toe with the metatarsal bone
thereof........................................................................................... 12 weeks.
One toe other than the great toe at proximal joint.................. 6 weeks.
One toe other than the great toe at second or distal joint... 3 weeks.
One eye by enucleation................................................................ 120 weeks.
Total blindness of one eye............................................................100 weeks.

Any other disfigurement, or the loss of bodily function not other
wise provided for herein, such period of compensation as the commission
shall deem equitable and in proportion to compensation in other
cases not exceeding two hundred weeks.
The amounts specified in this section are all subject to the limita
tion as to the maximum weekly amount payable as hereinbefore
specified in this section, and in no event shall more than a total of
$5,000 be required to be paid.
Sec. 3139 (as amended by ch. 63, acts of 1919). In cases of perma- P e r m a n e n t
nent total disability the award shall be 60 per cent of the average total disat)lllty*
weekly wages for five years from date of injury, and thereafter 45
per cent of such average weekly wages until the death of such person
so totally disabled, but not to exceed a maximum of $16 per week
and not less than a minimum of $7 per week. The loss of both hands
or both arms, or both feet or both legs, or both eyes, or of any two
thereof, shall constitute total and permanent disability, to be com
pensated according to the provisions of this section.
S ec. 3140 (as^ amended by ch. 63, acts of 1919). In case the injury Death,
causes death within the period of three years, the benefits shall be in
the amounts and to the persons following:
(1) If there be no dependents, the employer or insurance carrier
shall pay the burial expenses of the deceased, as provided herein,
and shall pay into the State treasury the sum of $750 unless the em
ployer is insured in the State insurance fund. Such payments shall
be held in a special fund for the purposes provided in subdivision 6
of this section. The State treasurer shall be the custodian of this
special fund and the commission shall direct the distribution thereof.
(2) If there are wholly dependent persons at the time of the death
the payment shall be 60 per cent of the average weekly wage, but
not to exceed a maximum of $16 per week, and to continue for the
remainder of the period between the date of the death and six years
after the date of the injury, and not to amount to more than a maxi
mum of $5,000, nor less than a minimum of $2,000.
(3) If there are partly dependent persons at the time of the death,
the payment shall be 60 per cent of the average weekly wages, but
not to exceed the maximum of $16 per week, and to continue for all
such portion of the period of six years after the date of injury as the
commission in each case may determine, and not to amount to more
than a maximum of $5,000.
(4) If there are wholly dependent persons and also partially de
pendent persons at the time of death, the commission may apportion
the benefits as it may deem just and equitable: Provided, That the
total benefits awarded to all parties concerned shall not exceed the
maximum provided for by law.
( 5 ) The following persons shall be presumed to be wholly dependent
for support upon a deceased employee:

(a) A wife upon a husband with whom she lives at the time of his
death.
(b) A female child or female children under the age of eighteen
years and a male child or male children under the age of sixteen
years (or over such ages if physically or mentally incapacitated from
earning) upon the parent with whom he is living at the time of the
death of such parent.

Dependents,

938

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

THE UNITED STATES.

In all other cases the question of dependency, in whole or in part,
shall be determined in accordance with the facts in each particular
case existing at the time of the injury resulting in the death of such
employee, but no "person shall be considered as dependent unless a
member of the family of the deceased employee, or bears to him the
relation of husband or widow, lineal descendent, ancestor, or brother
or sister. The word “ child” as used in this title shall include a post
humous child, and a child legally adopted prior to the injury.
Secondinjuries. ( 6 ) If any employee who has previously incurred permanent partial
disability incurs a subsequent permanent partial disability such that
the compensation payable for the disability resulting from the com
bined injuries is greater than the compensation which except for the
preexisting disability would have been payable for the latter injury,
the employee shall receive compensation on the basis of the com
bined injuries, but the liability of his employer stall be for the latter
injury only and the remainder shall be paid out of the special jiund
provided for in subdivision 1 of this section.
Apportionment
S e c . 3141. The benefits in case of death shall be paid to such one
of benefits.
or more 0f the dependents of the decedent, for the benefit of all the
dependents, as may be determined by the commission, which may
apportion the benefits among the dependents in such manner as it
may deem just and equitable. Payment to a dependent subsequent
in right may be made, if the commission deems it proper, and shall
operate to discharge all other claims therefor. The dependents or
persons to whom benefits are paid shall apply the same to the use of
the several beneficiaries thereof according to their respective claims
upon the decedent for support, in compliance with the finding and
direction of the commission. In all cases of death where the dependents
are a widow and one or more minor children, it^ shall be sufficient
for the widow to make application to the commission on behalf of
herself and minor children; and in cases where all of the dependents
are minors, the application shall be made by the guardian or next
friend of such minor dependents. Should any dependent of a de
ceased employee die or marry during the period covered by such
weekly payments, the right of such dependent to compensation
under this title shall cease.
Wage basis.
S e c . 3142. The average weekly wage of the injured person at the
time of the injury shall be taken as the basis upon which to compute
the benefits.
Minors, etc.
S e c . 3143. If it is established that the injured employee was of such
age and experience when injured as that under natural conditions his
wages would be expected to increase, the fact may be considered in
arriving at his average weekly wage;
R e v i s i o n of
Sec. 3144. The powers and jurisdiction of the commission over each
awards.
cage
continuing, and it may from time to time make such
modification or change with respect to former findings or orders with
respect thereto as in its opinion may be justified.
Lumpsums.
S e c . 3145. The commission, under special circumstances, and when
the same is deemed advisable, may commute periodical benefits to
one or more lump sum payments.
A ttachm ents,
Sec. 3146. Compensation before payment shall be exempt from all
etc*
claims of creditors and from any attachment or execution, and shall
be paid only to such employees or their dependents.
Additional benSec. 3147 (as amended by ch. 63, acts of 1919). In addition to the
efl
compensation provided for herein, the employer or insurance carrier,
or State insurance fund shall pay such amounts for medical, nurse, and
hospital services and medicines as it may deem proper, not, however,
in any instance to exceed the sum of $500 and in case death ensues
from the injury, reasonable funeral expenses shall be disbursed and
paid in an amount not to exceed the sum of $150, and the commission
shall have full power to adopt rules and regulations with respect to the
furnishing medical, nurse, and hospital service and medicine to injured
employees entitled thereto, and for the payment therefor.
Appeals.
S e c . 3148 (as amended by ch. 63, acts of 1919). (a) Within thirty
days after the application for a rehearing is denied, or, if the application
is granted, within thirty days after the rendition of the decision on the
rehearing, any party affected thereby may apply to the supreme court

TEXT OF LAWS— UTAH.

939

of this State for a writ of certiorari or review (hereinafter referred to as
a writ of review) for the purpose of having the lawfulness of the original
award or the award on rehearing inquired into and determined.
(b) Such writ shall be made returnable not later than thirty days
after the date of the issuance thereof, and shall direct the commission
to certify its record, which shall include all the proceedings and the
evidence taken in the case, to the court. On the return day the cause
shall be heard in the court unless for good cause the same be continued.
No new or additional evidence may be introduced in such court, but
the cause shall be heard on the record to the commission as certified to
by it. The review shall not be extended further than to determine
whether or not—
( 1 ) The commission acted without or in excess of its powers.
(2 ) If findings of fact are made, whether or not such findings of fact
support the award under review.
(c) The findings and conclusions of the commission on question of
fact shall be conclusive and final and shall not be subject to review;
such questions of fact shall' include ultimate facts and the findings and
conclusions of the commission. The commission and each party to
the action or proceeding before the commission shall have the right to
appear in the review proceeding. Upon the hearing the court shall
enter judgment either affirming or setting aside the award.
(d) The provisions of the Code of Civil Procedure of this State relating
to writs of review shall, so far as applicable, and not in conflict with
this act, apply to proceedings in the courts under the provisions of this
section. No court of this State (except the supreme court) shall have
jurisdiction to review, reverse, or annul any award of the commission,
or to suspend or delay the operation or execution thereof: Provided,
That a writ of mandamus shall lie from the supreme court in all proper
Sec. 3149. The commission shall not be bound by the usual common Procedure,
law or statutory rules of evidence, or by any technical or formal rules
of procedure, other than as herein provided; but may make the investi
gation in such manner as in its judgment is bes t calculated to ascertain
the substantial rights of the parties and to carry out justly the spirit of
this title.
Sec. 3150. A minor working at an age legally permitted under the Minors,
laws of this State shall be deemed sui juris for the purpose of this title,
and no other person shall have any cause of action or right to compensa
tion for an injury to such minor workman, but in the event of the
award of a lump sum of compensation to such minor employee, such
sum shall be paid only to the legally appointed guardian of such minor.
S e c . 3151. No agreement by an employee to waive his rights to comWaivers,
pensation under this title shall be valid. No agreement by an em
ployee to pav any portion of the premium paid by his employer shall
be valid, and any employer who deducts any portion of such premium
from the wages or salary of any employee entitled to the benefits of this
title shall be guilty of a misdemeanor, and upon conviction thereof
shall be fined not more than $100 for each such offense.
S e c . 3152. Any employee claiming the right to receive compensation
Medical examiunder this title may be required by the commission, or its medical natlons*
examiner, to submit himself for medical examination at any time and
from time to time at a place reasonably convenient for such employee,
and as may be provided by the rules of the commission. If such em
ployee refuses to submit to any such examination or obstructs the same,
his right to have his claim for compensation considered, if his claim
be pending before the commission, or to receive any payments for com
pensation theretofore granted, shall be suspended during the period of
such refusal or obstruction.
S e c . 3153. All books, records, and pay rolls of the employers of the
Access to reoState, showing or reflecting in any way upon the amount of wage exs>
penditure^ of such employers, shall always be open for inspection by
the commission or any of its traveling auditors, inspectors, or assistants,
for the purpose of ascertaining the correctness of the wage expenditure,
the number of men employed, and such other information as may be
necessary for the uses and "purposes of the commission in its adminis
tration of the law. Refusal on the part of any employer to submit his

940

w o r k m e n ’s

COMPENSATION LAWS OF THE UNITED STATES.

books, records, and pay rolls for the inspection of any member of the
commission, or traveling auditor, inspector, or assistant presenting
written authority from the commission, shall subject such employer to
a penalty of $100 for each such offense, to be collected by civil action in
the name of the State, and paid into the State insurance fund to become
a part thereof.
MisrepresentaS ec . 3154. Any employer who misrepresents to the commission the
tl0namount of pay roll upon which the premium under this title is based
shall be liable to the State in ten times the amount of the difference in
premium paid and the amount the employer should have paid. The
liability to the State under this section shall be enforced in a civil
action in the name of the State, and all sums collected under this section
shall be paid into the State insurance fund.
interstate coms Ec. 3155 (as amended by ch. 63, acts of 1919). The provisions of this
mercetitle shall apply to employers and their employees engaged in intrastate
and also in interstate and foreign commerce for whom a rule of liability
or method of compensation has been or may be established by the Con
gress of the United States, only to the extent that their mutual connec
tion with intrastate work may and shall be clearly separable and dis
tinguishable from interstate or foreign commerce.
Accidents to be
S e c . 3156 (as amended by ch. 63, acts of 1919). Every employer shall
reported.
keep a record of all injuries, fatal, or otherwise, received by his em
ployees, arising out of or in the course of their employment. Within
a week after the occurrence of an accident resulting in personal injury,
a report thereof shall be made in writing to the commission upon blanks
to be procured from the commission for that purpose. Such report shall
contain the name and nature of the business of the employer, the loca
tion of his establishment or place of work, the name, address, and oc
cupation of the injured employee, and shall state the time, the nature,
and cause of injury; and such other information as may be required by
the commission. All physicians and surgeons attending injured em
ployees shall comply with all of the rules and regulations, including a
schedule of fees for their services adopted by the commission, and shall
make report to the commission at any and all times required by it, as to
the condition or treatment of any injured employee, or as to any other
matters concerning cases in which they are employed, any employer,
or physician, or surgeon who refuses or neglects to make any report
required by this section, shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not more than $500
for such offense.
Enforcement of
S e c . 3157. Upon the request of the commission the attorney general
*
or, under his direction, any district attorney or the county attorney of
any county, shall institute and prosecute the necessary actions or pro
ceedings for the enforcement of any of the provisions of this title, or for
the recovery of any money due the State insurance fund, or any penalty
herein provided for, arising within the county in which he was elected,
and shall defend in like manner all suits, actions, or proceedings brought
against the commission or the members thereof in their official capacity.
Expenditures.
S e c . 3158. The commission may make necessary expenditures to
obtain statistical and other information provided for herein.
Reports.
S e c . 3159. Annually, on or before the 15th day of December, the
commission, under the oath of at least two of its members, shall make
a report to the governor for the preceding fiscal year, which shall in
clude a statement of the number of awards made by it, and a general
statement of the causes of accidents leading to the injuries for which the
awards were made, a detailed statement of the disbursements from the
expense fund, and the condition of its respective funds, together with
any other matters which the commission deems proper to call to the
attention of the governor, including any recommendations it may have
to make; and it shall be the duty of the commission from time to time
to publish and distribute among employers and employees such general
information as to the business transacted by the department as in its
judgment may be useful.
Classifications,
S e c . 3160. The commission shall cause to be printed, in proper form
e c‘
for distribution to the public, its classifications, rates, rules, regulations,
and rules of procedure, and shall furnish the same to any person upon
application therefor.

TEXT OF LAWS---- UTAH.

941

S e c . 3161 (as amended b y ch. 63, acts of 1919). No injunction shall injunctions,
issue suspending or restraining any order, award, classification, or rate
adopted by the commission, or any action of the State auditor, State
treasurer, attorney general, or the auditor or treasurer of any county,
required to be taken by them or any of them by any of the provisions
of this title; but nothing herein shall affect any right or defense in any
action brought by the commission or the State in pursuance of authority
contained in this title.
Sec. 3162. Should any section or provision of this title be decided Provisions sevby the courts to be unconstitutional or invalid, the same shall not affecte
the validity of the title as a whole or any part thereof other than the
part so decided to be unconstitutional.
S e c . 3163. The sum of $40,000 is hereby appropriated out of any Appropriation,
money in the State treasury not otherwise appropriated, and the same
is hereby set aside for the State insurance fund, to be administered
by the commission as provided in this title; and the further sum of
$50,000, or so much thereof as may be necessary, is hereby appropriated
out of any money in the State treasury not otherwise appropriated, for
the payment of salaries and expenses of the commission and the em
ployees of said commission, during the years 1917 and 1918.

VERMONT.
CONSTITUTION.
COMPENSATION FOR INJURIES TO EM PLO YEES.

« f g,is\a t i o n
autnonzea.

32. The general assembly may pass laws compelling compensation for injuries received by employees in the course of their em
ployment resulting in death or bodily hurt, for the benefit of such
employees, their widows or next of kin. It may designate the class or
classes of employers and employees to which such laws shall apply.
Ratified March 4, 1913.
A

r t ic l e

GENERAL LAWS—1917.
Ch a p t e r

241.—Employer’s liability and workmen’s compensation.

S e c t io n 5752. The governor shall biennially, in the month of January, with the advice and consent of the senate, appoint a commis
sioner of industries.
Office.
S e c . 5753. Said commissioner shall be provided with an office in the
capitol or in some other State building at Montpelier in which his
records shall be kept. Said commissioner shall have a seal for the
authentication of his orders, awards, and proceedings upon which shall
be inscribed the words “ Commissioner of Industries—Seal—Vermont.”
Deputies.
S e c . 5754. Said commissioner may, subject to the approval of the
governor, appoint one or more deputy commissioners for whose official
acts he shall be responsible. Said deputy or deputies shall hold office
during the pleasure of said commissioner, and their compensation shall
be fixed by said commissioner subject to the approval of the governor.
Office a s s i s t - S e c . 5755. Said commissioner shall maintain such office and employ
ance‘
such assistance, clerical or otherwise, as the governor deems necessary
for the proper performance of the duties of said commissioner.
Duties of comS e c . 5756. Said commissioner shall make examinations and investimissioner.
gations to see that the laws pertaining to the employment of minors and
women and to the weekly payment of wages are being complied with,
and for such purposes may enter any place where persons are employed,
summon witnesses, administer oaths, and demand the production of
books and papers. The county court, a justice of the supreme court,
or a superior judge shall have power to enforce by proper proceedings
the attendance and testimony of witnesses and the production and
examination of books, papers, records, and documents before said com
missioner, and, in the case of a corporation, the provisions of sections
four thousand nine hundred and fifty-one to four thousand nine hun
dred and fifty-five, both inclusive, shall apply. Whenever said com
missioner finds a violation of the provisions of chapter two hundred and
forty-three; of the provisions of law relating to the employment of
minors and women; of the provisions of law relating to the weekly pay
ment of wages and the provisions of law relating to the health, lives, and
limbs of operators in factories, workshops, railroads, and other places,
and the provisions of law relating to the protection of the working
classes, he shall submit the evidence thereof to the proper prosecuting
officer, who shall prosecute the offender.
Definitions.
S e c . 5758. Words and phrases used in this chapter, unless the con
text otherwise requires, shall be construed as follows:
I.
“ Employer ” to include any body of persons, corporate or unin
corporated, public or private, and the legal representative of a deceased
employer, and to include the owner or lessee of premises, or other person
who is virtually the proprietor or operator of the business there carried
on, but who, by reason of there being an independent contractor or for
any other reason, is not the direct employer of the workmen there em
ployed. If the employer is insured, “ employer” includes his insurer
so far as applicable.

Commissioner
of industries.

942

TEXT OF LAWS— VERMONT,

943

II. “ Workman ” and “ employee ” to mean a person who has entered
into the employment of, or works under contract of service or appren
ticeship with, an employer, but not to include a person whose employ
ment is purely casual or not for the purpose of the employer’s trade or
business, or whose remuneration exceeds two thousand dollars a year:
Provided, however, That in all cases where the employee’s wage exceeds
the sum of two thousand dollars the employer and employee may enter
into an agreement setting forth that each desires to be bound by the
provisions of this act, and upon the filing of said agreement with the
commissioner of industries the provisions of this chapter shall apply.
Any reference to a workman who has been injured shall, where the
workman is dead, include a reference to his dependents as herein de
fined, if the context so requires, or, where the employee is a minor or
incompetent, to his committee or guardian or next friend.
III. “ Injury” and “ personal injury” to include death resulting
from injury within two years.
IV. “ Personal injury by accident arising out of and in the course of
such employment” to include an injury caused by the willful act of a
third person directed against an employee because of his employment,
but not to include a disease unless it results from the injury.
V. “ Employment, ” in the case of private employers, to include em
ployment only in a trade or occupation which is carried on by the em
ployer for the sake of pecuniary gain. “ Public employment ” to mean
employment by any of the public corporations mentioned in section
five thousand seven hundred and sixty-nine, but not to include the
employment of public officials who are elected by popular vote or who
receive salaries exceeding two thousand dollars a year.
VI. “ Partial disability” maybe held to include diminished ability
to obtain employment owing to disfigurement resulting from an injury.
VII. “ Wages” to include the market value of board, lodging, fuel,
and other advantages which can be estimated in money and which the
employee receives from the employer as a part of his remuneration; but
not to include any sum paid by the employer to his employee to cover
any special expenses entailed on the employee by the nature of his em
ployment.
V III. “ Insurance carrier” to include any corporation from which
an employer has obtained workmen’s compensation insurance or guar
anty insurance in accordance with the provisions of this chapter.
S e c . 5759. Words used in this chapter shall be construed as follows: Same.
I. “ Child ” to include a stepchild, adopted child, posthumous child,
and an acknowledged illegitimate child, but not to include a married
child unless dependent.
II. “ Brother” and “ sister” to include a stepbrother and stepsister,
half brother and half sister, and a brother and sister by adoption, but not
to include a married brother or a married sister unless dependent.
III. “ Grandchild ” to include a child of an adopted child and a child
of a stepchild, but not to include a stepchild of a child, a stepchild of
a stepchild, a stepchild of an adopted child, or a married grandchild,
unless dependent,
IV. “ Parent” to include a step-parent and a parent by adoption;
and
V. “ Grandparent” to include a parent of a parent by adoption, but
not to include a parent of a step-parent, a step-parent of a parent, or a
step-parent of a step-parent.
S e c . 5760. All process and procedure under the provisions of this
and pro’
chapter shall be as summary and simple as reasonably may be. Said
commissioner may make rules not inconsistent with such provisions for
carrying out the same, and shall cause to be printed and furnished, free
of charge, to any employer or employee such blank forms as he deems
necessary to facilitate or promote the efficient administration of such
provisions. Said commissioner shall have the power, so far as it is nec
essary for the determination of matters within his jurisdiction, to sub
poena witnesses, administer oaths, and to examine the books and records
of parties to such proceedings. The county court or a superior judge
shall, by proper proceedings, have power to enforce the attendance and
testimony of witnesses and the production and examination of books,
papers, and records before said commissioner, and, in the case of a cor-

944

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.

poration, the provisions of sections four thousand nine hundred and
fifty-one to four thousand nine hundred and fifty-five, both inclusive,
shall apply.
Evidence, etc.
s EC> 5701 (as amended by act No. 158, acts of 1919). The com
missioner of industries shall not be bound by common law or statutory
rules of evidence or by technical or formal rules of procedure except as
provided in this chapter, but may make such investigation or inquiry or
conduct such hearing or trial in such manner as to ascertain the sub
stantial rights of the parties.
Powers of comS e c . 5762. Questions arising under the provisions of this chapter, if
nussioner.
not settled by agreement of the parties interested therein with the ap
proval of said commissioner, shall, except as otherwise provided, be
determined by said commissioner. The decisions of said commissioner
shall be enforceable by the county court under the provisions of sec
tion five thousand eight hundred and nine. From such a decision an
appeal shall lie in the same manner as other appeals from said com
missioner; but in no case shall such an appeal operate as a supersedeas
or stay unless said commissioner or the court to which such appeal is
taken shall so order.
Application of
S e c . 5763. The provisions of this chapter, except sections five thousp
and seven hundred and sixty six, five thousand seven hundred and
sixty-seven, and five thousand eight hundred and twenty-six, shall
not apply to an employer or employee unless prior to the injury they
shall have so elected by agreement, either express or implied, as here
inafter provided. Such agreement shall be a surrender by the parties
thereto of their rights to any other method, form, or amount of compen
sation or determination thereof than as provided in this chapter, and
shall bind the employee himself, his widow, the employee’s widower,
personal representative, and next of kin and dependents as hereinafter
defined, as well as the employer and those conducting his business
during bankruptcy or insolvency.
Presumption.
S e c . 5764. Every contract of hiring, verbal, written, or implied,
made or implied prior to July first, ninteen hundred and fifteen, shall
be presumed to continue subject to the provisions of this chapter unless
either party shall at any time prior to accident, in writing, notify the
other party to such contract and the commissioner of industries that
the provisions of this chapter, other than sections five thousand seven
hundred and sixty-six, five thousand seven hundred and sixty-seven,
and five thousand eight hundred and twenty-six, are not intended to
apply.
New contracts.
S e c . 5765. Every contract of hiring, verbal, written or implied, made
subsequent to July first, nineteen hundred and fifteen, shall be presumed
to have been made subject to the provisions of this chapter ? unless there
is, as a part of such contract, an express statement in writing prior to
accident, either in the contract itself or by written notice b y either
party to the other and to said commissioner, that the provisions of this
chapter, other than sections five thousand seven hundred and sixtysix, five thousand seven hundred and sixty-seven, and five thousand
eight hundred and twenty-six, are not intended to apply, and it shall
be presumed that the parties have elected to be subject to the provisions
of this chapter and to be bound thereby. In the employment of minors
this chapter shall be presumed to apply unless the notice is given by or to
the parent or guardian of the minor. The agreement for the operation
of the provisions of this chapter, other than sections five thousand seven
hundred and sixty-six, five thousand seven hundred and sixty seven,
and five thousand eight hundred and twenty-six, maybe terminated by
either jjarty upon sixty days’ notice to the other and to said commis
sioner, in writing, prior to any accident.
eatedfeD£eS abr°" ^EC- 5766. If an employee has elected as hereinbefore provided to
’
come under the provisions of this chapter and his employer has elected
not to come under the provisions of this chapter, then if an action is
brought by the employee or his next of kin or personal representative
to recover for personal injuries sustained after such election by the em
ployer, arising out of and in the course of his employment, it shall not
be a defense:
I. That the employee was negligent.

TEXT OF LAWS---- VERMONT.

945

II. That the injury was caused by the negligence of a fellow em
ployee.
III. That the employee had assumed the risk of the injury.
S e c . 5767. If an employer has elected as hereinbefore provided to A v a i l a b l e ,
come under the provisions of this chapter, and his employee has elected wlien*
not to come under the provisions of this chapter, then if an action
is brought by the employee to recover damages for personal injuries
or by his personal representative for damages on account of his
death resulting from personal injuries sustained after the em
ployee has so elected, and arising out of and in the course of his
employment, the employer shall have all the defenses which he would
have had if the provisions of this chapter were not in force.
S e c . 5768. The provisions of this chapter shall apply to all public
Em ploym ents
and industrial employment, as hereinbefore defined, but shall n o tcovered*
apply to .domestic servants or to employers who regularly employ
but ten employees or less, provided that an employer who employs
ten men or less may notify said commissioner that he wishes to be in
cluded within the provisions of this chapter; and thereafter, the pro
visions of this chapter shall apply to him, the same as if he employed
more than ten men. If a workman receives personal injury by accident
arising out of and in the course of such employment, his employer or
the insurance carrier shall pay compensation in the amounts and to.
the person or persons hereinafter specified.
S e c . 5769. The provisions of this chapter shall apply to employees,
state and muother than officials as hereinbefore defined, of towns, town school mciPal bodies.
districts, incorporated school districts, incorporated villages, and fire
districts. Policemen, firemen, and others entitled to pensions shall
be deemed employees within the meaning of this chapter. If, how
ever, any policeman, fireman, or other person entitled to a pension
claims compensation under the provisions of this chapter, there shall
be deducted from such compensation any sum which such policeman,
fireman, or other person may be entitled to receive from any pension
or other benefit fund to which the municipal body may contribute:
Provided, however, That the provisions of this chapter shall not apply
unless and until such municipal body so votes at a meeting duly warned
for that purpose.
S e c . 5770. If a workman who has been hired in this State receives Injuries outside
personal injury by accident arising out of and in the course of such state*
employment, he shall be entitled to compensation according to the
law of this State, even though such injury was received outside of this
State.
S e c . 5771. If a workman who has been hired outside of this State Same,
is injured while engaged in his employer’s business and is entitled to
compensation for such injury under the law of the State where he was
hired, he shall be entitled to enforce against his employer his rights
in this State, if his rights are such that they can be reasonably deter
mined and dealt with by said commissioner and the court in this
State.
S e c . 5772. The provisions of this chapter shall affect the liability
Interstate comof employers to employees engaged in interstate or foreign commerce merceor otherwise only so far as the same is permissible under the laws of
the United States.
S e c . 5773. The provisions of this chapter shall not apply to injuries
Prior injuries,
sustained or accidents which occurred prior to July first, nineteen
hundred and fifteen.
S e c . 5774. The rights and remedies granted by the provisions of . Remedy excluthis chapter to an employee on account of a personal injury for which slve*
he is entitled to compensation under the provisions of this chapter,
shall exclude all other rights and remedies of such employee, his per
sonal representatives, dependents or next of kin, at common law or
otherwise on account of such injury. Employers who hire workmen
within this State to work outside of the State may agree with such
workmen that the remedies under the provisions of this chapter shall
be exclusive as regards injuries received outside this State by accident
arising out of and in the course of such employment, and all contracts
of hiring in this State shall be presumed to include such an agree
ment.
177982°— 21— B ull. 272------- 6 0 + 6 1

946

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 st a t e s.

S e c . 5775. When an injury for which compensation is payable
under the provisions of this chapter has been sustained under cir
cumstances creating in some person other than the employer a legal
liability to pay damages in respect thereto, the injured employee
may, at his option, either claim compensation under the provisions
of this chapter or obtain damages from or proceed at law against such
other person to recover damages; and, if compensation is claimed and
awarded under the provisions of this chapter, an employer having paid
the compensation or having become liable therefor shall be subrogated
to the rights of the injured employee to recover against that person:
Provided, If the employer recovers from such other person damages in
excess of the compensation already paid or awarded to be paid under
the provisions of this chapter, then any such excess shall be paid to
the injured employee less the employer’s expenses and costs of action.
Waivers.
S e c . 5776. An employer shall not be relieved in whole or in part
from liability created by the provisions of this chapter, by any con
tract, rule, regulation, or device whatsoever.
Death benefits.
S e c . 5777. If death results from the injury within two years, the
employer or the insurance carrier shall pay to the persons entitled to
compensation or, if there are none, then to the personal representative
of the deceased employee, burial expenses not to exceed one hundred
dollars; and shall also pay to or for the following persons for the follow
ing periods a weekly compensation equal to the following percentages
of the deceased employee’s average weekly wages as defined in section
five thousand seven hundred and ninety: Provided, That the total
amounts payable on account of a single death shall not exceed the sum
of thirty-five hundred dollars and the amounts herein allowed shall be
ratably reduced, if necessary, to conform to this limitation:
I. To the dependent widow or widower, if there are no dependent
children, thirty-three and a third per cent.
II. To the dependent widow or widower, if there are one or two de
pendent children, forty per cent; or if there are three or more dependent
children, forty-five per cent. Such compensation to the widow or
widower shall be for the use and benefit of such widow or widower and
of the dependent children.
III. If there is no dependent widow or widower, but a dependent
child or children, then to such child or children, twenty-five per cent,
with ten per cent additional for each child in excess of two, with a
maximum of forty per cent, to be divided equally among such children
if more than one.
IV. If there is neither dependent widow, widower, nor child, but
there is a dependent father or mother, then to such parent, if wholly
dependent, twenty-five per cent, or if partially dependent, fifteen per
cent; or if both parents are dependent then half of the foregoing com
pensation to each of them; or, if there is no such parent, but a depend
ent grandparent, then to every such grandparent the same compensa
tion as to a parent.
V. If there is neither dependent widow, widower, child, parent, nor
grandparent, but there is a dependent grandchild, brother, or sister, or
two or more of them, to such dependents, fifteen per cent for one such
dependent and five per cent additional for each additional such depen
dent, with a maximum of twenty-five per cent to be divided equally
between such dependents if more than one. Said commissioner shall,
from time to time, apportion such compensation between any and all
dependents named in this section in such manner as he deems best, and
in making such apportionment said commissioner shall, in so far as it is
possible, apportion said sum so that each dependent shall be self-sup
porting.
Dependents.
S e c . 5778. The following persons, and they only, shall be deemed
dependents and entitled to compensation under the provisions of this
chapter:
I. A child, if under eighteen years of age, or incapable of self-support
and unmarried, whether ever actually dependent upon the deceased
or not.
II. The widow if living with the deceased, or living apart from him
for justifiable cause, or actually dependent, wholly or partially, upon
him.

L i a b i l i t y of
third persons.

TEXT OF LAWS---- VERMONT.

947

III. The widower only if incapable of self-support and actually de
pendent wholly or partially, upon the deceased at the time of her
injury.
IV. A parent or grandparent only if actually dependent, wholly or
partially, upon the deceased.
Y. A grandchild, brother or sister only if under eighteen years of age,
or incapable of self-support, and wholly dependent upon the deceased.
The relation of dependency must exist at the time of the injury.
S e c. 57 7 9 . The compensation provided for by the provisions of this Periods of comchapter shall be payable during the following periods:
pensation.
I. To a widow, until death or remarriage, but in no case to exceed
two hundred and sixty weeks.
II. To a widower, during disability or until remarriage, but in no case
to exceed two hundred and sixty weeks.
III. To or for a child, during dependency as hereinbefore defined,
but in no case to exceed two hundred and sixty weeks.
IV. To a parent or grandparent, during the continuation of a con
dition of actual dependency, but in no case to exceed two hundred and
eight weeks; and
V. To or for a grandchild, brother or sister, during dependency as
hereinbefore defined, but in no case to exceed two hundred and eight
weeks.
Upon the cessation of compensation under this section to or on ac
count of any person, the compensation of the remaining persons entitled
to compensation for the unexpired part of the period during which
their compensation is payable, shall be that which such persons would
have received if they had been the only persons entitled to compensa
tion at the time of the decedent’s death.
S ec . 5780. In computing death benefits the average weekly wages M i n i m u m
of the deceased employee shall be considered to be not less than five l3asis*
dollars.
S e c. 5 7 81. Payment of death benefits by an employer in good faith Payment disto a dependent subsequent in right to another or other dependents, charge*
shall protect and discharge the employer unless and until such depend
ent or dependents prior in right have given him notice of his or their
claim. In case the employer is in doubt as to the respective rights of
rival claimants, he may apply to said commissioner to decide between
them.
S e c . 5782. In case death occurs after a period of disability, either incompetents,
total or partial, the period of disability shall be deducted from the
total period of compensation respectively stated in section five thou
sand seven hundred and seventy-nine. The compensation of a person
who is insane shall be paid to his guardian.
S ec . 5783. In case of the death of a person from any cause other than Death during
the accident during the period of payments for the permanent injury, benefit period,
the remaining payments shall be made to his dependents according to
the provisions of section five thousand seven hundred and seventy-nine,
or i f there are none, the remaining amount due, but not exceeding one
hundred dollars, shall be paid in a lump sum to the proper person for
funeral expenses.
S ec . 5784. During the first fourteen days of disability the employer Medical, etc.,
shall furnish reasonable surgical, medical and hospital services and ald*
supplies not exceeding the amount of one hundred dollars. The
pecuniary liability of the employer for the medical, surgical, and
hospital services herein required shall be limited to such charges as
prevail in the same community for similar treatment of injured persons
of a like standard of living when such treatment is paid for by the
injured person.
S e c . 5785. Where the injury causes total disability for work, the . T o t a l disabilemployer during such disability, not including the first fourteen dayslty*
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 of the average weekly
wages, but not more than twelve dollars and fifty cent nor less than
three dollars a week. Payments shall not continue after the disability
ends, nor longer than two hundred and sixty weeks; and in case the

948

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

THE UNITED STATES.

total disability begins after a period of partial disability, the period of
partial disability shall be deducted from such total period of two
hundred and sixty weeks. In case of an employee whose average
weekly wages are less than three dollars a week, the compensation shall
be the full amount of such average weekly wages.
Total disability. S e c . 5786. In case of the following injuries, the disability caused
thereby shall be deemed total and permanent:
I. The total and permanent loss of sight in both eyes.
II. The loss of both feet at or above the ankle.
III. The loss of both hands at or above the wrist.
IV. The loss of one hand and one foot.
V. An injury to the spine resulting in permanent and complete
paralysis of both legs or both arms or of one leg and of one arm; and
VI. An injury to the skull resulting in incurable imbecility or
insanity.
The above enumeration is not to be taken as exclusive: Provided,
however, That the total amount payable on account of an accident to
one person resulting in permanent total disability shall not exceed the
sum of four thousand dollars.
Partial disa_ S e c . 5787. Where the disability for work resulting from an injury is
biiity.
partial, the employer, during such disability and beginning on the
fifteenth day thereof if the injury causing the same occurred prior to
July first, nineteen hundred and eighteen, and on the eighth day
thereof, if such injury occurred on or after said July first, nineteen
hundred and eighteen, shall pay the injured employee a weekly com
pensation equal to half of the difference between his average weekly
wage before the injury and the average weekly wage which he will
probably be able to earn thereafter, but not more than ten dollars a
week. Payments shall not continue after the disability ends nor
longer than two hundred and sixty weeks, and in case the partial dis
ability begins after a period of total disability, the period of total
disability shall be deducted from such total period of two hundred and
sixty weeks.
Same.
S e c . 5788 (as amended by act No. 159, acts of 1919). In case of the
following injuries, the compensation shall be fifty per cent of the aver
age weekly wage of the injured employee during total disability, to be
computed as provided in section five thousand seven hundred and
ninety, and at the termination of the total disability occasioned by
said injuries, the employer shall pay to said injured employee fifty per
cent of the average weekly wages, computed as above, and subject to
the maximum and minimum as provided in section 5785 for the periods
stated against such injuries, respectively, but in no case to exceed the
period of two hundred and sixty weeks, which compensation shall be
in lieu of all other benefits except those provided in section five
thousand seven hundred and eighty-four:
Schedule.
I. The loss b y separation of one arm at or above the elbow joint, or
the permanent and complete loss of the use of one arm, one hundred and
seventy weeks.
II. The permanent and complete loss of hearing in both ears, one hun
dred and seventy weeks.
III. The loss b y separation of one leg at or above the knee joint, or
the permanent and complete loss of the use of one leg, one hundred and
seventy weeks.
IV. The loss b y separation of one hand at or above the wrist joint, or
the permanent and complete loss of the use of one hand, one hundred
and forty weeks. The loss of the thumb and all four fingers of the hand
shall be considered equal to the loss of the entire hand.
V. The loss by separation of one foot at or above the ankle joint, or
the permanent and complete loss of the use of one foot, one hundred and
twenty weeks.
VI. The loss by separation of a thumb, forty weeks.
VII. The loss b y separation of a first finger, commonly called the
index finger, twenty-five weeks.
V III. The loss by separation of a second finger, twenty weeks.
.IXThe loss b y separation of a third finger, fifteen weeks.
X . The loss b y separation of a fourth finger, ten weeks.
X I. The loss of the first phalange of the thumb, or of any finger, shall
be considered to be equal to the loss of half of such thumb or finger,
and compensation shall be for half of the periods of time above speci-

TEXT OF LAWS— VERMONT.

949

fied, and compensation for loss of half of the first phalange shall be for a
fourth of the periods of time above specified.
X II. The loss of more than one phalange shall be considered as the
loss of the entire finger or thumb: Providing, however, That in no case
shall the amount received for more than one finger exceed the amount
provided in this schedule for the loss of a hand.
X III. The loss by separation of a great toe, twenty weeks.
X IV . The loss by separation of one of the toes other than the great
toe, eight weeks.
X V . The loss of the first phalange of any toe^ghall be considered to be
equal to the loss of half of such toe and compensation shall be half of the
amount specified above.
^X V I. The loss of more than one phalange of any toe shall be con
sidered as the loss of the entire toe.
X V II. The loss of an eye, one hundred weeks.
X V III. In all cases where the employee sustains any of the injuries
enumerated in the preceding seventeen subdivisions and at the same
time receives injuries to other parts of his person which in themselves
totally disable him for work, then said employee shall be first com
pensated for such other injuries and on the termination of the total
disability occasioned by such other injuries, compensation shall be
paid for the specific injuries as above specified but in no case shall the
total period for which compensation is paid exceed two hundred and
sixty weeks.
X IX . In all other cases in this class, or where the usefulness of a other injuries,
member or any physical function is permanently impaired, the com
pensation shall bear such relation to the amounts stated in the above
schedule as the disabilities bear to those produced by the injuries
named in the schedule.
X X . In case of the following injuries the compensation shall be fifty
per cent of the average weekly wages, which compensation shall be in
lieu of all other benefits except those provided in section five thousand
seven hundred and eighty-four:
(a) The permanent and complete loss of hearing in one ear, forty-two
and a half weeks.
(b) Simple hernia, four weeks.
(c) Strangulated hernia, eight weeks.
X X I. In event an employee shall receive an injury which results in
the permanent impairment of any physical function not herein spe
cifically mentioned the commissioner of industries shall determine the
percentage of loss and award compensation accordingly.
S e c . 5789. Compensation shall not be allowed for an injury caused Willful intent
by an employee’s willful intention to injure himself or another or by
or during his intoxication or by an employee’s failure to use a safety
appliance provided for his use. The burden of proof shall be upon the
employer if he claims the benefit of the provisions of this section.
S e c . 5790 (as amended by act No. 159, acts of 1919). Average weekly Computation of
wages shall be computed in such a manner as is best calculated to give wages‘
the average weekly earnings of the workman during the twelve weeks
preceding his injury: Provided, That where, by reason of the shortness
of the time during which the workman has been in the employment,
or the casual nature of the employment, or the terms of the employ
ment, it is impracticable to compute the rate of remuneration, regard
may be had to the average weekly earnings which, during the twelve
weeks previous to the injury, were being earned by a person in the
same grade employed at the same work by the employer of the injured
workman, or if such a person is not so employed, by a person in the same
grade employed in the same class of employment and in the same dis
trict. If a workman at the time of the injury is regularly employed in
a higher grade of work than formerly during the twelve weeks preceding
such injury and with larger regular wages, only such larger wages shall
be taken into consideration in computing his average weekly wages; if
during said period of twelve weeks an injured employee has been absent
from his employment on account of sickness, then only such time
during said period as he was able to work shall be taken into con
sideration in determining his average weekly wage.
S e c . 5791. Payments made by an employer or his insurer to an Voluntary payinjured workman during the period of his disability, or to his depend-ments-

950

w o r k m e n ’ s c o m p e n s a t io n l a w s OF THE UNITED STATES.

ents, which, by the provisions of this chapter, were not due and pay
able when made, may, subject to the approval of said commissioner,
be deducted from the amount to be paid as compensation: Provided,
That in case of disability such deduction shall be made by shortening
the period during which compensation must be paid, and not by
reducing the amount of the weekly payments under sections five thou
sand seven hunderd and eighty-five to five thousand seven hundred
and eighty-eight, both inclusive.
Time of paySec. 5792. Said commissioner, upon the application of either party,
ments.
may, in ’his discretion, having regard to the welfare of the employee
and the convenience of the employer, authorize compensation to be paid
monthly or quarterly instead of weekly.
Lump sums.
S e c . 5793. The compensation herein provided may be commuted by
said commissioner at its present value when discounted at four per cent,
simple interest, upon application of either party, with due notice to
the other, if it appears that such commutation will be for the best
interest of the employee or the dependents of the deceased employee
or that it will avoid undue expense or undue hardship to either party.
Commutation shall not be allowed for the purpose of enabling the
injured employee or the dependents of an employee to satisfy a debt.
Payments
to
Sec. 5794. Whenever, for any reason, said commissioner deems it
trustees.
expedient any lump sum which is to be paid as provided in the pre
ceding section shall be paid by the employer to some bank, banking
institution, or trust company to be appointed by said commissioner as
trustee to administer or apply the same for the benefit of the person or
persons entitled thereto in the manner provided by said commissioner.
The payment of such money by the employer, evidenced by the receipt
of the trustee, shall operate as a satisfaction of said compensation. In
the appointment of such trustee preference shall be given, in the dis
cretion, of said commissioner, to the choice of the employee or the
dependents of the deceased employee. The expense of the adminis
tration of such trust shall be fixed by said commissioner, and shall be
a charge upon the compensation so deposited.
Medical examiS e c . 5795. After an injury and during the period of disability the
nation.
workman, if so requested by his employer, or ordered by said commis
sioner, shall submit himself to examination, at reasonable times and
places, to a duly licensed physician or surgeon designated and paid by
the employer. The workman shall have the right to have a physician
or surgeon designated and paid by himself present at such examination,
which right, however, shall not be construed to deny to the employer’s
physician the right to visit the injured workman at all reasonable
times and under all reasonable conditions during total disability. If
a workman refuses to submit himself to or in any way obstructs such
examination his right to take or prosecute any proceeding under the
provisions of this chapter shall be suspended until such refusal or
obstruction ceases, and compensation shall not be payable for the
period during which such refusal or obstruction continues.
Notice of inS e c . 5796 (as amended b y act No. 159, acts of 1919). A proceeding
jury.
under the provisions of this chapter for compensation shall not be
maintained unless a notice of the injury has been given to the em
ployer as soon as practicable after the happening thereof, and unless
Claim.
a claim for compensation with respect to an injury has been made
within six months after the date of the injury; or, in case of death,
then within six months after such death, whether or not a claim has
been made by the employee himself for compensation. Such notice
and such claim may be given or made by any person claiming to be
entitled to compensation or by some one in his behalf. If payments
of compensation have been made voluntarily, the making of a claim
within such period shall not be required. But in case, through mietake of law or fact, suit or suits shall have been brought to recover
damages in any court and final judgment is against the employee, the
above limitation shall not begin to run until six months after such suit
or suits shall have been finally determined.
Form.
S e c . 5797. The notice and claim required under the provisions of the
preceding section shall be in writing; and such notice shall contain the
name and address of the employee, shall state in ordinary language the
time, place' nature, and cause of the injury and shall be signed by the
employee or by a person in his behalf, or, in the event of Ms death, by

TEXT OF LAWS---- VERMONT.

951

any one or more of his dependents or by a person in their behalf. The
notice and the claim may be combined.
S e c . 5798. A notice under the provisions of this chapter shall be given Service,
to the employer, or, if the employer is a partnership, then to any one of
the partners. If the employer is a corporation, then the notice may be
given to any agent of the corporation upon whom process may be
served, or to any officer of the corporation, or any agent in charge of the
business at the place where the injury occurred. Such notice shall be
given by delivering it or by sending it by mail by registered letter ad
dressed to the employer at his or its last known residence or place of
business. The foregoing provisions shall apply to the making of a
claim.
Sec. 5799. A notice given under the provisions of section five thousand Sufficiency,
seven hundred and ninety-six shall not be held invalid or insufficient by
reason of any inaccuracy in stating the time, place, nature, or cause of the
injury, or otherwise, unless it is shown that the employer was in fact
misled to his injury thereby. Want of or delay in giving such notice
shall not be a bar to proceedings under the provisions of this chapter if
it is shown that the employer, his agent, or representative, had knowl
edge of the accident or that the employer has not been prejudiced by
such delay or want of notice.
S e c . 5800. Limitation of time provided by this chapter shall not run Incompetents,
as against any person who is mentally incompetent or a minor dependent
so long as such person has no guardian.
S e c . 5801. If the employer and an injured employee enter into an Agreements,
agreement in regard to compensation payable under the provisions of
this chapter, a memorandum thereof shall be filed with said commis
sioner; and, if approved by him, such agreement shall be enforceable
and subject to modification as provided by section five thousand eight
hundred^ and five and five thousand eight hundred and nine. Said
commissioner shall approve such agreement only when the terms thereof
conform to the provisions of this chapter.
S e c . 5802 (as amended by act No. 159, acts of 1919). If the com- Hearings and
pensation is not fixed by agreement, either party may apply to said awardscommissioner for hearing and award in the premises; and said com
missioner shall set a time and place for hearing and give at least six
days’ notice thereof to the parties. Such hearing shall be held at the
county seat in the county within which the injury occurred, or in such
town within said county as said commissioner may designate. So far
as possible all hearings shall be held at the county courthouse or the
municipal court room, and it shall be the duty of the sheriff of the
county in which said hearings are held to furnish proper accommoda
tions and cause the same to be properly heated and lighted, but if
the injury occurred outside the State, said commissioner shall desig
nate some place within the State for such hearing. At such hearing a
full trial shall be had^ and, within six months thereafter, said com
missioner shall make his award setting forth his findings of fact and the
law applicable thereto, and shall forthwith send to each of the parties
a copy of such award.
S e c . 5803. Notices of hearings under the provisions of this chapter . Notice of hearshall be given to the employee, employer, and to the insurance carrier. mgSuch notice shall be given by delivering it or by sending it by mail,
addressed to the employee, employer, and to the said insurace com
pany at his or its last known residence or place of business. The
foregoing provision shall apply alike to individuals, partnerships, and
corporations.
S e c . 5804. When application is made to said commissioner under the Medical examiproyisions of the second preceding section, a duly licensed and im -natlonspartial physician may be appointed by said commissioner to examine
the injured employee and to report to said commissioner. Said phy
sician shall receive for such an examination a fee of five dollars and
necessary traveling and hotel expenses, which shall be paid by the
State on accounts approved by said commissioner, and said commis
sioner may allow additional reasonable amounts in extraordinary cases.
Sec. 5805. Upon his own motion or upon the application of any party Review,
in interest upon the ground of a change in the conditions, said com
missioner may at any time review any award, and on such review, may
make an order ending, diminishing, or increasing the compensation

952

WORKMEN- ’S COMPENSATION LAWS OF THE UNITED STATES.

previously awarded, subject to the maximum or minimum provided in
this chapter and shall state his conclusions of fact and rulings of law and
immediately send to the parties a copy of the award. Such review shall
not affect such award as regards any money already paid.
Awards final.
S e c . 5806. An award of said commissioner shall, in the absence of a
fraud, be conclusive between the parties except as provided in the
preceding section, unless an appeal is taken therefrom as hereinafter
provided.
A p p e a l s to
S ec . 5807. Within ten days after copies of an award have been sent as
county court.
provided by this chapter, either party may appeal to the county court
of a county Wherein a civil action between the parties would be triable.
The provisions of sections one thousand six hundred and ninety-five
and one thousand six hundred and ninety-six as to the time for entering
and docketing such appeals and for the appellee’s appearance shall
apply to such appeals. The superior judges shall, by general rules, pro
vide for the procedure to be followed on such appeals, and either
party shall be entitled to a trial by jury under such general rules as said
judges may prescribe.
A p p e a l s to
Sec. 5808. If an appeal is not taken under the provisions of the presupreme court.
ce(jing section, within the time limited therefor, either party may,
within five days thereafter, appeal to the supreme court; and the juris
diction of said court shall be limited to a review of questions of law
certified to it by said commissioner. Said court may render final judg
ment on such appeal and award execution or may remand the cause to
said commissioner for further findings. Said court shall, by general
rules, prescribe the procedure to be followed in case of such appeals.
Enforcement of
S e c . 5809. A party in interest may file in the county court for the
award.
county in which the injury occurred, or for the county of Washington,
a certified copy of a decision of said commissioner awarding compensa
tion, from which an appeal has not been taken within the time allowed
therefor, or a certified copy of a memorandum of agreement approved
by said commissioner, whereupon said court shall render judgment in
accordance therewith and notify the parties thereof. Such judgment
shall have the same effect, and all proceedings in relation thereto shall
thereafter be the same, as though such judgment had been rendered in
an action duly heard and determined by said court, except that there
shall not be an appeal therefrom.
Revision of deS ec . 5810. A county court which has rendered judgment as provided
crees.
^
co p te r, shall, upon the filing with it of a certified copy of a de
cision of said commissioner ending, diminishing, or increasing compen
sation previously awarded, revoke, or modify its prior judgment so that
it will conform to such decision.
New hearings.
SEc. 5811. Said commissioner may grant a new hearing in a cause
determined by him on the ground of newly discovered evidence when
a petition, setting forth the substance of such evidence, verified by the
oath of the petitioner, is presented. The decision of said commissioner
in granting or denying said hearing shall be final and conclusive. If a
Costs.
party petitions said commissioner for a new hearing he shall give the
adverse party notice of such petition by a citation signed by said com
missioner served like a writ of summons, at least twelve days before the
date of said hearing. A new hearing shall not be granted on a petition
unless the citation to the adverse party is served within six months after
Sheriffs’
and the date of the order of said commissioner,
witness fees.
S ec . 5812. If said commissioner, or a court before whom proceedings
are pending under the provisions of this chapter, determines that such
proceedings have been brought, prosecuted, or defended without reason
able ground, it may assess the whole cost of the proceedings upon the
party who has so brought, prosecuted, or defended them.
Preferences
S e c . 5813. Sheriffs and witnesses shall receive the same fees for the
service of process and attendance before said commissioner as are paid
sheriffs and witnesses in county court. Costs shall not be taxed or
allowed either party except as provided in the preceding section.
Sec. 5814. All rights of compensation granted by the provisions of
this chapter shall have the same preference or priority against the
assets of the employer as is allowed by section two thousand eight hun
dred and twenty-four.
Assignments.
Sec. 5815. Claims for compensation under the provisions of this
chapter shall not be assignable; and compensation and claims therefor

TEXT OF LAWS----VERMONT.

953

shall be exempt from all claims of creditors, except as herein provided.
Claims of physicians for services rendered under the provisions of this Fees.
chapter and claims of attorneys for services rendered an employee in
prosecuting a claim under the provisions of this chapter shall be ap
proved by said commissioner; and, when so approved, may be enforced
against compensation awards in such manner as said commissioner may
direct.
for
Sec. 5816 (as amended by ch. 159, acts of 1919). Employers, but not Security
including the State, county, or the municipal bodies mentioned in compensation.
section five thousand seven hundred and sixty-nine, shall secure com
pensation to their employees in one of the following ways:
I. By insuring and keeping insured the payment of such compensa
tion with any corporation authorized to transact the business of work
men’s compensation insurance in this State.
II. By obtaining and keeping in force guarantee insurance with any
company authorized to do such guarantee business within the State.
III. By depositing and maintaining with the State treasurer a surety
bond or other security satisfactory to said commissioner, securing the
payment by said employer of compensation according to the terms of
this chapter.
IV. By satisfying said commissioner as to the financial responsibility
of the employer to comply with the provisions of this chapter; or
Y. By depositing in such bank or trust company in this State as said
commissioner may designate such sum of money as said commissioner
may require to the joint credit of said commissioner and the employer,
which said sum shall be held as security for such compensation as may
be awarded the injured employees of said employer, and shall be free
from attachment or trustee process so long as any liability for such
compensation exists.
VI.
An insurance company authorized to transact compensation inViolations.
surance in this State, which refuses or neglects to comply with the
reasonable rules and regulations of the commissioner of industries or
which neglects or refuses to properly and promptly adjust and pay
compensation and medical bills m accordance with the provisions of
law may be cited by the commissioner of industries before the insurance
commissioner. If, after a hearing, the insurance commissioner finds
that such insurance company has failed to comply with such rules and
regulations or has failed to properly and promptly pay compensation
and medical bills as provided by law, he may suspend the license of
such company to do business in the State for such time as in his judg
ment seems just.
If an employer who secures the payment of compensation under the
provisions of subdivisions three, four, or five of this section neglects or
refuses to comply with the reasonable rules and regulations of the com
missioner of industries, or neglects and refuses to promptly adjust and
pay all compensation and medical bills as required by law, the com
missioner of industries may cite in such employer, and if on hearing it is
found that such neglect or refusal is willful, he may revoke the per
mission granted to said employer to secure the payment of compensa
tion under either one or all of such subdivisions and compel said em
ployer to take out insurance in an insurance company authorized to
transact compensation insurance in the State.
Sec. 5817. An employer subject to the provisions of this chapter shall Notice of in
file with said commissioner, in form prescribed by him, a notice of the surance.
insurance mentioned in the preceding section carried by such employer,
together with a copy of the contract or policy of insurance.
Sec. 5818. An employer who has complied with the provisions of Posting notice.
section five thousand eight hundred and sixteen shall post and main
tain in a conspicuous place in and about each of his places of business
typewritten or printed notices in form prescribed by said commissioner,
stating the fact that the provisions of this chapter relating to securing
the payment of compensation to his employees and their dependents
have been complied with.
Sec. 5819. An employer who fails to comply with the provisions of Failure to se
compensa
section five thousand eight hundred and sixteen, for a period of thirty cure
tion.
days, may be enjoined by a superior judge, on notice and hearing,
from carrying on his business until such time as the provisions of such
section are complied with. The superior judges shall, by general rules,

954

w o r k m e n ’ s COMPENSATION l a w s o f t h e u n i t e d s t a t e s .

prescribe the procedure to be followed under the provisions of this
section.
Provisions of Sec. 5820. Every policy of insurance and every guarantee contract
policies.
covering the liability of an employer for compensation shall cover the
entire liability of such employer to his employees covered by such
policy or contract, and also shall contain a provision setting forth the
right of the employees to enforce^ in their own names, the liability of
the insurance earner in whole or in part for the payment of such com
pensation, either by filing a separate claim at any time or by making
at any time the insurance carrier a party to the original claim: Provided, ho wever, That payment in whole or in part of such compensation
by either the employer or the insurance carrier shall, to the extent
thereof, be a bar to the recovery against the other of the amount so paid.
P r i ▼i ty of Sec. 5821. Such policies and contracts shall contain a provision that,
knowledge.
ag between the employee and the insurance carrier, notice to or knowl
edge of the occurrence of an 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 pur
pose of this chapter, be jurisdiction of the insurance carrier; and that
the insurance carrier shall in all things be bound by and subject to the
orders, findings, decisions, or awards rendered against the employer
for the payment of compensation under the provisions of this chapter.
Insolvency of Sec. 5822. Such policies and contracts shall contain a provision to
employer.
the effect that the insolvency or bankruptcy of the employer and his
discharge therein shall not relieve the insurance carrier from the pay
ment of compensation for injuries or death sustained by an employee
during the life of such a policy or contract.
Cancellation of Sec . 5823. Such a policy or contract shall not be canceled within the
tracts*.1106 C(m” time limited in such policy or contract for its expiration until at least
ten days after a notice of intention to cancel such policy or contract, on
a date specified in such notice, has been filed in the office of said com
missioner and also served on the employer. Such cancellation shall
not affect the liability of an insurance carrier on account of an injury
occurring prior to such cancellation.
Insurance by
S e c . 5824. Municipalities which are liable to their employees for
municipalities,
compensation under the provisions of this chapter may insure with an
authorized insurance carrier.
Cost on emSec. 5825. An agreement by an employee to pay any portion of the
pioyer.
cost of insurance of any kind maintained or carried, by an employer for
the purpose of securing compensation under the provisions of this chap
ter shall be void; and an employer who makes a deduction for such
purpose from the wages or salary of an employee entitled to the bene
fits of this chapter shall be fined not more than five hundred dollars.
Accidents to be
S e c . 5826. Every employer liable to pay compensation under the
reported.
provisions of this chapter shall keep a record of all injuries, fatal or
otherwise, sustained by his employees in the course of their employ
ment, and shall report such an injury causing an absence of one day or
more, or necessitating medical attendance, to said commissioner in
writing upon blanks to be procured from said commissioner for such
purpose, within seventy-two hours, Sundays and legal holidays ex
cluded, after the occurrence of such an injury. At the termination of
the disability of such injured employee, such employer shall make a
final report upon blanks to be procured as herein provided; if such
disability extends beyond a period of sixty days, such employer shall,
at the expiration of each sixty days’ period, make a supplemental report
to said commissioner that such injured employee is still disabled, and,
at the termination of such disability, shall file a final report as above
provided. Such reports shall state the name and nature of the business
of such employer; the location of the place where the accident oc
curred; the name, age, sex, wages, and occupation of said injured em
ployee; and shall state the date and hour of the accident causing such
injury; the nature and cause thereof; and such other information as
may be required by said commissioner. An employer who refuses or
neglects to make a report required by this section shall be fined not
more than twenty-five dollars. Within sixty days after disability, such
employer or other party liable to pay the compensation provided for by
this chapter shall file with said commissioner a statement showing the

TEXT OF LAWS----VERMONT.

955

total payments made or to be made for compensation and for medical
services for such injured employee.
S e c . 5827. Every employer doing business in this State, employing' Statement as to
five men or more, and every employer accepting the provisions of this einployees'
chapter, shall, during the month of June of each year, file with the
commissioner of industries a certificate stating the number of persons in
his employ, together with such other statistical information as said
commissioner may require. An employer who refuses or neglects to
file the certificate required by this section shall be fined not more than
one hundred dollars.
S ec . 5828. Said commissioner shall, in each even year, make a report Biennial reto the governor showing the work done during the preceding two years P°rts*
and shall include therein a properly classified statement of his expenses,
statistical information relating to the number and character of industrial
accidents during such two years, information as to the general indus
trial conditions prevailing within the State, and such other informa
tion and recommendations as seem pertinent. Such report shall be
printed.
Sec. 5829. A person who willfully makes a false statement or repre- False represensentation, for the purpose of obtaining any benefit or payment under tatlonsthe provisions of this chapter, either for himself or for any other person,
shall be fined not more than one hundred dollars, and shall forfeit all
right to compensation under the provisions of this chapter after con
viction for such offense.
Sec. 5830. If any portion of this chapter is held unconstitutional or Provisions sevinvalid, such holding shall not affect the validity of the chapter as a erablewhole, or any part thereof which can be given effect without the part
so held to be unconstitutional or invalid.
S ec . 5831. In construing the provisions of this chapter, the rule of Rules of conlaw that statutes in derogation of the common law are to be strictly structlon*
construed shall not be applied. The provisions of this chapter shall
be so interpreted and construed as to effect its general purpose to make
uniform the law of those States which enact it.
ACTS OF 1919.
A ct . N o . 156.— Mutual associations for workmen’s compensation insur

ance.
S e c t i o n 1. Employers who have accepted the provisions of the . Mutual associaworkmen’s compensation act and are bound to pay compensation to tl0ns authonzecltheir employees thereunder, may, with the approval of the insurance
commissioner, associate themselves in accordance with the law for
the formation of corporations without capital stock for the purpose of
establishing and maintaining mutual associations to insure their
liabilities under such act.
S e c . 2. The insurance commissioner may require the incorporators Approval by inof such association to include in their proposed certificate of incorporacommis"
tion such lawful provisions for the regulation of the affairs of the asso
ciation and the definition of its powers and the powers of its officers,
directors, and incorporators as shall satisfy him that it is well designed
and wisely adapted to its proposed purposes. When such a certificate
in form and substance acceptable to the insurance commissioner has
been approved by and filed with the secretary of State, the incorpo
rators shall forthwith cause copies thereof to be filed in the office of the
insurance commissioner and of the commissioner of industries.
Sec. 3. Membership in such association shall be limited to such Membership,
employers as are liable for compensation to their employees under
the workmen’s compensation law, and such association shall have
power by appropriate by-laws to provide for the admission, suspension,
withdrawal or expulsion of members.
S e c. 4. Except as herein otherwise provided such association shall Control,
be subject to the same regulations and control as is or may be imposed
by law upon other corporations or associations taking similar risks in
this State, and the insurance commissioner shall have such jurisdic
tion and power over such association as may be now or hereafter given
by the insurance laws of this State.

956

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 .

' TO£ 5 icies *ssue» Sec. 5. A policy shall not be issued by such association until mem”
bership in such number and with such numbers of employees as the
insurance commissioner may decide will give a fair diffusion of risks
shall have obligated themselves to take policies immediately upon
their authorization, nor shall a policy be issued except such as the
insurance commissioner shall have approved as conforming in all
respects to the requirements of this act. If at any time by the retire
ment of members, reduction of numbers of employees^ or other cause
the membership of any association shall appear to the insurance com
missioner no longer to afford a fair diffusion of risks, he may suspend
or forbid the further issue of policies until the former conditions of the
association have been restored.
Officers.
S ec . 6. The affairs of an association incorporated under this act
shall be managed by such officers and directors as may be chosen in a
manner prescribed by the by-laws of the association: Provided, Each
member shall be entitled to cast at least one ballot in all elections
Voting.
and votes, and that a member who has had for six months an average
of more than one hundred and not more than two hundred fifty em
ployees to whom he is bound to pay compensation under the workmen’s
compensation act shall be entitled to two ballots, and that each
additional one hundred and fifty employees shall entitle such member
to an additional ballot: Provided, however, That no member shall be
entitled to cast more than ten ballots.
Safety rules.
Sec. 7. Such association shall have power to prescribe and enforce
reasonable rules for safety regulations on the premises of its members,
subject, however, to the approval of the commissioner of industries,
and for that purpose its inspectors shall have free access to all such
premises during regular working hours.
Premium rates.
S ec . 8. Such association shall have power to determine the premium
rates for each occupation of risk insured by it, and to prescribe rates
of cash premiums sufficient to cover losses incurred and current cost.
The premium rate on each policy shall prevail for a full year, but
annually may be changed by the directors. The current cost herein
specified shall be such an amount as is sufficient to cover the losses
and expenses incurred and a premium reserve equal to fifty per cent
of all premiums and assessments levied or paid. Members of such
association shall be required to pay yearly in advance cash premiums,
and in addition thereto an amount in negotiable notes or cash sufficient
to maintain a reserve equal to that required of other companies doing
the same class of business. Notes shall be payable in whole or in part
on the vote of the directors of the association as such payments may be
required to meet estimated losses or expenses in excess of the current
cost and to meet claims covering losses not payable within the same
fiscal year within which the claim originated. The directors may fix
rates of interest on either notes or balances.
Assessments.
S ec . 9. If an association has not sufficient funds for the payment of
losses incurred, reserves, and expenses, it shall make an assessment
for the amount needed to pay such losses, reserves, and expenses upon
the members in proportion to their several pay rolls and rates.
investments.
S ec . 10. The funds of such association shall be invested by the
directors in the same class of securities in which the funds of insurance
companies may be lawfully invested.
By-laws and reg- S ec . 11. Such association may, subject to the approval of the inuiations.
surance commissioner, determine the premiums, contingent liabilities,
assessments, penalties, and dividends of its members and enforce or
administer the same. It may also make and amend by-laws or regu
lations, not inconsistent with its certificate of incorporation, for the
prompt, economical, and safe conduct of its affairs. All by-laws and
regulations of such association, except safety rules made under the
provisions of section seven of this act shall be filed with the insurance
commissioner and shall be subject to his approval.
Appeals to suSec. 12. An association may appeal to the supreme court from a
preme court.
decision or order of the insurance commissioner affecting such asso
ciation.
Approved April 3, 1919.

VIRGINIA,
ACTS OF 1918.
Chapter

400.— Compensation o f workmen for injuries—Industrial
commission—Insurance fund.

Section 1. This act shall be known as “ The Virginia Workmen’s
Compensation Act. ”
S ec . 2. In this act unless the context otherwise requires:
(a) “ Employers” shall include the State and any municipal cor
poration within the State or any political division thereof, and any
individual, firm, association or corporation, or the receiver or trustee of
the same, or the legal representative of a deceased employer, using the
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,
in the service of another under any contract of hire or apprenticeship,
written or implied, except one whose employment is not in the usual
course of the trade, business, occupation, or profession of the employer.
Any reference to an employee who has been injured shall, when the
employee is dead, include also his legal representatives, dependents,
and other persons to whom compensation may be payable.
(c) “ Average weekly wages” shall mean the earnings of the injured
employee in the employment in which he was working at the time of
the injury during the period of fifty-two weeks immediately preceding
the date of the injury, divided by fifty-two; but if the injured employee
lost more than seven consecutive calendar days during such period,
although not in the same week, then the earnings for the remainder of
such fifty-two weeks shall be divided by the number of weeks remaining
after the time so lost has been deducted. Where the employment
prior to the injury extended over a period of less than fifty-two weeks,
the method of dividing the earnings during that period by the number
of weeks and parts thereof during which the employees earned wages
shall be followed: Provided, Kesults fair and just to both parties will be
thereby obtained. Where by reason of a shortness of time during
which the employee has been in the employment of his employer or
the casual nature or terms of his employment, it is impracticable to
compute the average weekly wages as above defined, regard shall be
had to the average weekly amount which during the fifty-two weeks
previous to the injury was being earned by a person of the same grade
and character employed in the same class of employment in the same
locality or community.
But where for exceptional reasons the foregoing would be unfair
either to the employer or employee, such other method of computing
average weekly wages may be resorted to as will most nearly approxi
mate the amount which the injured employee would be earning were
it not for the injury.
Wherever allowances of any character made to an employee in lieu
of wages are specified part of the wage-contract, they shall be deemed
a part of his earnings.
(d) “ Injury” and “ Personal Injury” shall mean only injury by
accident arising out of and in the course of the employment and shall
not include a disease in any form, except where it results directly from
the accident.
(e) In all claims for compensation for hernia resulting from injury
by accident arising out of and in the course of the employee’s employ
ment, it must be definitely proven to the satisfaction of the “ Indus
trial Commission. ”
First: That there was an injury resulting in hernia;
Second: That the hernia appeared suddenly;
Third: That it was accompanied by pain;
Fourth: That the hernia immediately followed an accident;

Title.
Definitions.
Employers.

Employees.

Wages.

Injury.

Hernia.

957

958

w o r k m e n ’s

COMPENSATION LAWS OF THE UNITED STATES.

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
of an injury by accident arising out of and in course of the employment,
shall be treated in a surgical manner by radical operation. If death
results from such operation, the death shall be considered as a result
of the injury, and compensation paid in accordance with the provisions
of section 39. In nonfatal cases, time 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. If so, compensation shall be paid in accordance
with the provisions of section thirty-one with reference to partial dis
ability.
In case the injured employee refuses to undergo the radical opera
tion for the cure of said hernia, no compensation win be allowed during
the time such refusal continues. If, however, it is shown that the
employee has some chronic disease, or is otherwise in such physical
condition that the commission considers it unsafe for the employee to
undergo said operation, the employee shall be paid as provided in sec
tion thirty-one.
Pending litigaSec . 3. The provisions of this act shall not affect pending litigation.
Election preSec .
From an(* after the taking effect of this act, every employer
sumed.
and employee, except as herein stated, shall be presumed to have
accepted the provisions of this act respectively to pay and accept com
pensation for personal injury or death by accident arising out of and in
the course of the employment, and shall be bound thereby, unless he
shall have given prior to any accident resulting in injury or death
notice to the contrary in the manner herein provided.
Waiver of exSec. 5. Either an employer or an employee, who has exempted
emption.
himself, by proper notice, from the operation of this act, may at any
time waive such exemption and thereby accept the provisions of this
act by giving notice as herein provided.
The notice of waiver and the notice of acceptance heretofore referred
to shall be given thirty days prior to any accident resulting in injury
or death, provided that if any such accident occurred less than thirty
days after the date of employment, notice of such exemption or accept
ance given at the time of employment shall be sufficient notice thereof.
The notice shall be in writing or print in substantially the form pre
scribed by the industrial commission and 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 serving it per
sonally upon him; and shall be given by the employee by sending
the same in registered letter, addressed to the employer at his last
known residence or place of business, or by giving it personally to the
employer or any of his agents upon whom a summons in civil action
may be served under the laws of the State.
A copy of the notice in prescribed form shall also be filed with the
industrial commission.
Presumption as Sec. 6. Every contract of service between any employer and emcontracts.
pl0yee covered by this act, written or implied, now m operation or
made or implied prior to the taking effect of this act, shall, after the act
has taken effect, be presumed to continue, subject to the provisions of
this act; and every such contract made subsequent to the taking
effect of this act shall be presumed to have been made subject to the
provisions of this act; unless either party shall give notice, as provided
in section five, to the other party to such contract, that the provisions
of this act other than sections sixteen, seventeen, eighteen, and sixtyseven are not intended to apply.
A like presumption shall exist equally in the case of all minors,
unless notice of the same character be given by or to the parent or
guardian of the minor.
Waivers.
Sec. 7. No contract or agreement, written or implied, no rule, reg
ulation, or other device, shall in any manner operate to relieve any
employer in whole or in part of any obligation created by this act,
except as herein otherwise expressly provided.

TEXT OF LAWS----VIRGINIA.

959

Sec. 8. Neither the State, nor any municipal corporation within Public empioythe State nor any political subdivision thereof, nor any employee of ees’
the State or of any such corporation or subdivision shall have the
right to reject the provisions of this act relative to payment and accept
ance of compensation; and the provisions of sections 5, 6, 16, 17, and
18 shall not apply to them.
S ec . 9. This act shall not apply to any common carrier by rail- interstate comroad engaging in commerce between any of the several States or merceTerritories, or between the District of Columbia and any of 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 of such person may
have under the act of Congress relating to the liability of common car
riers by railroad"to their employees in certain cases, approved April
twenty-two, one thousand nine hundred and eight, or under the act
of the General Assembly of Virginia relating to liability of common car
riers whose motive power is steam and engaged in intrastate com
merce for injury to or death of the employees and providing for plead
ing thereof, approved March twenty-one, one thousand nine hundred
and sixteen, or under the act of the General Assembly of Virginia to
amend and reenact an act entitled an act imposing upon railroad cor
porations liability for injury to their employees in certain cases,
approved March fourteen, one thousand nine hundred and twelve.
Sec. 10. The provisions of this act shall not apply to injuries or Prior injuries,
death, nor to accidents which occurred prior to the taking effect of this
act.
Sec. 11. Every employer who accepts the compensation provisions Insurance,
of this act shall insure the payment of compensation to his 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.
Sec. 12. The rights and remedies herein granted to an employee . Remedy excluwhere he and his employer have accepted the provisions of this act sive*
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 representative, parents, dependents or
next of kin, at common law or otherwise on account of such injury,
loss of service or death.
Sec. 13. Nothing in this act shall be construed to relieve any em- V iolation oi
ployer or employee frond penalty for failure or neglect to perform any statutes*
statutory duty.
Sec . 14. No compensation shall be allowed for an injury or death injuries exdue to the employee’s willful misconduct, including intentional self- emp
inflicted injury, or growing out of his attempt to injure another, or
due to intoxication or willful failure or refusal to use a safety appliance
or perform a duty required by statute, or the willful breach of any
rule or regulation adopted by the employer and approved by the indus
trial commission, ana brought prior to the accident to the knowledge
of the employee. The burden of proof shall be upon him who claims
an exemption or forfeiture under this section.
S ec. 15. This act shall not apply to common carriers whose motive Intrastate railpower is steam and engaged in intrastate trade or commerce, nor shall r0
this act be construed to lessen the liability of such common carriers
or to take away or diminish any right that any employee, or in case
of his death, the personal representative of such employee, of such
common carrier may have, under the act of the General Assembly of Vir
ginia, relating to liability of common carriers whose motive power is
steam and engaged in intrastate commerce for injury to or death of
their employees, and providing for pleading thereof, approved March
twenty-one, one thousand nine hundred and sixteen, or under the
act of the General Assembly of Virginia, to amend and reenact an act
entitled an act imposing upon railroad corporations liability for injury
to their employees in certain cases, approved March fourteen, one

960

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 st a t e s .

thousand nine hundred and twelve, nor to casual employees, farm
laborers, and domestic servants, nor to employees of such persons,
nor to any persons, firm, or private corporation, including any public
service corporation, that has regularly in service less than eleven
operatives in the same business within this State; unless such em
ployees and their employers voluntarily elect in the manner herein
after specified to be bound by this act.
Defenses abro*
Sec. 16. An employer who elects not to operate under this act shall
gated.
not in any suit at law instituted by an employee subject to this act to
recover damages for personal injury or death by accident, be permitted
to defend any such suit at law upon any or all of the following grounds:
(a) That the employee was negligent.
(b) That the injury was caused by the negligence of a fellow em
ployee.
(c) That the employee had assumed the risk of the injury.
Suits by ©mS ec . 17. An
‘ employee who elects not to operate under this act shall,
ployees.
in any action to recover damages for personal injury or death brought
against an employer accepting the compensation provisions of this act,
proceed at common law, and the employer may avail himself of the
defenses of contributory negligence, negligence of a fellow servant, and
assumption of risk, as such defenses exist at common law.
Where
both
Sec . 18. When both the employer and employee elect not to operpartiesreject act. a^e unc[er this act, the liability of the employer shall be the same as
though he alone rejected the terms of the act, and in any suit brought
against him by such employee the employer shall not be permitted to
avail himself of any of the common law defenses cited in section seven
teen.
Voluntary set- S ec . 19. Nothing herein contained shall be construed so as to pre
tlements.
vent settlements made by and between the employee and employer,
but rather to encourage them, so long as the amount of compensation
and the time and manner of payment are in accordance with the pro
visions of this act. A copy of such settlement agreement shall be filed,
by employer, with the commission,
Employees of ^S ec . 20. (a) Where any person (in this section referred to as prin
contractors.
cipal contractor) undertakes to execute any work, which is a part of
his trade, business, or occupation or which he has contracted to per
form, ana contracts with any other person (in this section referred to
as subcontractor) for the execution oy or under the subcontractor of
the whole or any part of the work undertaken by such principal con
tractor, the principal contractor shall be liable to pay to any work
man employed in the work any compensation under this act which he
would have been liable to pay if that workman had been immediately
employed by him; and where compensation is claimed from or pro
ceedings are taken against the principal contractor, then, in the appli
cation of this act, reference to the principal contractor shall be sub
stituted for reference to the subcontractor, except that the amount of
compensation shall be calculated with reference to the earnings of the
workman under the subcontractor by whom he is immediately em
ployed.
(b) Where the principal contractor is liable to pay compensation
under this section, he shall be entitled to indemnity from any person
who would have been liable to pay compensation to the workman
independently of this section or from an intermediate contractor, and
shall have a cause of action therefor.
(c) Nothing in this section shall be construed as preventing a work
man from recovering compensation under this act from a subcontractor
instead of from the principal contractor, but he shall not collect from
both.
(d) A principal contractor when sued by a workman of a subcon
tractor shall have the right to call in that subcontractor or any inter
mediate contractor or contractors as defendant or codefendant.
Preference of S ec . 21. All rights of compensation granted by this act shall have the
claims.
the same preference or priority for the whole thereof against the assets
of the employer as.is allowed by law for any unpaid wages for labor.
Exemptions.
g Ec .22. No claim for compensation under this act shall be assignable,
and all compensation and claims therefor shall be exempt from all
claims of creditors.

TEXT OF LAWS— ‘VIRGINIA.

961

Sec. 23. Every injured employee or his representative shall imme- Notice,
diately on the occurrence of an accident or as soon thereafter as prac
ticable, give or cause to be given to the employer a written notice of
the accident, and the employee shall not be entitled to physician’s
fees nor to any compensation which may have accrued under the terms
of this act, prior to the giving of such notice; unless it can be shown that
the employer, his agent or representative, had knowledge of the acci
dent, or that the party required to give such notice had been prevented
from doing so by reason of physical or mental incapacity or the fraud or
deceit of some third person; but no compensation snail be payable
unless such written notice is given within thirty days after the occur
rence of the accident or death, unless reasonable excuse is made to the
satisfaction of the industrial commission for not giving such notice, and
the commission is satisfied that the employer has not been prejudiced
thereby.
S ec . 24. The notice provided in the foregoing section shall state in Form,
ordinary language the name and address of the employee, the time,
place, nature and cause of the accident, and of the resulting injury or
death, and shall be signed by the employee or by a person on his benalf,
or in the event of his death by any one or more of his dependents or by
a person in their behalf.
No defect or inaccuracy in the notice shall be a bar to 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 of his Service,
agents upon whom a summons in civil action may be served under the
laws of the State, or may be sent by registered letter addressed to the
employer at his last known residence or place of business.
Sec . 25. The right to compensation under this act shall be forever Claim,
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 be also filed with the commission within one
year thereafter.
Sec. 26. For a period not exceeding thirty days after an injury the Medical, etc.
employer shall furnish or cause to be furnished free of charge to tne in -service*
jured employee such necessary medical attention as the nature of the
accident may require, and the employee shall accept, and during the
whole or any part of the remainder of his disability resulting from the
injury, the employer may, at his own option, continue to furnish or
cause to be furnished, free of charge to the employee, and the employee
shall accept, an attending physician, unless otherwise ordered by the
industrial commission, ana m addition such surgical and hospital service
and supplies as may be deemed necessary by said attending physicians
or the industrial commission.
The refusal of the employee to accept such service when provided by . Rejecting servthe employer shall bar said employee from further compensation u ntilice*
such refusal ceases, and no compensation shall at any time be paid for the
period of suspension unless in the opinion of the industrial commission
the circumstances justified the refusal, in which case the industrial com
mission may order a change in the medical or hospital service.
If in an emergency on account of the employer’ s failure to provide
the medical care during the first thirty days, as herein specified, or for
other good reasons, a physician other than that provided by the em
ployer is called to treat the injured employee, during the first thirty
days, the reasonable cost of such service shall be paid by the employer
if ordered so to do by the industrial commission.
S ec . 27. The pecuniary liability of the employer for medical, surgical Costs ofservice,
and hospital service herein required when ordered by the commission
shall be limited to such charges as prevail in the same community for
similar treatment of injured persons of a like standard of living when
such treatment is paid for by the injured person, and the employer shall
not be liable in damages for malpractice by a physician or surgeon fur
nished by him pursuant to the provisions of this section, but the con
sequences of any such malpractice shall be deemed part of the injury
resulting from the accident and shall be compensated for as such.
S ec . 28. After an injury and so long as he claims compensation, the Medical examiemploy ee, if so requested by his employer, or ordered by the industrialnatlons177982°—21— Bull. 272------ 61

962

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 .

commission, shall submit himself to examination, at reasonable times
and places, by a duly qualified physician or surgeon designated and paid
by the employer or the industrial commission. The employee shall
have the right to have present at such examination any duly qualified
physician or surgeon provided and paid by him. No fact communi
cated to, or otherwise learned by any physician or surgeon who may
have attended or examined the employee, or who may have been
present at any examination, shall be privileged, either in hearings pro
vided for by this act, or any action at law brought to recover damages
against any employer who has accepted the compensation provisions of
this act. If the employee refuses to submit himself to or in any way
obstructs such examination requested by and provided for by the em
ployer, 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 of suspension unless in the opinion of the industrial commis
sion the circumstances justify the refusal or obstruction. The employer
or the industrial commission shall have the right in any case of death to
require an autopsy at the expense of the party requesting the same.
Waiting time.
Sec . 29. No compensation shall be allowed for the first fourteen calen
dar days of incapacity resulting from an injury except the benefits pro
vided tor in section twenty-six; but if incapacity extends beyond that
period compensation shall commence with the fifteenth day of disability.
Total disabilSec. 30. Where the incapacity for work resulting from the injury is
y‘
total, the employer shall pay, or cause to be paid, as hereinafter pro
vided, to the injured employee during such total incapacity a weekly
compensation equal to one-half his average weekly wages, but not more
than ten dollars, nor less than five dollars a week; and in no case shall
the period covered by such compensation be greater than five hundred
weeks, nor shall the total amount of all compensation exceed four thou
sand dollars.
Partial disabilSec. 31. Except as otherwise provided in the next section hereafter,
y’
where 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 which he is able to earn thereafter,
but not more than ten dollars a week, and in no case shall the period
covered by such compensation be greater than three hundred weeks
from the date of the injury. In case the partial incapacity begins after
a period of 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 following schedule, the incapacity
in each case shall be deqpied to continue for the period specified, and
the compensation so paid for such injury shall be as specified therein,
and shall be in lieu oi all other compensation, to-wit:
(a) For the loss of a thumb, fifty per centum of the average weekly
wages during sixty Weeks.

(b) For the loss of a first finger, commonly called the index finger,
fifty per centum of the average weekly wages during thirty-five weeks.
(c) For the loss of a second finger, fifty per centum of average Weekly
wages during thirty Weeks.
(d) For the loss of a third finger, fifty per centum of average weekly
Wages during twenty weeks.
(e) For the loss of a fourth finger, commonly called the little finger,
fifty per centum of average weekly wages during fifteen weeks.
(f) The loss of the first phalange of the thumb or any finger shall be
considered to be equal to the loss of one-half of such thumb or finger,
and the compensation shall be for one-half of the periods of time above
specified.
(g) The loss of more than one phalange shall be considered the loss
of the entire finder or thumb: Provided, however, That in no case shall
the amount received for more than one finger exceed the amount pro
vided in this schedule for the loss of a hand.
(h) For the loss of a great toe, fifty per centum of the average weekly
wages during thirty weeks.
(j) For the loss of one of the toes other than a great toe, fifty per
centum of average weekly wages during ten weeks.

TEXT OF LAWS— VIRGINIA.

963

(k) The loss of the first phalange of any toe shall be considered to be
equal to the loss of one-half of such toe, and the compensation shall be
for one-half of the periods of time above specified.
‘'(I) The loss of more than one phalange shall be considered as the
loss of the entire toe.
(m) For the loss of a hand, fifty per centum of the average Weekly
Wages during one hundred and fifty weeks.
(n) For the loss of an arm, fifty per centum of average weekly wages
during two hundred weeks.
(o)
For the loss of a foot, fifty per centum of average Weekly wages
during one hundred and twenty-five weeks.
(p) For the loss of a leg, fifty per centum of average Weekly wages
during one hundred and seventy-five weeks.
(q) For the loss of an eye, fifty per centum of the average weekly
wages during one hundred Weeks.
(r) The loss of both hands, or both arms, or both feet, or both legs,
or both eyes, or any two thereof, shall constitute total and permanent
incapacity, to be compensated according to the provisions of section
thirty.
The weekly compensation payments referred to in this section shall
all be subject to the same limitations as to maximum and minimum as
set out in section thirty.
Sec . 33. If an injured employee refuses employment procured for Refusing emhim suitable to his capacity he shall not be entitled to any compensa- Ployment
tion at any time during the continuance of such refusal, unless in the
opinion of the Industrial Commission such refusal was justified.
Sec . 34. If an employee has a permanent disability or has sustained Secondinjuries,
a permanent injury in service in the Army or Navy of the United
States or in another employment than that in which he received a sub
sequent permanent injury by accident, such as specified in section
thirty-two, he shall be entitled to compensation only for the degree
of incapacity that would have resulted from the later accident if the
earlier disability or injury had not existed.
Sec. 35. If an employee received an injury for which compensation No double benis payable while he is still receiving or entitled to compensation for a
previous injury in the same employment, he shall not at the same time
be entitled to compensation for both injuries, unless the later injury
be a permanent injury, such as specified in section thirty-two; but he
shall be entitled to compensation for that injury and from the time of
of that injury which will cover the longest period and the largest
amount payable under this act.
Sec . 36. If an employee receives a permanent injury as specified in . Second maimsection thirty-two, after having sustained another permanent injuryings*
in the same employment, he shall be entitled to compensation for both
injuries, but the total compensation shall be paid by extending the
period and not by increasing the amount of weekly compensation, and
in no case exceeding five hundred weeks.
When the previous and subsequent permanent injuries received in
the same employment result in total disability compensation shall be
payable for permanent total disability, but payments made for the
previous injury shall be deducted from the total payment of compen
sation due.
S ec . 37. (a) Where* an accident happens while the employee is Injuries outside
employed elsewhere than in this State, which would entitle him or his
dependents to compensation if it had happened in this State, the em
ployee or his dependents shall be entitled to compensation, if the con
tract of employment was made in this State; if the employer’s place
of business is in this State; and if the residence of the employee is in
this State: Provided, His contract of employment was not expressly
for service exclusively outside of the State.
(b)
Provided, however, If an employee shall receive compensation or
damages under the laws of any other State, nothing herein contained
shall be construed so as to permit a total compensation for the same
injury greater than is provided for in this act.
S e c . 38. When an employee receives or is entitled to compensation D e a t h from
under this act, for an injury covered by section thirty-two, and dies otner cause,
from any other cause than the injury for which he was entitled to com-

964

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 .

pensation, payment of the unpaid balance of compensation shall be
made to his next kin dependent upon him for support, in lieu of the
compensation the employee would nave been entitled to had he lived.
Death from inSec . 39. If the death results from the accident within six years, the
jury'
employer shall pay or cause to be paid, subject, however, to the pro
visions of the other sections of this act, in one of the methods herein
after provided, to the dependents of the employee, wholly dependent
upon his earnings for support at the time of accident, a Weekly pay
ment equal to one-half his average weekly wages, but not more than
ten dollars nor less than five dollars a week for a period of three hun
dred weeks from the date of the injury, and bunal expenses not ex
ceeding one hundred dollars. If the employee leaves dependents
only partly dependent upon his earnings for support at the time of the
injury, the weekly compensation to be paid as aforesaid, shall equal
the same proportion of the Weekly payments for the benefit of persons
wholly dependent as the amount contributed by the employee to such
partial dependents bears to the annual earnings of the deceased at the
time of his injury. When Weekly payments have been made to an
injured employee before his death the compensation to dependents
shall begin from the date of the last of such payments, but shall not
continue more than three hundred weeks from the date of the injury.
Alien beneficia- If the employee does not leave dependents, citizens of and residing at
1108*
the time of the accident in the United States or the Dominion of Canada,
the amount of compensation shall not in any case exceed $1,000.
Dependents.
Sec. 40. The following persons shall be conclusively presumed to
be the next of kin wholly dependent for support upon the deceased
employee:
(a) A wife upon a husband whom she had not voluntarily deserted
or abandoned at the time of the accident.
(b) A husband upon a wife with whom he lived at the time of her
accident if he is then incapable of self-support and actually dependent
upon her.
(c) A boy under the age of eighteen, [sic] or a girl under the age of
eighteen, upon.a parent. If 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 children,
acknowledged illegitimate children, but shall not include married
children; the term “ parent” shall include stepparents and parents
by adoption. In all other cases questions of dependency, in whole
or in part, shall be determined in accordance with the facts as the facts
may be at the time of the accident; but no allowance shall be made
for any payment made in lieu of board and lodging or services, and no
compensation shall be allowed, unless the dependency existed for a
period of three months or more prior to the accident; if there is more
than one person wholly dependent, the death benefit shall be divided
among them; and persons partly dependent, if any, shall receive no
part thereof; if there is no one wholly dependent and more than one
person partially dependent, the death benefit shall be divided among
them according to the relative extent of their dependency.
Remarriage.
For the purpose of this act, the dependence of a widow or widower
of a deceased employee shall terminate with legal or common-law
remarriage, and the amount to be received by him or her shall be
divided among the children or other dependents in the proportion in
which they are receiving compensation, and the dependence of a
child, except a child physically or mentally incapacitated from earn
ing a livelihood, shall terminate with the attainment of eighteen years
of age.
No dependents.
S ec . 41. If the deceased employee leaves no dependents, the em
ployer shall pay the burial expenses of the deceased, not to exceed
one hundred dollars ($100).
Maximum ben- S ec . 42. The total compensation payable under this act shall in no
case exceed four thousand dollars ($4,000).
Advance paySec. 43. Any payments made by the employer to the injured emments.
ployee during the period of his disability, or to his dependents, which
by the terms of this act were not due and payable when made, may,

TEXT OF LAWS— VIRGINIA.

965

subject to the approval of the industrial commission, be deducted from
the amount to be paid as compensation: Provided, that in the case of
disability such deductions shall be made by shortening the period
during which compensation must be paid and not by reducing the
amount of the weekly payment.
Sec. 44. The industrial commission, upon application of either Times of P»yparty, may, in its discretion, having regard to the welfare of the em- ment*
ployee and the convenience of the employer, authorize compensation
to be paid monthly or quarterly instead of weekly.
Sec. 45. Whenever any weekly payment has been continued for L u m p - s u m
not less than twenty-six weeks the liability therefor may in unusual Paymentscases, where the parties agree and the industrial commission deems it
to be to the best interests of the employee or his dependents, or where
it will prevent undue hardships on the employer, or his insurance
carrier, without prejudicing the interests of the employee or his depend
ents, be redeemed, in whole or in part, by the payment, by the em
ployer, of a lump sum which shall be fixed by the commission, but in
no case to exceed the commutable value of the future installments
which may be due under this act. The commission, however, in its
discretion, may at any time in the case of a minor who has received
permanently disabling injuries, either partial or total, provide that
he be compensated in whole or in part by the payment of a lump sum,
the amount of which shall be fixed by the commission, but in no case
to exceed the commutable value of the future installments which may
be due under this act.
S ec . 46. Whenever the industrial commission deems it expedient Payments in
any lump sum subject to the provisions of the foregoing section shalltr
be paid by the employer to some suitable person or corporation ap
pointed by the circuit or corporation court in the county or city where
in the accident occurred, as trustee, to administer the same for the
benefit of the person entitled thereto in the manner provided by the
commission. The receipt of such trustee for the amount as paid shall
discharge the employer or any one else who is liable therefor.
Sec. 47. Upon its own motion before judicial determination or upon Review
of
the application of any party in interest on the ground of a change in aw s>
condition, the industrial commission may at any time review any
award and on such review may make an award ending, diminishing,
or increasing the compensation previously awarded, subject to the
maximum or minimum provided in this act, and shall immediately
send to the parties a copy of the award. No such review shall affect
such award as regards any moneys paid.
Sec. 48. (a) Whenever payment of compenastion is made to a widow Receipts,
or widower for her or his use, or for her or his use and the use of the child
or children, the written receipt thereof of such widow or widower shall
acquit the employer.
(b) Whenever payment is made of any person eighteen years of age
or over, the written receipt of such person shall acquit the employer.
In case where an infant or minor under the age of eighteen years shall
be entitled to receive a sum or sums amounting in the aggregate to not
more than three hundred dollars as compensation for injuries, or as a
distributive share by virtue of this act, the father, mother, or natural
guardian upon whom such infant or minor shall be dependent for sup
port, shall be authorized and empowered to receive and receipt for
such moneys to the same extent as a guardian of the person and property
of such infant or minor duly appointed by proper court, and the release
or discharge of such father, mother, or natural guardian shall be full
and complete discharge of all claims or demands of such infant or minor
thereunder.
(c) Whenever payment of over three hundred dollars is made to a Payments to
minor under eighteen years of age, or to a dependent child over the minorsage of eighteen years of age, the same shall be made to some suitable
person or corporation appointed by the circuit or corporation court as
a trustee, and the receipt of such trustee shall acquit the employer.
(d) Payment ol death benefits by an employer in good faith to a Subsequent dedependenc subsequent in right to another or other dependents shall p ents<
protect and discharge the employer unless and until such dependent
dependents prior in right shall have given him notice of his or their

966

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claim. In case the employer is in doubt as to the respective rights of
rival claimants, he may apply to the industrial commission to decide
between them.
Incompetents.
S e c . 49. If an injured employee is mentally incompetent or is under
eighteen years of age at the time when any right or privilege accrues
to him under this act, his guardian, trustee or committee may in his
behalf claim and exercise such right or privilege.
Limitations.
Sec. 50. No limitation of time provided in this act for the giving of
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, trustee, or committee.
Joint employ
Sec. 51. Whenever any employee for whose injury or death com
ment.
pensation is payable under this act shall at the time of 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 employee: Provided, how
ever, That nothing in this section shall prevent any reasonable arrange
ment between such employers for a different distribution as between
themselves of the ultimate burden of compensation.
Industrial com Sec. 52. There is hereby created a commission which shall be known
mission.
as the Industrial Commission of Virginia, which shall consist of three
members to be appointed by the governor. One of the members of
this commission shall be appointed for a term of two years, one
member for a term of four years, and one member for a term of
six years, and thereafter each member shall be appointed for a term
of six years. Not more than one member of said commission 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 such appointee shall be a person who, on account of
his previous vocation, employment, or affiliation shall be classed as a
representative of employees.* The commission thus composed shall
elect one of its number chairman. Each member of said commission
shall devote his entire time to the duties of his office, and shall not hold
any position of trust or profit, or engage in any occupation or business
interfering or inconsistent with his duties as such member.
Salary.
Sec. 53. (a) The salary of each member of the commission shall be
thirty-six hundred dollars a year, payable in the same manner as the
salaries of other State officers are paid. The commission may appoint
a secretary at a salary of not more than two thousand dollars a year, and
may remove him.
Assistants.
(b) The commission may also, subject to the approval of the governor,
employ such clerical or other assistants as it mav deem necessary, and
fix the compensation of all persons so employed.
Traveling ex (c) The members of the commission and its assistants shall be enti
penses.
tled to receive from the State their actual and necessary expenses while
traveling on the business of the commission, but such expenses shall be
sworn to by the persons who incurred the* same and shall be approved
by the chairman of the commission before payment is made.
Expenditures.
(d) All salaries and expenses of the commission shall be audited and
paid out of the State treasury in the manner prescribed for similar ex
penses in other departments or branches of the State service.
Offices.
Sec. 54. (a) The commission shall be provided with adequate offices
in the capitol or some other suitable biulding in the city of Richmond,
in which the records shall be kept and its official business transacted
during regular business hours; it shall also be provided with necessary
office furniture, stationery, and other supplies.
Deputies.
(b) The commission may appoint deputies who shall have the power
to subpoena witnesses ana administer oaths, and who may take testi
mony in such cases as the commission may deem proper. v Such testi
mony shall be transmitted in writing to the commission, and the com
mission, 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.
Rules, proce Sec. 55. (a) The commission may make rules, not inconsistent with
dure, etc.
this act, for carrying out the provisions of this act. Processes and pro
cedure under this act shall be as summary and simple as reasonably may
be. The commission or any member thereof or any person deputized
by it shall have the power for the purpose of this act to subpoena wit-

TEXT OF LAWS— VIRGINIA,

967

nesses, administer or cause to have administered oaths, and to examine
or cause to be examined such parts of the books and records of the par
ties to a proceeding as relate to questions in dispute.
(b) The county sheriff, or city or town sergeant or sheriff, and their
respective deputies, shall serve all subpoenas of the commission or its
deputies and shall receive the same fees as are now provided by law
for like civil actions; each witness who appears in obedience to such
subpoena of the commission shall receive for attendance the fees and
mileage for witnesses in civil cases in courts.
(c) The circuit or corporation court shall, on application of the com
mission or any member or deputy thereof, enforce by proper proceed
ings the attendance and testimony of witnesses and the production and
examination of books, papers, and records.
S e c . 56. The commission shall prepare and cause to be printed, and Blanks, etc.
upon request furnish free of charge to any employee or employer such
blank forms and literature as it shall deem requisite to facilitate or pro
mote the efficient administration of this act.
The commission shall tabulate the accident reports received from Accident r<
employers in accordance with section sixty-seven, and shall publishp s*
the same in the annual report of the commission and as often as it may
deem advisable, in such detailed or aggregate form as it may deem best.
The name of the employer or employee shall not appear in such publi
cations and the employer’s reports themselves shall be private records
of the commission, and shall not be open for public inspection except
for the inspection of the parties directly involved, and only to the ex
tent of 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 of damages.
Sec. 57. If after fourteen days from the date of the injury or at any Agreements,
time in case of death, the employer and the injured employee or his
dependents reach an agreement in regard to compensation under this
act, a memorandum of the agreement in the form prescribed by the in
dustrial commission shall be filed with the commission; otherwise such
agreement shall be voidable by the employee or his .dependents.
If approved by the commission, thereupon the memorandum shall
for all purposes be enforceable by the court’s decree as hereinafter
specified.
S e c . 58 . If the employer and the injured employee or his dependents Disputes,
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 commisison and compensation has been paid or is due in
accordance therewith, and the parties thereto then disagree as to the
continuance of any weekly payment under such agreement, either
party may make application to the industrial commission for a hearing
in regard to the matters at issue and for a ruling thereon.
Immediately after such application has been received the commis
sion shall set the date for a hearing, which shall be held as soon as prac
ticable, and shall notify the parties at issue of the time and place of such
hearing. The hearing shall be held in the citv or county where the in
jury occurred, unless otherwise agreed to by the parties and authorized
by the industrial commission.
S ec . 59. The commission or any of its members shall hear the parties Hearings,
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, rulings of law 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 in 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.
Sec. 60. If an application for review is made to the commission with- Review,
in seven days from the date of the award, the full commission, if the
first hearing was not held before the full commission, shall review the
evidence, or, if deemed advisable, as soon as practicable, hear the par
ties at issue, their representatives and witnesses and shall make an
award and file the same in like manner as specified in the foregoing
section.

968

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 .

Appeals.

s Ec. 61. The award of the commission, as provided in section fiftynine, if not reviewed in due time, or an award of the commission upon
such review, as provided in section sixty, shall be conclusive and bind
ing as to all questions of fact; but either party to the dispute may within
thirty days from the date of such award, or within thirty days after re
ceipt of notice to be sent by registered mail, of such award but not there
after, appeal from the decision of said commission to the circuit court
of the county or corporation court of the city in which the alleged acci
dent happened or in which the employer resides or has his principal
office; or if the cause be in the city of Richmond, then to the circuit or
law and equity court of said city; the form and manner of said appeal
shall be prescribed by the Supreme Court of Appeals of Virginia
within thirty days after this act takes effect. The judge shall near
and determine the case within thirty days after the granting of
the appeal if court be in session, and if court be not in session
the judge granting such appeal shall hear and determine the case
within thirty days after the beginning of the ensuing term. The
commission, of its own motion, may certify questions of law to the
supreme court of appeals for decision and determination by the said
court. In case of an appeal from the decision of the commission,
or of a certification by said commission of questions of law, to the su
preme court of appeals, said appeal or certification shall operate as a
supersedeas, and no employer shall be required to make payment of
the award involved in said appeal or certification until the questions at
issue therein shall have been fully determined in accordance with the
provisions of this act.
Enforcement.
S e c . 62. Any party in interest may file in the circuit or corporation
court of the county or city in which the injury occurred,or if it be in the
city of Richmond, then in the circuit or law and equity court o fsaid
city, a certified copy of a memorandum of agreement approved by the
commission, or of an order or decision of the commission, or of an award
of the commission unappealed from, or of 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.
Costs.
S e c . 63. If the industrial commission or any court before whom any
proceedings are brought under this act shall determine that such pro
ceedings have been brought, prosecuted, or defended without reason
able ground, it may assess the whole cost of the proceedings upon the
party who has brought or defended them.
Medical examigEC. 64. The commission or any member thereof may, upon the
nations.
application of either party or upon its own ‘motion, appoint a disin
terested 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 addi
tional reasonable amounts in extraordinary cases.
The fees and expenses of such physician or surgeon shall be paid by
4
the State.
Fees.
S e c . 65. Fees of attorneys and physicians and charges of hospitals
for services under this act shall be subject to the approval of the com
mission.
Powers of comS e c . 6 6 . All questions arising under this act, if not settled by agreemission.
ments of the parties interested therein, with the approval of the com
mission, shall be determined by the commission, except as otherwise
herein provided.
Records of inS e c . 67. (a) Every employer shall hereafter keep a record of all
•unes.
injuries, fatal or otherwise, received by his employees in the course of
their employment, on blanks approved by the commission. Within
ten days after the occurrence and knowledge thereof, as provided in
Reports.
section twenty-three, of an injury to an employee causing his absence
from work for more than seven days, a report thereof shall be made in
writing and mailed to the industrial commission on blanks to be pro
cured from the commission for this purpose.

TEXT OF LAWS— VIRGINIA.

969

(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 commission of their interest in such records
and the right to inspect them.
(c) Upon the termination of the disability of the injured employee,
or if the disability extends beyond a period of sixty days, then also
at the expiration of such period, the employer shall make a supple
mentary 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 information as may be required by the commission.
(e) Any employer who refuses or neglects to make the report required
by this section shall be liable for a penalty of not more than twentyfive dollars for each refusal or neglect, to be recoverable in any court
of competent jurisdiction in a suit by the commission.
Sec. 68. Every employer who accepts the provisions of this act Insurance,
relative to the payment pf compensation shall insure and keep insured
his liability thereunder in some corporation, association, organization,
or State insurance fund authorized to transact the business of work
men’s compensation insurance in this State, or in some mutual insur
ance association formed by a group of employers so authorized, or
shall furnish to the industrial 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 accept
able security, indemnity, or bond to secure the payment of compen
sation liabilities as they are incurred: Provided, That it shall be satis
factory proof of the employer’s financial ability to pay direct the com
pensation in the amount and manner when due, as provided for in this
act, and acceptable security, indemnity, or bond to secure the pay
ment of compensation liabilities as they are incurred, if the employer
shall show to the industrial commission that he is a member of an asso
ciation or group of employers and as such is exchanging contracts of
insurance with the employers of this and other States, through a medium
as specified and located in their agreements between each other, and
shall further file with said industrial commission a certificate of author
ity issued by the insurance department of any State to said group of
employers or association, together with a sworn financial statement
showing said group of employers or association to be in solvent condi
tion, but this proviso shall in no wise restrict or qualify the right of selfinsurance as hereinbefore authorized.
Sec. 69. (a) Every employer accepting the compensation provi- Evidence to be
sions of this act shall within thirty days after this act takes effect file
*
with the commission in form prescribed by it, and thereafter annually
or as often as may be necessary, evidence of his compliance with the
provisions of section sixty-eight and all others relating thereto.
(b) If such employer refuses and neglects to comply with these pro
visions he shall be punished by a fine of ten cents for each employee at
the time of the insurance becoming due, but not less than one dollar
nor more than fifty dollars for each day of such refusal or neglect, and
until same ceases, and he shall be liable during continuance of such
refusal or neglect to an employee either for compensation under this
act or at law in the same manner as provided in section sixteen.
Sec. 70. Whenever an employee has complied with the provisions of Certificate as to
section sixty-eight, relating to self-insurance, the industrial commissurance*
sion shall issue to such employer a certificate which shall remain in
force for a period fixed by the commission, but the commission may
upon at least sixty days’ notice and hearing to the employer revoke
the certificate upon satisfactory evidence of such revocation having
been presented. At any time after such revocation the commission
may grant a new certificate to the employer upon his petition.
Sec. 71. (a) Subject to the approval of the industrial commission Substitute sysany employer may enter into or continue any agreement with his em -tems*
ployees to provide a system of compensation, benefit, or insurance in

970

w o r k m e n ’s c o m p e n s a tio n la w s o f t h e u n it e d s ta te s .

lieu of the compensation and insurance provided b y this act. No such
substitute system shall be approved unless it confers benefits upon
injured employees at least equivalent to the benefits provided b y this
act, nor if it requires contributions from the employees unless it confers
benefits in addition to those provided under this act at least commensu
rate with such contribution.
(b) Such substitute system maybe terminated by the industrial com
mission on reasonable notice and hearing to the interested parties if it
shall appear that the same is not fairly administered or if its operation
shall disclose 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 circuit or corporation court of the county or city
wherein the principal office or chief place of business of the employer
is located.
P rovisions o/
S e c . 72. All policies insuring the payment of compensation under
policies.
this act must contain a clause to the effect that as between the em
ployer and the insurer the notice to or knowledge of the occurrence of
Notice.
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; that
Jurisdiction,
jurisdiction of the insured for the purposes of this act shall be jurisdic
tion of the insurer; and that the insurer shall in all things be bound by
and subject to the awards, judgments, or decrees rendered against such
insured employer.
Direct liability.
S e c . 73. No policy of insurance against liability arising under this
act shall be issued unless it contains the agreement of the insurer that
it will promptly pay to the person entitled to same all benefits con
ferred 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 to the person
entitled to compensation enforceable in his name.
Policies subject Sec. 74. (a) Every policy for the insurance of the compensation
to act.
herein provided, or against liability therefor, shall be deemed to be
made subject to the provisions of this act. No corporation, association,
or organization shall enter into any such policy of insurance unless its
form shall have been approved by the industrial commission.
(b) This act shall not apply to policies of insurance against loss from
explosion of boilers or fly wheels or other similar single catastrophe
hazards.
Rates.
S e c . 75. (a) The rates charged by all cariiers of insurance, including
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 for the same kind and degree of hazards, shall be written
at the same rate by the same carrier. No policy of insurance against
liability for compensation under this act shall be valid until the rate
thereof has been approved by the commissioner of insurance, nor shall
any such carrier of insurance write any such policy or contract until its
basic and merit rating schedules have been filed with, approved and
not subsequently disapproved by the commissioner of insurance.
(b) Each such insurance carrier shall report to the commissioner of in
surance in accordance with such reasonable rules as the commissioner
of insurance may at any time prescribe, for the purpose of determining
the solvency of the carrier, and the adequacy of its rates; for such pur
pose the commissioner of insurance may inspect the books and records of
such insurance carrier, and examine its agents, officers, and directors
under oath.
Administrative (c) For the purpose of paying the salaries and necessary expenses of
the commission and its assistants and employees in administering and
carrying out the provisions of this act an administrative fund shall be
created and maintained in the following manner:
Every person, partnership, association, corporation, whether organized
under the laws of this or any other State or country, company, mutual
company or association, the parties to any interindemnity contract

TEXT OF LAWS— VIRGINIA,

971

or reciprocal plan or scheme, and every other insurance carrier, in
suring employers in this State against liability for personal injuries to
their employees, or death caused thereby, under the provisions of this
act, shall, as hereinafter provided, pay a tax upon the premiums re
ceived, whether in cash or notes, in this State or on account of business
done in this State, for such insurance in this State, at the rate of four
per cent of the amount of such premium, which tax shall be in lieu of
all other taxes on such premiums, which tax shall be assessed and
collected as hereinafter provided: Provided, however, That such in
surance carriers shall be credited with all canceled or returned pre
miums, actually refunded during the year on such insurance, and with
premiums on reinsurance with companies authorized and licensed to
transact business in Virginia, which reinsurance shall be reported by
the reinsurer; but no credit shall be allowed for reinsurance in com
panies not licensed to transact business in Virginia.
(d) Every such insurance carrier shall, for the six months ending Returns b y in June thirtieth, one thousand nine hundred and nineteen, for the twelve surance camera,
months ending December thirty-first, one thousnad nine hundred and
nineteen, and annually thereafter, make a return verified by the affi
davit of its president and secretary, or other chief officers or agents, to
commissioner of insurance, stating the amount of all such premiums and
credits during the period covered by such return. Every insurance
carrier required to make such return shall file the same with the com
missioner of insurance within thirty days after the close of the period
covered thereby and shall at the same time pay into the State treasury
a tax of four dollars on each one hundred dollars of such premium
ascertained as provided in subsection (c) hereof, less returned premiums
on canceled policies and reinsurance with other companies licensed to
transact business in this State. Upon receiving such payments the
State treasurer shall place the whole thereof to the credit of the fund
for the administration of this act, and shall pay same out on the manner
provided by section seventy-eight hereof.
(e) If any such insurance carrier shall fail or refuse to make the
return required by this act, the said commissioner of insurance shall
assess the tax against such insurance carrier at the rate herein provided
for, on such amount of premiums as he may deem just, and the pro
ceedings thereon shall be the same as if the return had been made.
(f) If any such insurance carrier shall withdraw from business in W it h d r a w i n g
this State before the tax shall fall due, as herein provided, or shall fail
or neglect to pay such tax, the commissioner of insurance shall at once
proceed to collect the same, and he is hereby empowered and author
ized to employ such legal process as may be necessary for that purpose,
and when so collected he shall pay the same into the State treasury.
The suit may be brought by the commissioner of insurance, in his
official capacity, in any court of this State haying jurisdiction; reason
able attorneys’ fees may be taxed as costs therein, and process may issue
to any county of the State, and may be served as in civil actions, or in
case of unincorporated associations, partnerships, interindemnity,
contracts [sic] or other plan or scheme, upon any agent of the parties
thereto upon whom process may be served under the laws of this State.
(g) Any person or persons who shall in this State act or assume to act O f f e n s e s
as agent for any such insurance carrier whose authority to do business aSents*
in this State has been suspended, while such suspension remains in
force, or shall neglect or refuse to comply with any of the provisions of
this section obligatory upon such persons or party, or who shall willfully
make a false or fradulent statement of the business or condition of any
such insurance carrier or false or fradulent return as herein provided,
shall be deemed guilty of a misdemeanor, and upon conviction shall be
punished by a fine of not less than one hundred dollars nor more than
one thousand dollars, or by imprisonment for not less than ten or more
than ninety days, or both such fine and imprisonment, in the dis
cretion of the jury.
(h) Whenever by this act or the terms of any policy contract any Notice,
officer is required to give any notice to an insurance carrier, the same
may be given by delivery, or by mailing by registered letter properly
addressed and stamped, to the principal office or chief agent of such

972

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 .

insurance carrier within this State, or to its home office, or to the
secretary, general agent, or chief officer thereof in the United States.
Single tax.
(i) Any insurance carrier liable to pay a tax upon premiums under
this act shall not be liable to pay any other or further tax upon such
premiums, or on account thereof , under any other law of this State.
Reports of self- (j) Every employer carrying his own risk under the provisions of secmsurers.
tion sixty-eight, shall under oath, report to the board his payroll, subject
to the provisions of this act. Such report shall be made in form pres
cribed by the commission and at the times herein provided for pre
mium reports by insurer. The commissioner shall assess against such
pay roll a maintenance fund tax computed by taking four per cent
of the basic premiums chargeable against the same or most similar
industry or business, taken from the manual insurance rate for com
pensation then in force in this State.
Overdrafts.
(k) The commission shall not be authorized to incur expenses or
indebtedness during any period, chargeable against the mamtenance
fund, in excess of the premium tax payable to such fund for the same
period. If it be ascertained that the tax collected for a given period
exceeds the total chargeable against the maintenance fund under the
provisions of this act, the commission may authorize a corresponding
credit upon collections for the succeeding period.
Provisions sev- S e c . 76. If any section of the provisions of this act be decided by
erable.
the courts to be unconstitutional or invalid, the same shall not affect
the validity of this act as a whole or any part thereof other than the
part so decided to be unconstitutional or invalid.
Appropriation.
Sec. 77. For the purpose of paying salaries and expenses of the com
mission and its necessary employees in making preparations and putting
this act into operation the sum of ten thousand dollars is hereby ap
propriated, payable out of any funds in the State treasury, not other
wise appropriated. All claims for salaries or expenses, when approved
by resolution of the board, and countersigned by the chairman thereof,
shall be presented to the auditor of public accounts, who shall issue his
warrant in payment thereof. All such claims shall show to whom and
for what service, material, or other things or reason such amounts are
to be paid and shall be accompanied by voucher, checks, or receipts
covering the same, except as to items of less than one dollar.
The ten thousand dollars appropriated above herein shall be repaid
to the State out of the special funds raised under this act when and as
a sum sufficient therefor is available hereunder.
Act in effect.
s EC> 78. This act, except as prescribed in section fifty-two, shall
become effective January the first, nineteen hundred and nineteen,
and section fifty-two shall become effective October first, nineteen
hundred and eighteen.
Repeal.
SEC. 79. All acts and parts of acts inconsistent with any provisions of
this act are hereby repealed.
Became a law March 21, 1918, over the governor’s veto.

W ASHINGTON.
REMINGTON

& BALLINGER’ S ANNOTATED CODES AND
STATUTES— 1915.

COMPENSATION OF W O R K M EN FOR INJURIES— STATE INSURANCE FU N D.
S e c t i o n 6604-1. The common law system governing the remedy of
Grounds of law.
workmen against employers for injuries received in hazardous work
is inconsistent with modem industrial conditions. In practice it
proves to be economically unwise and unfair. Its administration
has produced the result that little of the cost of the employer has
reached the workman and that little only at large expense to the pub
lic. The remedy of the workman has been uncertain, slow and inade
quate. Injuries in such works, formerly occasional, have become
frequent and inevitable. The welfare of the State depends upon its in
dustries, and even more upon the welfare of its wage-worker. The
State of Washington, therefore, exercising herein its police and sov
ereign power, declares that all phases of the premises are withdrawn
from private controversy, and sure and certain relief for workmen,
injured in extrahazardous work, and their families and dependents is
hereby provided regardless of questions of fault and to the exclusion
of every other remedy, proceedings or compensation, except as S u i t s abolotherwise provided in this act; and to that end all civil actions and civil ished.
causes of action for such personal injuries and all jurisdiction of the
courts of the State over such causes are hereby abolished, except as in
this act provided.
S e c . 6604-2 (as amended by ch. 131, acts of 1919).
There is a Extra hazardhazard in all employment, but certain employments have come to ous worksbe, and to be recognized as being, inherently constantly dangerous.
This act is intended to apply to all such inherently hazardous works
and occupations, and it is the purpose to embrace all of them,
which are within the legislative jurisdiction of the State, in the follow
ing enumeration, and they are intended to be embraced within the
term ‘ ‘ extrahazardous ” wherever used in this act, to wit:
Factories, mills, and workshops where machinery is used; printing
electrotyping, photo-engraving and stereotyping plants where machin-,
ery is used; foundries, blast furnaces, mines, wells, gas works, water
works, reduction works, breweries, elevators, wharves, docks, dredges,
smelters, powder works; laundries operated by power; quarries; engi
neering works; logging, lumbering, and shipbuilding operations; log
ging, street, and interurban railroads; buildings being constructed,
repaired, moved, or demolished; telegraph, telephone, electric light
or power plants or lines, steam heating or power plants, steamboats,
tugs, ferries, and railroads. If there be or arise any extrahazardous
occupation or work other than those hereinabove enumerated, it shall
come under this act, and its rate of contribution to the accident fund
hereinafter established shall be, until fixed by legislation, determined
by the department hereinafter created, upon the basis of the relation
which the risk involved bears to the risks classified in section 4.
The commission shall have power, after hearing had upon its own
motion or upon the application of any party interested, to declare any
such extrahazardous occupation or work to be under this act. The
commission shall fix the time and place of such hearing, and shall
cause notice thereof to be published once at least ten days before the
hearing in at least one daily newspaper of general circulation, pub
lished and circulated in each city of the first class in this State. No
defects or inaccuracy in such notice or in the publication thereof
shall invalidate any order issued by the commission after hearing had.
Any person affected shall have the right to appear and be heard at any
such hearing. Any order, finding, or decision of the commission
made and entered under the foregoing provisions of 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.

974

WORKMEN*S COMPENSATION LAWS OF THE UNITED STATES.

S e c . 6604-3 (as amended by ch. 131, acts of 1919). In the sense
of this act words employed mean as here stated, to wit: Factories mean
undertakings in which the business of working at commodities is car
ried on with power-driven machinery, either in manufacture, repair,
or change, and shall include the premises, yard, and plant of the
concern.
Workshop means any plant, yard, premises, room, or place wherein
po vver-driven machinery is employed and manual labor is exercised
by way of trade for gain or otherwise in or incidental to the process of
making, altering, repairing, printing, or ornamenting, finishing or
adapting for sale or otherwise any article or part of article, machine or
thing, over which premises, room, or place the employer of the person
working therein has the right of access or control.
Mill means any plant, premises, room, or place wherein machinery
is used, any process of machinery, changing, altering or repairing any
article or commodity for sale or otherwise, together with the yards
and premises which are a part of the plant, including elevators, ware
houses, and bunkers.
Mine means any mine where coal, clay, ore, mineral, gypsum, or
rock is dug or mined underground.
Quarry means an open cut from which coal is mined, or clay, ore,
mineral, gypsum, sand, gravel, or rock is cut or taken for manufactur
ing, building, or construction purposes.
Engineering work means any work of construction, improvement,
or alteration or repair of buildings, structures, streets, highways,
sewers, street railways, railroads, logging roads, interurban railroads,
harbors, docks, canals; electric, steam, or water power plants, tele
graph and telephone plants and lines, electric light or power lines; and
includes any other works for the construction, alteration, or repair of
which machinery driven by mechanical power is used.
Except when otherwise expressly stated, employer means any per
son, body of persons, corporate or otherwise, and the legal personal
representatives of a deceased employer, all while engaged in this State
in any extrahazardous work.
Workman means every person in this State who is engaged in the
employment of an employer coming under this act, whether by way
of manual labor or otherwise,' and whether upon the premises or at the
Certain injuries plant, or, he being in the course of his employment, away from the plant
oremployer.Plant
employer: Provided, however, That if the injury to a workman
occurring away from the plant of his employer is due to the negligence
or wrong of another not in the same employ, the injured workman; or
if the death result from the injury, his widow, children, or dependents,
as the case may be, shall elect whether to take under this act or seek a
remedy against such other, such election to be in advance of any suit
under this section; and if he take under this act, the cause of action
against such other shall be assigned to the State for the benefit of the
accident fund; if the other choice is made, the accident fund shall con
tribute only the deficiency, if any, between the amount of recovery
against such third person actually collected, and the compensation
provided or estimated by this act for such case. Any such cause of
action assigned to the State may be prosecuted, or compromised by
the department, in its discretion. Any compromise by the workman
of any such suit, which would leave a deficiency to be made good out
of the accident fund, may be made only with the written approval of
the department.
Working emAny individual employer or any member or officer of any corporate
pioyers.
employer who shall be carried upon the pay roll at a salary or wage not
less than the average salary or wage named in such pay roll and who
shall be injured, shall be entitled to the benefits of this act as and
under the same circumstances as and subject to the same obligations
as a workman: Provided, That no such employer or the beneficiaries or
dependents of such employer shall be entitled to benefits under this
act unless the commission prior to the date of the injury has received
notice in writing of the fact that such employer is being carried upon
the pay roll prior to the date of the injury as the result of which claims
for compensation are made.
Definitions.

TEXT OF LAWS— WASHINGTON.

975

Dependent means any of the following named relatives of a work- Dependents,
man whose death results from any injury and who leaves surviving no
widow, widower, or child under the age of sixteen years, v iz .: Invalid
child over the age of eighteen years, daughter between sixteen and
eighteen years of age, father, mother, grandfather, grandmother, step
father, stepmother, grandson, granddaughter, brother, sister, half sister,
half brother, niece, nephew, who at the time of the accident are de
pendent in whole or in part for their support upon the earnings of the
workman. Except where otherwise provided by treaty, aliens
other than father or mother, not residing within the United States at the
time of the accident, are not included.
Beneficiary means a husband, wife, child or dependent of a work
man, in whom shall vest a right to receive payment under this act.
Invalid means one who is physically or mentally incapacitated from
earning.
The word “ child” as used in this act includes a posthumous child,
a stepchild, a child legally adopted prior to the injury, and an illegiti
mate child legitimated prior to the injury.
The words “ injury” or “ injured” as used in this act refer only to
an injury resulting from some fortuitous event as distinguished from
the contraction of disease.
Sec. 6604-4 (as amended by ch. 131, acts of 1919). Insomuch Premium rates,
as industry should bear the greater portion of the burden of the
cost of its accidents, each employer shall, prior to January 15th
of each year, pay into the State treasury, in accordance with the
following schedule, a sum equal to a percentage of his total pay roll
for that year, to wit (the same being deemed the most accurate
method of equitable distribution of burden in proportion to relative
hazard):
CONSTRUCTION W O R K .

Tunnels; bridges; trestles; subaqueous works; ditches and canals
(other than irrigation without blasting); dock excavation; fire
escapes; sewers; house moving; house wrecking...................... 0. 065
Iron, or steel frame structures or parts of structures......................... 080
Electric light or power plants or systems; telegraph or telephone
systems; pile driving; steam railroads............................................050
Steeples, towers, or grain elevators, not metal frames; dry docks
without excavation; jetties; breakwaters; chimneys; marine
railways; water works or systems; electric railways with rock
work or blasting; blasting; erecting fireproof doors or shutters. . 050
Steam heating plants; tanks, water towers or windmills, not
metal frames.......................................................................................040
Shaft sinking..........................................................................................060
Concrete buildings; freight or passenger elevators; fireproofing
of buildings; galvanized iron or tin works; gas works, or sys
tems; marble, stone, or brick work; road making with blast
ing; roof work; safe moving; slate work; outside plumbing
work; metal smokestacks or chimneys............................................050
Excavations not otherwise specified; blast furnaces......................... 040
Street or other grading; cable or electric street railways without
blasting; advertising signs; ornamental metal work in build
ings......................................................................................................035
Ship or boat building or wrecking with scaffolds; floating docks. . 045
Carpenter work not otherwise specified.........................: ............... 035
Installation of steam boilers or engines; placing wires in con
duits; installing dynamos; putting up belts for machinery;
marble, stone, or tile setting, inside work; mantel setting;
metal ceiling work; mill or ship wrighting; painting of build
ings or structures; installation of automatic sprinklers; ship
or boat rigging; concrete laying in floors; foundations or street
paving; asphalt laying; covering steam pipes or boilers; instal
lation of machinery not otherwise specified................................... 030
Drilling wells; installing electrical apparatus or fire-alarm sys
tems in buildings; house heating or ventilating systems; glass
Betting; building hot houses; lathing; paper hanging; plaster
ing; inside plumbing; wooden stair building; road making.......... 020

976

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 .
OPERATION (INCLUDING REPAIR W O R K ) OF
(A ll combinations of material take the higher rate when not otherwise
provided.)

Logging railroads; railroads; dredges; interurban electric rail
roads using third-rail system; dry or floating docks.................. 0. 050
Electric light or power plants; interurban electric railroads not
using third rail system; quarries...................................................... 040
Street railways, all employees; telegraph or telephone systems;
stone crushing; blasnngfurnaces; smelters; coalmines; gas
works; steamboats; tugs; ferries..................................................... 030
Mines, other than coal; steam heating or power plants.................. 025
Grain elevators; laundries; water works; paper or pulp mills;
garbage works..................................................................................... 020
f a c t o r ie s

u s in g

p o w e r -d r iv e n

m a c h in e r y .

Stamping tin or metal........................................................................... 045
Bridge work; railroad car or locomotive making or repairing;
cooperage; logging with or without machinery; saw mills;
shingle mills; staves; veneer; box; lath; packing cases;
sash, door or blinds; barrel, keg, pail; basket; tub; wooden
ware or wooden fibre ware; rolling mills; making steam
shovels or dredges; tanks, water towers; asphalt, building
material not otherwise specified; fertilizer; cement; stone
with or without machinery; kindling wood; masts and spars
with or without machinery; canneries, metal stamping extra;
creosoting works; pile treating works..............................................025
Excelsior, iron, steel, copper, zinc, brass or lead articles or wares
not otherwise specified; working in wood not otherwise speci
fied; hardware; tile, brick; terra cotta; fire clay; pottery,
earthenware; porcelain ware; peat fuel; briquettes...................... 020
Bre*weries; bottling works; boiler works; foundries; machine
shops not otherwise specified............................................................ 020
Cordage; working in foodstuffs, including oils, fruits and vege
tables; working in wool, cloth, leather, paper, broom, brush,
rubber or textiles not otherwise specified....................... ................015
Making jewelry, soap, tallow, lard, grease, condensed milk........... 015
Creameries; printing; electro typing; photo-engraving; engraving;
lithographing...................................................................................... 015
m is c e l l a n e o u s

w ork

Stevedoring; longshoring............................................................ .
. 030
Operating stock yards, with or without railroad entry ; packing
houses...................................................................................................025
Wharf operation; artificial ice, refrigerating or cold-storage
plants; tanneries; electric systems not otherwise specified........... 020
Theater stage employees....................................................................... 015
Fireworks manufacturing...................................................................... 050
Powder works......................................................................................... 100
The application of this act as between employers and workmen
shall date from and include the first day of October, 1911. The pay
ment for 1911 shall be made prior to the day last named, and shall
P r e l i m i n a r y be preliminarily collected upon the payroll of the last preceding three
p a y m e n t s to m o n t h s of operation.
At the end of each year an adjustment of
accounts shall be made upon the basis of the actual pay roll. Any
shortage shall be made good on or before February 1st, following.
Every employer who shall enter into business at any intermediate
day, or who shall resume operations in any work or plant after the
final adjustment of his pay roll in connection therewith, shall, before
so commencing or resuming operations, as the case may be, notify the
commission of such fact, accompanying such notification with an esti
mate of his pay roll for the initial year or portion thereof, and shall
make payment of the premium on such estimated pay roll for the first
three months of operations. Every such employer shall be liable for
a premium of at least three dollars irrespective of the amount of his
pay roll. An adjustment upon such pay roll shall be made as in other
cases.

TEXT OF LAWS— WASHINGTON.

977

Every employer within the provisions of this act shall on or before
the fifteenth day of January, the fifteenth day of May, and the fifteenth
day of September of each year furnish the department with a true and
accurate pay roll, showing the aggregate number of work days, that is
men-days, during which workmen were employed by him during the
four preceding calendar months, the total amount paid to such
workmen during said four months, and a segregation of employment
in the different classes provided in this act. The sufficiency of such
statement shall be subject to the approval of the industrial insurance
commission.
Every employer shall keep at his place of business a record of his Pay rolls,
employment from which the above information may be obtained,
and such record shall at all times be open to the inspection of the
commissioners or the traveling auditors, agents, or assistants of the
departments, as provided in section 6604-15 of Rem. & Bal. Code.
In all cases where partners or other persons are excluded on the pay
roll such statement shall state both the names and occupations of the
parties excluded, and no such persons shall be entitled to compensa
tion unless notice in writing that such excluded person has been in
cluded is received by the department prior to the date of injury to such
person. Such employer shall at the time of reporting his pay roll also
state the names and addresses of any contractor or subcontractor
operating for or under him.
Every person, firm, or corporation who shall fail to keep such rec
ord or fail to make such report in the manner and at the time herein
provided shall be subject to a penalty of one hundred dollars ($100)
for each such offense, to be collected by civil action in the name of the
State and paid into the accident fund. •
Every employer who shall fail to furnish an estimated pay roll and
make payments as above provided shall be liable to a penalty in three
times the amount of the premium on such pay roll, to be collected in
a civil action in the name of the State, and paid into the accident fund.
The commission may waive the whole or any part of such penalty.
For the purpose of such payments accounts shall be ke£t with each Accounts,
industry in accordance with the classification herein provided and no
class shall be liable for the depletion of the accident fund from accidents
happening in any other class. Each class shall meet and be liable for
the accidents occurring in such class. There shall be collected from
each class as an initial payment into the accident fund as above
specified on or before the first day of October, 1911, one-fourth of the
premium of the next succeeding year, and one-twelfth thereof at the
close of each month after December, 1911: Provided, Any class having
sufficient funds credited to its account at the end of the first three
months or any month thereafter, to meet the requirements of the
accident fund, that class shall not be called upon for such month.
In case of accidents occurring in such class after lapsed payment or
payments said class shall pay the said lapsed or deferred payments
commencing at the first lapsed payment, as may be necessary to
meet such requirements of the accident fund. The fund thereby
created shall be termed the “ accident fund,” which shall be devoted
exclusively to the purpose specified for it in this act.
In that the intent is that the fund created under this section shall Readjustments,
ultimately become neither more nor less than self-supporting, exclusive
of the expense of administration, the rates named in this section are
subject to future adjustment by the industrial insurance department,
in accordance with any relative increase or decrease in hazard shown
by experience, and if in the^ adjustment of the industrial insurance
department the moneys paid into the fund of any class or classes shall
be insufficient to properly and safely distribute the burden of accidents
occurring therein, the department may divide, rearrange, or consoli
date such class or classes, making such adjustment or transfer of funds
as it may deem proper.
It shall be unlawful for the employer to deduct or obtain any part of D e d u c t i o n s
the premium required by this section to be by him paid from the wages from wages,
or earnings of his workmen, or any of them, and the making or attempt
ing to make any such deduction shall be a gross misdemeanor. The
industrial insurance commission shall on or before the 1st day of Janu177982°—21—Bull. 272------ 62+63

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 .

ary, 1920, and annually thereafter make corrections of classifications
as between classes of industries if and as experience shall show error or
inaccuracy therein. From the original classification or premium rating
or any change made therein any employer claiming to be aggrieved
may upon application have a hearing before the industrial insurance
commission upon notice to the interested parties and in the manner
provided in section 6604-20 a review by the courts. If at the end of
any year it shall be seen that the contribution to the accident fund by
any class of industry shall be less than the drain upon the fund on
account of that class, the deficiency shall be made good to the fund on
the first day of February of the following year by the employers of
that class in proportion to their respective payments for the past year,
of in- For the purpose of such payment and making good of deficit the
particular classes of industry shall be as follows:
CONSTRUCTION W O R K .

Class 1. Tunnels; sew ershaft sinking; drilling wells.
Class 2. Bridges; millwrighting; trestles; steeples, towers, or grain
elevators not metal framed; tanks; water towers, windmills not metal
framed.
Class 3. Subaqueous works; canal other than irrigation or docks,
with or without blasting; pile driving; jetties; breakwaters; marine
railways.
Class 4. House moving; house wrecking; safe moving.
Class 5. Iron or steel frame structures or parts of structures; fire
escapes; erecting fireproof doors or shutters; blast furnaces; concrete
chimneys; freight or passenger elevators; fireproofing of buildings;
galvanized iron or tin work; marble, stone, or brick work; roof work;
slate work; plumbing work; metal smokestacks or chimneys; adver
tising signs; ornamental metal work in buildings; carpenter work not
otherwise specified; marble, stone, or tile setting; mantel setting;
metal ceiling work; painting of buildings or structures; concrete lay
ing in floors or foundations; glass setting; building hothouses; lathing;
paper hanging; plastering; wooden stair building.
Class 6. Electric light and power plants or systems, telegraph or
telephone systems; cable or electric railways, with or without rockwork or blasting; waterworks or systems; steam heating plants; gas
works or systems; installation of steam boilers or engines; placing
wires in conduits; installing dynamos; putting up belts for machinery;
installation of automatic sprinklers; covering steam pipes or boilers;
installation of machinery not otherwise specified; installing electric
apparatus or fire-alarm systems in buildings; house heating or venti
lating systems.
Class 7. Steam railroads; logging railroads.
Class 8. Road making; street or other grading; concrete laying in
street paving; asphalt laying.
Class 9. Ship or boat building, with scaffold; shipwrighting; ship
or boat rigging; floating docks.
OPERATION (INCLUDING REPAIR W O R K ) OF

Class 10. Logging; sawmills; shingle mills; lath mills; masts and
spars with or without machinery.
Class 11. [Omitted by the legislature.]
Class 12. Dredges; dry or floating docks.
Class 13. Electric light or power plants or systems; steam heat or
power plants or systems; electric systems not otherwise specified.
Class 14. Street railways.
Class 15. Telegraph systems; telephone systems.
Class 16. Coal mines.
Class 17. Quarries; stone crushing; mines other than coal.
Class 18. Blastfurnaces; smelters; rolling mills.
Class 19. Gas works.
Class 20. Steamboats; tugs; ferries.
Class 21. Grain elevators.
Class 22. Laundries.
Class 23. Waterworks.
Class 24. Paper or pulp mills.
Class 25. Garbage works; fertilizer.

TEXT OF LAWS----WASHINGTON.

979

FACTORIES (U SIN G PO W ER -D R IVE N M AC H IN E R Y ).

Class 26. Stamping tin or metal.
Class 27. Bridge work; making steam shovels or dredges; tanks;
water towers.
Class 28. Railroad car or locomotive making or repairing.
Class 29. Cooperage; staves; veneer; box; packing cases; sash,
door, or blinds; barrel; keg; pail; basket; tub; wood ware or wood
fiber ware; kindling wood; excelsior; working in wood not otherwise
specified.
Class 30. Asphalt.
Class 31. Cement; stone with or without machinery; building ma
terial not otherwise specified.
Class 32. Canneries of fruits or vegetables.
Class 33. Canneries of fish or meat products.
Class 34. Iron, steel, copper, zinc, brass, or lead articles in wares;
hardware; boiler works; foundries; machine shops not otherwise
specified.
Class 35. Tile; brick; terra cotta; fire clay; pottery; earthen
ware; porcelain ware.
Class 36. Peat fuel; briquettes.
Class 37. Breweries; bottling works.
Class 38. Cordage; working in wool, cloth, leather, paper, brush,
rubber, or textile not otherwise specified.
Class 39. Working in foodstuffs, including oils, fruits, vegetables.
Class 40. Condensed milk, creameries.
Class 41. Printing; electro typing; photo-engraving; engraving;
lit
. .
„
, 4
0
,
0 .. p, tallow, lard,
grease; tanneries.
Class 44. Artificial ice, refrigerating or cold storage plants.
Class 45. Theater stage employees.
Class 46. Fireworks manufacturing; powder works.
Class 47. Creosoting works; pile-treating works.
If a single establishment or work comprises several occupations listed . Different classes
in this section in different risk classes, the premium shall ibe computed Sent31668
according to the pay roll of each occupation if clearly separable; other
wise an average rate of premium shall be charged for the entire estab
lishment, taking into consideration the number of employees and the
relative hazards. In computing the pay roll the entire compensation
received by every workman employed in extrahazardous employment
shall be included, whether it be in the form of salary, wage, piecework,'
overtime,«or any allowance in the way of profit-sharing, premium, or
otherwise, and whether payable in money, board, or otherwise.
S e c . 6604-5 (as amended by ch. 131, acts of 1919). Each workman Compensation—
who shall be injured whether upon the premises or at the plant, or he
being in the course of his employment, away from the plant of his em
ployer, or his family or dependents in case of death of the workman
shall receive out of the accident fund compensation in accordance
with the following schedule, and, except as in this act otherwise pro
vided, such payment shall be in lieu of any and all rights of action
whatsoever against any person whomsoever.
(a)
Where death results from the injury the expenses of burial not Death
to exceed seventy-five dollars ($75) in any case where the deceased was
an unmarried man, or one hundred dollars in any case where the de
ceased left a widow or an orphan child or children; and
(1)
If the workman leaves a widow or invalid widower, a monthly
payment of1thirty dollars ($30) shall be made throughout the life of the
surviving spouse, to cease at the end of the month in which remarriage
shall occur, and the surviving spouse shall also receive five dollars ($5)
per month for each child of the deceased under the age of sixteen years
at the time of the occurrence of the injury until such minor child shall
reach the age of sixteen years. An invalid child over sixteen years of
age shall be here and in paragraphs (2), (3), and (4) of subdivision (a),
and in paragraphs (2) and (3) of subdivision (b), and in subdivision (c),
and in paragraphs (1) and (3) but not in paragraph (2) of subdivision
(d) considered to be a child under sixteen years of age until such in-

980

WORKMEN’ S COMPENSATION LAWS OF THE UNITED STATES.

valid child shall arrive at the age of eighteen years, but the total month
ly payment under this paragraph (1) of subdivision (a) shall not ex
ceed fifty dollars ($50.00): Provided, That in addition to the monthly
payments above provided for, a surviving widow of any such deceased
workman shall be forthwith paid the sum of two hundred and fifty
dollars ($250) in any case where the commission shall be satisfied and
shall make of record in their office a finding that the burial expenses
have not exceeded and shall not exceed the amount above specified
for burial expenses; and, further, that no part of said additional pay
ment can be diverted to the payment of burial expenses.
Upon remarriage of a widow she shall receive once and for all, a
lump sum of two hundred forty dollars ($240), but the monthly pay
ment for the child or children shall continue as before.
(2) If the workman leave no wife or husband, but a child or children
under the age of sixteen years, a monthly payment of ten dollars ($10)
shall be made to each such child until such child shall reach the age of
sixteen years, but the total monthly payment shall not exceed forty
dollars ($40), and any deficit shall be deducted proportionately among
the beneficiaries.
(3) If the workman leaves no widow, widower, or child under the
age of sixteen years, but leaves a dependent or dependents, a monthly
payment shall be made to each dependent equal to fifty per cent of
the average monthly support actually received by such dependent
from the workman during the twelve months next preceding the
occurrence of the injury, but the total payment to all dependents in
any case shall not exceed twenty dollars ($20) per month. If any
dependent is under the age of sixteen years at the time of the occur
rence of the injury, the payment to such dependent shall cease when
such dependent shall reach the age of sixteen years. The payment to
any dependent shall cease if and when, under the same circumstances,
the necessity creating the dependency would have ceased if the injury
had not happened.
If the workman is under the age of twenty-one years and unmarried
at the time of his death, the parents or parent of the workman shall
receive twenty dollars ($20) per month for each month after his death
until the time at which he would have arrived at the age of twentyone years.
(4) In the event of a surviving spouse receiving monthly payment
shall die, leaving a child or children under the age of sixteen years,
the sum he or she shall be receiving on account of such child or child
ren shall be thereafter, until such child shall arrive at the age of six
teen years, paid to the child increased 100 per cent, but the total to all
children shall not exceed the sum of forty dollars ($40) per month.
Permanent
Q>) Permanent total disability means the loss of both legs or arms,
total disability. Gf one leg and one arm, total loss of eyesight, paralysis, or other condition
permanently incapacitating the workman from performing any work
at any gainful occupation.
When permanent total disability results from the injury, the work
man shall receive monthly during the period of such disability:
(1) If unmarried at the time of the injury, the sum of thirty dollars
($30).
(2) If the workman have a wife or invalid husband, but no child
under the age of sixteen years, the sum of thirty dollars ($30). If the
husband is not an invalid, the monthly payment of thirty dollars ($30),
shall be reduced to fifteen dollars ($15).
(3) If the workman have a wife or husband and a child or children
under the age of sixteen years, or, being a widow or widower, having
any such child or children, the monthly payment provided in the pre
ceding paragraph shall be increased by five dollars ($5) for each such
child until such child shall arrive at the age of sixteen years, but the
total monthly payment shall not exceed fifty dollars ($50).
(4) In case of total permanent disability, if the character of the
injury is such as to render the workman so physically helpless as to
require the services of a constant attendant, the monthly payment to
such workman shall be increased twenty dollars ($20) per month so
long as such requirement shall continue, but such increase shall not
obtain or be operative while the workman is receiving care under or

TEXT OF LAW S— W A SH IN G TO N .

981

pursuant to any of the provisions of sections 6604-33 to 6604-46, in
clusive.
(c) I f the injured workman die, during the period of permanent Death during
total disability, whatever the cause of death, leaving a widow, invalid beneflt v^riod.
widower, or child under the age of sixteen years, the surviving widow
or invalid widower shall receive thirty dollars ($30) per month until
death or remarriage, to be increased five dollars ($5) per month for
each child under the age of sixteen years,until such child shall arrive
at the age of sixteen years; but if such child is or shall be without
father or mother, such child shall receive ten dollars ($10) per month
until arriving at the age of sixteen years. The total combined monthly
payments under this paragraph shall in no case exceed fifty dollars
($50). Upon remarriage the payments on account of the child or
children shall continue as before to such child or children.
An invalid child while being supported and cared for in a State
institution shall not receive compensation under this act.
(d) (1) When the total disability is only temporary, the schedule of , . T e m p o r a r y
payments contained in paragraphs (1), (2), and (3) of the foregoing dl
ty*
subdivision (b) shall apply, so long as the total disability shall con
tinue, (2) but if the injured workman has a wife or husband and have
no child or have a wife or husband with, or being a. widow or widower
with one or more children under the age of sixteen years, the compen
sation for the case during the first six months or such lesser period of
time as the total temporary disability shall continue, shall be per
month as follows, to-wit: Injured workman whose husband is not an
invalid, twenty-two and 50-100 dollars ($22.50); injured workman hav
ing one child, whose husband is not an invalid, thirty dollars ($30);
injured workman having two children, whose husband is not an inva
lid, thirty-seven and 50-100 dollars ($37.50); injured workman having
three children, whose husband is not an invalid, forty-five dollars ($45);
injured workman having four or more children, whose husband is not
an invalid, fifty-two and 50-100 dollars ($52.50); injured workman
with wife or invalid husband and no child, thirty-seven and 50-100
dollars ($37.50); injured workman with a wife or invalid husband and
one child, or being a widow or widower and having one child, fortyfive dollars ($45); injured workman with a wife or invalid husband and
two or more children, or being a widow or widower and having two or
more children, fifty-two and 50-100 dollars ($52.50). (3) If such tem
porary total disability shall endure longer than said six months’ period,
the schedule of compensation contained in paragraphs (1), (2), and
(3) of the foregoing subdivision (b) shall at the end o f said six months’
period again obtain. (4) As soon as recovery is so complete that the
present earning power of the workmen, at any kind of work, is restored Recovery,
to that existing at the time of the occurrence of the injury the pay
ments shall cease. If and so long as the present earning power is only
partially restored, the payments shall continue in the proportion
which the new earning power shall bear to the old. No compensation
shall be payable out o f the accident fund unless the loss of earning
power shall exceed five per cent.
(e) There is hereby created in the office of the State treasurer a fund Reserve fund,
to be known and designated as the reserve fund out of which shall be
made the payments specified in this section for all cases of death or
permanent total disability, including future payments^to be made for
the cases of that character which have heretofore arisen. Into the
reserve fund there shall be forthwith placed all unexpended funds, in
cash or invested, heretofore set aside for cases requiring a reserve.
For every case resulting in death or permanent total disability here
after arising it shall be the duty of the department to make transfer on
their books from the accident fund of the proper class to the reserve
fund of that class a sum of money for that case equal to the estimated
present cash value of the monthly payments provided for it, to be cal
culated upon the basis of an annuity covering the payments in this
section provided to be made for the case. Such annuities shall be
based upon tables to be prepared for that purpose by the State insur
ance commissioner and by him furnished to the State treasurer, calcu
lated upon standard mortality tables with an interest assumption of
four (4) per cent per annum.

982

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

THE UNITED STATES.

The department shall notify the State treasurer from time to time
of such transfers as a whole and the State treasurer shall invest the
reserve in either State capitol building bonds issued to take up capitol
building warrants now outstanding, or in the class of securities pro
vided by law for the investment of the permanent school fund, and
the interest of other earnings of the reserve fund shall become a part of
the reserve fund itself. The department shall, on October 1st of each
year, apportion the interest or other earnings of the reserve fund as
certified to it by the State treasurer, to the various class reserve funds
according to the average class balance for the preceding year. As soon
as possible after October 1st of each year, beginning in the year 1918,
the State insurance commissioner shall expert the reserve fund of each
class to ascertain its standing as of October 1st, of that year, and the
relation of its outstanding annuities at their then value to the cash on
hand or at interest belonging to that fund. He shall promptly report
the result of his examination to the department and to the State treas
urer in writing not later than December 31st. If the report show that
there was on said October 1st, in the reserve fund of any class in cash or
at interest a greater sum than the then annuity value of the outstand
ing pension obligations of that class, the surplus shall be forthwith
turned over to the accident fund of that class, but if the report show
the contrary condition of any class reserve, the deficiency shall be
forthwith made good out of the accident fund of that class. The State
treasurer shall keep accurate account of the reserve fund and the in
vestment and earnings thereof, to the end that the total reserve funds
shall at all times, as near as may be, be properly and fully invested,
and to meet current demands for pension or lump-sum payments may,
if necessary, make temporary loans to the reserve fund out of the acci
dent funds for that class, repaying same from the earnings of that
reserve fund or from collections of its investments, or, if necessary,
sales of the same.
Peimanentpar- (/) Permanent partial disability means the loss of either one foot,
tiai disability.
o n e j[e g ? o r L 0 hand, one arm, one eye, one or more fingers, one or more
toes, any dislocation where ligaments were severed where repair is not
complete, or any other injury known in surgery to be permanent par
tial disability. For the permanent partial disabilities here specifi
cally described, the injured workman shall receive compensation as
follows:
Loss of one leg amputated so near the hip that an artificial limb
can not be worn........................................................................... $2, 000
Loss of one leg at or above the knee so that an artificial limb can
be worn......................................................................................... 1, 900
Loss of one leg below the knee...................................................... 1,300
Loss of the major arm at or above the elbow...............................
1, 900
Loss of the major hand at wrist.....................................................
1, 600
Loss of one eye by enucleation.....................................................
1,200
Loss of sight of one eye..................................................................
900
Complete loss of hearing in both ears...........................................
1, 900
Complete loss of hearing in one ear...............................................
500
other injuries.
Compensation for any other permanent partial disability shall be
in the proportion which the extent of such other disability shall bear
to that permanent partial disability above specified which most closely
resembles and approximates in degree of disability such other dis
ability, but not in any case to exceed the sum of two thousand dollars
($2,000). If the injured workman be under the age of twenty-one
years and unmarried, the parents or parent shall also receive a lump
sum payment equal to ten per cent of the amount awarded the minor
workman.
Second injuries
(gr) Should a further accident occur to a workman who has been pre
viously the recipient of a lump-sum payment under this act, his future
compensation shall be adjudged according to the other provisions of
this section and with regard to the combined effect of his injuries, and
his past receipt of money under this act.
Should such further accident result in the permanent total disability
of such injured workman, he shall receive the pension to which he
would be entitled notwithstanding the payment of a lump sum for his
prior injury.
investments.

TEXT OF LAWS— WASHINGTON.

983

(h) If aggravation, diminution, or termination of disability takes Review,
place or be discovered after the rate of compensation shall have been
established or compensation terminated, in any case the department
may upon the application of the beneficiary or upon its own motion,
readjust for further application the rate of compensation in accord
ance with the rules in this section provided for the same, or in a proper
case terminate the payment.
(i) A husband or wife of an injured workman, living in a State of Spouses living
abandonment for more than one year at the time of the injury or sub- aparteequently, shall not be a beneficiary under this act.
(j) If a beneficiary shall reside or remove out of the State the depart- Removal from
ment may, in its discretion, convert any monthly payments provided state*
for such case into a lump-sum payment (not in any case to exceed the
value of the annuity then remaining, to be fixed and certified by the
State insurance commissioner, but in no case to exceed the sum of
$4,000), or, with the consent of the beneficiary, for a smaller sum.
(k) Any court review under this section shall be initiated in the Court review,
county where the workman resides or resided at the time of the injury,
or in which the injury occurred.
(I)
No workman injured after June 30th, 1917, shall receive or be Waitingtime,
entitled to receive compensation out of the accident fund for or during
the day on which his injury was received or the seven days following
the same; but if at the end of thirty days following the day of the re
ceipt of his injury his incapacity shall still exist, there shall be in
included in the next payment to him out of the accident fund compen
sation for said omitted period.
S e c . 6604-6 (as amended by ch. 131, acts of 1919). If injury or death . Intentional in
results to a workman from the deliberate intention of the workman Juneshimself to produce such injury or death, neither the workman nor the
widow, widower, child, or dependent of the workman shall receive
any payment whatsoever out of the accident fund. If injury or death
result to a workman from the deliberate intention of his employer to
produce such injury, or death, the workman, the widow, widower,
child or dependent of the workman shall have the privilege to take
under this act, and also have cause of action against the employer, as
if this act had not been enacted, for any excess of damages over the
amount received or receivable under this act.
A minor working at an age legally permitted under the laws of this Minors.
State shall be deemed sui juris for the purpose of this act, and no other
person shall have any cause of action or right to compensation for an
injury to such minor workman except as expressly provided in this
act, but in the event of a lump-sum payment becoming due under this
act to such minor workman, the management of the sum shall be within
the probate jurisdiction of the courts the same as other property of
minors: Provided, That in the event it is necessary to procure the
appointment of a guardian to receive the money to which any minor
workman is entitled under the provisions of this act, the commission
may allow from the accident fund, toward the expenses of such guar
dianship, not to exceed the sum of twenty-five dollars ($25) in any one
case: Provided, further, That in case any such minor shall be awarded a
lump-sum payment of the sum of two hundred fifty dollars ($250) or
less, the industrial insurance commission shall have power, in its
discretion, to make payment direct to such minor without the necessity
of the appointment of a guardian.
S e c . 6604-7 (as amended by ch. 28, acts of 1917). In case of death
Lumpsums,
or permanent total disability the monthly payment provided
may be converted, in whole or m part, into a lump-sum payment (not
in any case to exceed $4,000), equal or proportionate as the case may
be to the value of the annuity then remaining, to be fixed and certified
by the State insurance commissioner, in which event the monthly pay
ment shall cease in whole or in part accordingly or proportionately.
Such conversions may only be made after the happening of the injury
and upon the written application of the beneficiary (in case of minor
children, the application may be by either parent) to the department,
and shall rest in the discretion of the department. Within the rule
aforesaid the amount and value of the lump-sum payment may be
agreed upon between the department and the beneficiary.

984

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 Ec. 6604-8 (as amended by ch. 120, acts of 1917). If any employer
shall default in any payment to the accident fund or the medical-aid
fund, the sum due^shall be collected by action at law in the name of
the State as plaintiff, and such right of action shall be in addition to
any other right of action or remedy. If such default be after demand,
there shall also be collected a penalty equal to twenty five per centum
of the amount of the defaulted payment cr payments, and the commis
sion may require from the defaulting employer a bond to the State for
the benefit of the accident and medical-aid funds, with surety to their
satisfaction, in the penalty of double the amount of the estimated pay
ments which will be required from such employer into the said funds
for and during the ensuing one year, conditioned for the prompt and
punctual making of all payments into said funds required during said
year period, together with any penalty or penalties incurred. In case
of refusal or failure after written demand personally served to furnish
such bond, the State in an action brought by the attorney general in its
name shall be entitled to an injunction restraining such delinquent
from prosecuting an extrahazardous occupation or work until such bond
shall be furnished, and any sale, transfer, or lease attempted to be made
by such delinquent during the period of such default, of his works,
plant, or lease thereto shall be invalid until all past delinquencies are
made good and such bond furnished. All actions for the recovery of
such payments shall be brought in the superior court and in all cases
of insolvency, assignment for the benefit of creditors, or bankruptcy,
the claim of the State for payments due herein shall be a claim
prior to all other claims, except taxes, and it shall be the duty of the
receiver or assignee for the benefit of creditors to notify the industrial
insurance department of such receivership or assignment within thirty
(30) days from the date of their appointment and qualification. In
any action or proceeding brought for the recovery of payments due
upon the pay roll of an employer, the certificate of the industrial insu
ranee department that an audit has been made of the pay roll of such
employer pursuant to the direction of the department and of the amount
of such pay roll for the period stated in the certificate shall be prima
facie evidence of such fact.
V i o l a t i o n of
S e c . 6604-9. If any workman shall be injured because of the absence
safety law.
0f a n y safeguard or protection required to be provided or maintained by,
or pursuant to, any statute or ordinance, or any department regulation
under any statute, or be, at the time of the injury, of less than the
maximum age prescribed by law for the employment of a minor in the
occupation in which he shall be engaged wnen injured, the employer
shall, within ten days after demand therefor by the department, pay
into the accident fund, in addition to the same required by section 4
to be paid:
(a) In case the consequent payment to the workman out of the acci
dent fund be a lump sum, a sum equal to 50 per cent of that amount.
(b) In case the consequent payment to the workman be payable in
monthly payments, a sum equal to 50 per cent of the lump value of
such monthly payment, estimated in accordance with the rule stated
in section 7.
The foregoing provisions of this act shall not apply to the employer if
the absence of such guard or protection be due to the removal thereof
by the injured workman himself, or with his knowledge by any of his
fellow workmen, unless such removal be by order or direction of the
employer or superintendent or foreman of the employer, or anyone
placed by the employer in control or direction of such workman. If
the removal of such guard or protection be by the workman himself, or
with his consent by any of his fellow workmen, unless done by order or
direction of the employer or the superintendent or foreman of the em
ployer, or anyone placed by the employer in control or direction of
such workman, the schedule of compensation provided in section 5 shall
be reduced 10 per cent for the individual case of such workman.
Assignm ents,
s EC. 6604-10 (as amended by ch. 131, acts of 1919). No money paid or
etc*
payable under this act out of the accident fund shall, prior to issuance
and delivery of the warrant therefor, be capable of being assigned,
charged, nor ever be taken in execution or attached or garnisheed, nor
shall the same pass to any other person by operation of law. Any such
Defaulting
ployers.

em-

TEXT OF LAWS— WASHINGTON,

assignments or charge will be void: Provided, That if any workman
shall suffer a permanent partial injury, and shall die from some other
cause than the accident which produced such injury before he shall
have received payment of his award for such permanent partial injury,
or if any workman shall suffer any other injury and shall die from some
other cause than the accident which produced such injury before he
shall have received payment of any monthly installment covering any
period of time prior to his death, the amount of such permanent partial
award, or of such monthly payment or both, shall be paid to his widow,
if he leave a widow, or to his child or children if he leave a child or
children and shall not leave a widow: Provided, If the injured work
man shall have resided in the United States as long as three years such
payment will not be made to any widow or child who is at the time a
nonresident of the United States.
^If any beneficiary shall reside without the United States and shall so
direct in writing, the commission may cause any warrant or warrants
to which such beneficiary is entitled to be issued in the name of and
delivered to the consul or consular agent of the country in which such
beneficiary is resident, designated by such beneficiary.
Sec. 6604-11. No employer or workman shall exempt himself from Waivers,
the burden or waive the benefits of this act by any contract, agree
ment, rule, or regulation, and any such contract, agreement, rule, or
regulation shall be pro tanto void.
S e c . 6604-12. (a) Where a workman is entitled to compensation Claims,
under this act he shall file with the department his application for such,
together with the certificate of the physician who attended him, and it
shall be the duty of the physician to inform the injured workman of
his rights under this act and to lend all necessary assistance in making
this application for compensation and such proof of other matters as
required by the rules of the department without charge to the workman.
(b) Where death results from injury the parties entitled to compensa
tion under this act, or some one in their behalf , shall make application
for the same to the department, which application must be accom
panied with proof of death and proof of relationship showing the parties
to be entitled to compensation under this act, certificates of attending
physician, if any, and such other proof as required by the rules of the
department.
(c) If change of circumstances warrant an increase or rearrange
ment of compensation, like application shall be made therefor. No
increase or rearrangement shall be operative for any period prior to
application therefor.
(d) No application shall be valid or claim thereunder enforceable
unless filed within one year after the day upon which the injury
occurred or the right thereto accrued.
S e c . 6604-12a. In all hearings, actions, or proceedings before the Physicians
commission, or before any court on appeal from the commission, any testlfy*
physician having theretofore examined or treated the claimant may
be required to testify fully regarding such examination or treatment,
and shall not be exempt from so testifying by reason of the relation of
physician to patient.
S e c . 6604-13^ (as amended by ch. 28, Acts of 1917). Any workman . Medical ex
entitled to receive compensation under this act is required, if requested ma ns*
by the department, to submit himself for medical examination at a
time and from time to time at a place reasonably convenient for the
workman and as may be provided by the rules of the department. If
the workman refuses to submit to any such examination, or obstructs
the same, his rights to monthly payments shall be suspended until
such examination has taken place, and no compensation shall be
payable during or for account of such period; or, if any injured work
man shall persist in unsanitary or injurious practices which tend to
imperil or retard his recovery, or shall refuse to submit to such medical
or surgical treatment as is reasonably essential to his recovery, the
commission may reduce or suspend the compensation of such workman.
If the workman necessarily incurs traveling expenses in attending for
examination pursuant to the request of the department, such traveling
expenses shall be repaid to him out of the accident fund upon proper
voucher and audit.

986

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 .

S e c . 6604-14. Whenever any accident occurs to any workman it
shall be the duty of such workman or some one in his behalf to forth
with report such accident to his employer, superintendent, or foreman
in charge of the work, and of the employer to at once report such
accident and the injury resulting therefrom to the department and
also to any local representative of the department.
Employers'recS e c . 6604-15. The books, records, and pay rolls of the employer
ords*
pertinent to the administration of this act shall always be open to
inspection by the department or its traveling auditor, agent, or assist
ant, for the purpose of ascertaining the correctness of the pay roll, the
men employed, and such other information as may be necessary for
the department and its management under this act. Refusal on the
part of the employer to submit said books, records, and pay rolls for
such inspection to any member of the commission, or any assistant
presenting written authority from the commission, shall subject the
offending employer to a penalty of one hundred dollars for each offense,
to be collected by civil action in the name of the State and paid into
the accident fund, and the individual who shall personally give such
refusal shall be guilty of a misdemeanor.
M isrepreS e c . 6604-16. Any employer who shall misrepresent to the departsen tation.
ment the amount of pay roll upon which the premium under this act
is based shall be liable to the State in ten times the amount of the
difference in premium paid and the amount the employer should
have paid. The liability to the State under this section shall be
enforced in a civil action in the name of the State. All sums collected
under this section shall be paid into the accident fund.
Public works.
S e c . 6604-17. Whenever the State, county, any municipal corpora
tion, or other taxing district shall engage in any extrahazardous work
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 of the State, county, municipality, or other
taxing district. If said work is being done by contract, the pay roll of
the contractor and the subcontractor shall be the basis of computation;
and in the case of contract work consuming less than one year in per
formance the required payment into the accident fund shall be based
upon the total pay roll. The contractor and any subcontractor shall
be subject to the provisions of 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 of the pay
ment. The provisions of this section shall apply to all extrahazardous
work done by contract, except that in private work the contractor shall
be responsible, primarily and directly, to the accident fund for the
proper percentage of the total pay roll of the work and the owner of
the property affected by the contract shall be surety for such pay
ments. Whenever and so long as, by State law, city charter, or
municipal ordinance, provision is made for municipal employees
injured in the course of employment, such employees shall not be
entitled to the benefits of this act and shall not be included in the pay
roll of the municipality under this act.
Interstate c o m S e c . 6 6 0 4 - 1 8 (as amended by ch. 6 7 , acts of 1 9 1 9 ) .
Inasmuch as it
merce.
has proved impossible in the case of employees engaged in mainte
nance and operation of railways doing interstate, foreign and intra
state commerce, and in maintenance and construction of their equip
ment, to separate and distinguish the connection of such employees
with interstate or foreign commerce from their connection with intrastate commerce, and such employees have, in fact, received no com
pensation under this act, the provisions of this act shall not apply to
work performed in the maintenance and operation of such railroads or
performed in the maintenance or construction of their equipment, or
to the employees engaged therein, but nothing herein shall be con
strued as excluding from the operation of this act railroad construc
tion work, or the employees engaged thereon: Provided, however,
That common carriers by railroad engaged in such interstate or for
eign commerce and in intrastate commerce shall, in all cases where
liability does not exist under the laws of the United States, be liable
Reports of acci-

dents*

TEXT OF LAWS— WASHINGTON.

987

in damages to any person suffering injury while employed by such
carrier, or in case or the death of such employee to his surviving wife
and child, or children, and if no surviving wife or child or children,
then to the parents, sisters, or minor brothers, residents of the United
States at the time of such death, and who were dependent upon such
deceased for support, to the same extent and subject to the same
limitations as the liability now existing, or hereafter created by the
laws of the United States governing recoveries by railroad employees
injured while engaged in interstate commerce: Provided further, how
ever, That if any interstate common carrier by railroad shall also be
engaged in one or more intrastate enterprises or industries (including
street railways and power plants) other than its railroad, the fore
going provisions of this section shall not exclude from the operation
of the other sections of this act or bring under the foregoing proviso
of this section any extrahazardous work of such other enterprise or in
dustry, the pay roll of which may be clearly separable and distin
guishable from the pay roll of the maintenance operation of such rail
road, or of the maintenance or construction of its equipment.
S e c . 6604-18a (added by ch. 67, acts of 1919). The provisions of Maritime occuthis act shall apply to employers and workmen engaged in maritime p ons'
works or occupations only in cases where and to the extent that the
pay roll of such workmen may and shall be clearly separable and dis
tinguishable from the pay roll of workmen employed under circum
stances in which a liability now exists or may hereafter exist in the
courts of the admiralty of the United States: Provided, That as to work
men whose pay roll is not not so clearly separable and distinguishable
the employer shall in all cases be liable in damages for injuries to the
same extent and under the same circumstances as is specified in the case
of railroads in the first proviso of section 6604-18.
S e c . 6604-18b (added by ch. 67, acts of 1919). The provisions of this When pay rolls
act shall apply to employers and workmen (other than railways and are sePara e*
their workmen) engaged m intrastate and also in interstate or foreign
commerce, for whom a rule of liability or method of compensation now
exists under or may hereafter be established by the Congress of the
United States, only to the extent that the pay roll of such workmen
may and shall be clearly separable and distinguishable from the pay
roll of workmen engaged in interstate or foreign commerce: Provided,
That as to workmen whose pay roll is not so clearly separable and dis
tinguishable, the employer shall in all cases be liable in damages for
injuries to the same extent and under the same circumstances as is
specified in the case of railroads in the first proviso of section 6604-18.
S e c . 6604-19. Any employer and his employees engaged in works Election, when,
not extrahazardous may, by their joint election, filed with the depart
ment, accept the provisions of this act, and such acceptances, when ap
proved by the department, shall subject them irrevocably to the pro
visions of this act to all intents and purposes as if they had been origi
nally included in its terms. Ninety per cent of the minimum rate
specified in section 4 shall be applicable to such case until otherwise
provided by law.
S e c . 6604-20. Any employer, workman, beneficiary, or person feelCourt review,
ing aggrieved at any decision of the department affecting his interests
under this act may have the same reviewed by a proceeding for that
purpose, in the nature of an appeal, initiated in the superior court of the
county of his residence (except as otherwise provided in subdivision (1)
of section numbered 5), in so far as such decision rests upon questions
of fact; or on the proper application of the provisions of this act, it being
the intent that matters resting in the discretion of the department shall
not be subject to review. The proceedings in every such appeal shall
be informal and summary, but full opportunity to be heard shall be had
before judgment is pronounced. No such appeal shall be entertained
unless notice of appeal shall have been served by mail or personally
upon some member of the commission within twenty days following the
rendition of the decision appealed from and communication thereof to
the person affected thereby. No bond shall be required, except that
an appeal by the employer from a decision of the department under
section 9 shall be ineffectual unless, within five days following the
service of notice thereof, a bond, with surety satisfactory to the court,
shall be filed, conditioned to perform the judgment of the court. Ex-

988

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

THE UNITED STATES.

cept in the case last named an appeal shall not he a stay. The calling of
a jury shall rest in the discretion of the court except that in cases arising
under sections 9, 15, and 16 either party shall be entitled to a jury trial
upon demand. It shall be unlawful for any attorney engaged in any
such appeal to charge or receive any fee therein in excess of a reason
able fee, to be fixed by the court in the case, and, if the decision of
department shall be reversed or modified, such fee and the fees of medi
cal and other witnesses and the costs shall be payable out of the admin
istration fund, if the accident fund is affected by the litigation. In
other respects the practice in civil cases shall apply. Appeal shall lie
from the judgment of the superior court as in other civil cases. The
attorney general shall be the legal adviser of the department and shall
represent it in all proceedings, whenever so requested by any of the
commissioners. In all court proceedings under or pursuant to this act
the decision of the department shall be prima facie correct, and the bur
den of proof shall be upon the party attacking the same.
Industrial toS e c . 6604-21. The administration of this act is imposed upon a dementf6
partment, to be known as the industrial insurance department, to con
sist of three commissioners to be appointed by the governor. One of
them shall hold office for the first two years, another for the first four
years, and another for the first six years, following the passage and
approval of this act. Thereafter the term shall be six years. Each
commissioner shall hold until his successor shall be appointed and shall
have qualified. A decision of any question arising under this act con
curred in by two of the commissioners shall be the decision of the de
partment. The governor may at any time remove any commissioner
from office in his discretion, but within ten days following any such
removal the governor shall file in the office of the secretary of state a
statement of his reasons therefor. The commission shall elect one of
their members as chairman. The main office of the commission shall
be at the State capital, but branch offices may be established at other
places in the State. Each member of the commission shall have power
to issue subpoenas requiring the attendance of witnesses and the pro
duction of books and documents.
Witnesses and
S e c . 6604-21a. The superior court shall have power to enforce b y
records.
proper proceedings the attendance and testimony of witnesses and the
production and examination of books, papers and records before the
industrial insurance department.
Salary of comS e c . 6604-22 (as amended by ch. 131, acts of 1919). The salary of
missioners.
each of the commissioners shall be forty-two hundred dollars ($4,200)
per annum, and he shall be allowed his actual and necessary traveling
and incidental expenses; and any assistant to the commissioners shall
be paid for each full day’s service rendered by him, his actual and nec
essary traveling expenses and such compensation as the commission
may deem proper. Each commissioner shall give a surety company
bond in the sum of twenty-five thousand dollars ($25,000), payable to
the State of Washington, conditioned upon the faithful performance of
his duties; and the person designated by the said commission as claim
agent shall give a surety company bond in the sum of twenty thousand
dollars ($20,000), payable to the State of Washington, conditioned upon
the faithful performance of his duties.
Auditors and
S e c . 6604-23 (as amended by ch. 131, acts of 1919). The commisassistants.
sioners may appoint a sufficient number of auditors and assistants to
aid them in the administration of this act and fix the compensation of
such auditors and assistants at a total expense of not to eixceed one hun
dred twenty thousand dollars ($120,000) per year. They may employ
one or more physicians in each county for the purpose of official medical
examinations, whose compensation shall be limited to five dollars ($5)
for each examination and report therein. They may procure such rec
ord books as they may deem necessary for the record of the financial
transactions and statistical data of the department, and the necessary
documents, forms, and blanks. They may establish and require all
employers to install and maintain a uniform form of pay roll.
Duties of deSec. 6604-24. The commission shall, in accordance with the provipartment.
sions of this act—
1.
Establish and promulgate rules governing the administration of
this act.

TEXT OE LAWS----WASHINGTON.

989

2. Ascertain and establish the amounts to be paid into and out of the
accident fund.
3. Regulate the proof of accident and extent thereof, the proof of
death, and the proof of relationship and the extent of dependency.
4. Supervise the medical, surgical, and hospital treatment to the
intent that same may be in all cases suitable and wholesome.
5. Issue proper receipts for moneys received and certificates for bene
fits accrued and accruing.
6. Investigate the cause of all serious injuries and report to the gover
nor from time to time any^ violations or laxity in performance of pro
tective statutes or regulations coming under the observations of the
department.
7. Compile and preserve statistics showing the number of accidents
occurring in the establishment or works of each employer, the liabilities
and expenditures of the accident fund on account of, and the premiums
collected from the same, and hospital charges and expenses.
# 8. Make annual report to the governor (one of them not more than
sixty nor less than thirty days prior to each regular session of the legis
lature) of the workings of the department, and showing the financial
status and the outstanding obligations of the accident fund, and the
statistics aforesaid.
S e c . 6604-24a. Every person, firm, or corporation who shall violate
Failure to comor fail to obey, observe, or comply with any rule of the department p y Wlthrules‘
promulgated under authority of this act shall be subject to a penalty of
not to exceed^ two hundred and fifty dollars ($250). Such penalty may
be recovered in a civil action in the name of the State, and shall be paid
into the accident fund.
S e c . 25. [Repealed.]
S e c . 6604-26. Disbursement out of the funds shall be made only upon
Di s b u r s e warrants drawn by the State auditor upon vouchers therefor transmitted men
to him by the department and audited by him. The State treasurer
shall pay every warrant out of the fund upon which it is drawn. If at
any time there shall not be sufficient money in the fund on which
any such warrant shall have been drawn wherewith to pay the same,
the employer on account of whose workman it was that the warrant was
drawn shall pay the same, and he shall be credited upon his next fol
lowing contribution to such fund the amount so paid with interest
thereon at the legal rate from the date of such payment to the date
such next following contribution became payable, and if the amount
of the credit shall exceed the amount of the contribution, he shall have
a warrant upon the same fund for the excess, and if any such warrant
shall not be so paid, it shall remain, nevertheless, payable out of the
fund. The State treasurer shall to such extent as shall appear to him
to be advisable keep the moneys of the unsegregated portion of the
accident fund invested at interest in the class of securities provided by
law for the investment of the permanent school fund. The State
treasurer shall be liable on his official bond for the safe custody of the
moneys and securities of the accident fund, but all the provisions of
an act approved February 21, 1907, entitled “ An act to provide for
State depositories and to regulate the deposits of State moneys therein,”
shall be applied to said moneys and the handling thereof by the State
treasurer.
S e c . 6604-27. I f a n y e m p lo y e r sh a ll b e a d ju d ic a te d to b e ou tsid e th e
When act does
la w fu l scope of th is a c t, t h e a c t shall n o t a p p ly to h im or h is w ork m e n , or not a p p y *
if a n y w ork m an sh a ll b e a d ju d ic a te d to be ou tsid e th e la w fu l scop e of
th is act b e ca u se of rem oten ess of h is w ork from th e hazard of h is e m
p lo y e r ’ s w ork, a n y su c h a d ju d ic a tio n sh a ll n o t im p a ir th e v a lid ity of
th is a c t in oth er resp ects, an d in e v e r y su c h case an acc o u n tin g in
accordance w ith th e ju stic e of th e case sh a ll b e h a d of m o n e y s r e c e iv e d .

If the provisions of section 4 of this act for the creation of the accident
fund, or the provisions of this act making the compensation to the work
men provided in it exclusive of any other remedy on the part of the
workman shall be held invalid the entire act shall be thereby invali
dated except the provisions of section 31, and an accounting according
to the justice of the case shall be had of moneys received. In other
respects an adjudication of invalidity of any part of this act shall not
affect the validity of the act as a whole or any other part thereof.

990

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 .

Rightssaved.

Sec. 6604-28. If the provisions of this act relative to compensation
for injuries to or death of workmen become invalid because of any
adjudication, or be repealed, the period intervening between the occur
rence of an injury or death, not previously compensated for under this
act by lump payment or completed monthly payments, and such repeal
or the rendition of the final adjudication of the invalidity shall not be
computed as a part of the time limited by law for the commencement of
any action relating to such injury or death: Provided, That such action
be commenced jwithin one year after such repeal or adjudication; but
in any such action any sum paid out of the accident fund to the work
man on account of injury, to whom the action is prosecuted, shall be
taken into account or disposed of as follows: If the defendant em
ployer shall have paid without delinquency into the accident fund the
payment provided by section 4, such sums shall be credited upon the
recovery as payment thereon, otherwise the sum shall not be so credited,
but shall be deducted from th,e sum collected and be paid into the
said fund from which they had been previously disbursed.
Appropriations. S e c . 6604-29. There is hereby appropriated out of the State treasury
the sum of one hundred and fifty thousand dollars, or so much thereof
as may be necessary, to be known as the administration fund, out of
which the salaries, traveling and office expenses of the department
shall be paid, and also all other expenses of the administration of the
accident fund; and there is hereby appropriated out of the accident
fund for the purpose to which said fund is applicable the sum
of $1,500,000, or so much thereof as shall be necessary for the purposes
of this act.
Safety regulaS e c . 6604-30. Nothing in this act contained shall repeal any existing
tl0ns*
law providing for theinstallation or maintenance of any device, means
or method for the prevention of accidents in extrahazard9us work or
for a penalty or punishment for failure to install or maintain any such
protective device, means or methods, but sections 8, 9, and 10 of the
act approved March 6, 1905, entitled “ An act providing for the pro
tection and health of employees in factories, mills, or workshops, where
machinery is used, and providing for suits to recover damages sustained
by the violation thereof, and prescribing a punishment for the violation
thereof and repealing an act entitled ‘ An act providing for the protec
tion of employees in factories, mills, or workshops where machinery is
used, and providing for the punishment of the violation thereof,’
approved March 6, 1903, and repealing all other acts or parts of acts in
conflict herewith/’ are hereby repealed, except as to any cause of action
which shall have accrued thereunder prior to October 1, 1911.
Effect of repeal.
S e c . 6604-31. If this act shall be hereafter repealed, all moneys
which are in the accident fund at the time of the repeal shall be subject
to such disposition as may be provided by the legislature, and in default
of such legislative provision distribution thereof shall be in accordance
with the justice of the matter, due regard being had to obligations of
compensation incurred and existing.
S e c . 6604-32. [Act in effect.]
[ S e c t i o n s 6604-33 to 6604-46 were added by ch. 28, acts of 1917.]
Medical,etc. aid.
S e c . 6604-33. It is the intent to require the industries of the State
to furnish medical, surgical and hospital care to their injured workmen
and to place the expense thereof upon each industry and upon each
establishment in each industry as near as may be in the proportion
in which it produces injury and creates expense. To this end the
State medical aid board hereinafter created shall divide the in
dustries of the State into five classes representing five degrees in
the causation of injury and consequent expense for the medical, sur
gical, and hospital care thereof, the said classes to be designated,
Classification cf respectively, class A, class B, class C, class D, class E. The indusmdustries.
tries shall be distributed into these classes as follows: In class 0
those industries which produce nearest the average degree of causa
tion and expense; in class A, those which produce nearest onehalf of such average; in class B, those which produce nearest threefourths of such average; in class 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 State medical aid
board shall have the power to make corrections of classifications as be-

TEXT OF LAWS— WASHINGTON.

991

tween classes of industries if and as experience shall show error or inac
curacy therein, and, under and conformably to the foregoing rule of
classification, to lower the classification of any establishment or plant
if and as experience shall show it to maintain such a high standing of
safety or accident prevention as to differentiate it from other like estab
lishments or plants, or to raise the classification of any establishment or
plant if and as experience shall show it to maintain so low a standard
of safety or accident prevention as to justly warrant its being subjected
to a greater contribution to the medical aid fund. 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 State medical aid board upon notice to the interested parties and in
the manner provided in section 6604-20, a review by the courts. The
body of interested workmen may designate in writing in duplicate, one
of them to be the recipient of service upon all of them, one copy to be
posted for local convenience, and the other to be filed with the secretary
of the State medical aid tfoard. In default of any such designation,
service upon any one workman other than the one instituting a com
plaint shall be service upon all.
S e c . 6604-34 (as amended by ch. 129, acts of 1919). A fund is M e d i c a l aid
hereby created in the State treasury to be known as the medical aid
fund. Into it shall be paid by each employer on or before the fifteenth
day of June, 1917, ana on or before the fifteenth day of each month
thereafter for each day’s work or fraction thereof done for him in extrahazardous employment in or during the preceding calendar month the
following amount, to wit: In class A, one cent; in class B, one and onehalf cents; in class C, two cents; in class D, two and one-half cents;
and in class E, three cents. Any such monthly payment in any class
may be omitted for and during any month or months if the State medi
cal aid board shall certify that the accumulated fund is sufficient to
permit such omission. Any monthly payment may be increased by
the State medical aid board if they find, and to the extent to which they
find the fund on hand, together witn the current payments, will be
insufficient to meet the anticipated demands thereon for the ensuing
month. Notice of any such increase shall be mailed to each employer
at least twenty days prior to the date of payment, and shall be com
municated by the employer to his employees. The employer shall
deduct from the pay of each of his workmen engaged in extrahazardous Contributions
work one-half of the amount the employer is required by the foregoing y w men<
provision of this section to pay into said fund for or on account of the
employment of such workman. The collection of the payments in this
section provided for, and the keeping of accounts of collection, shall
be in the hands and within the powers and duties of the State industrial
insurance commission, and the expense of such bookkeeping, collection,
necessary auditing and investigation of pay rolls, shall be paid out of
the administration fund of said commission. The files and records of
the industrial insurance department and those of the State medical aid
board shall be subject to the reasonable use thereof by the other body,
and the industrial insurance department shall furnish the State medical
aid board all data available to the department required by the State
board.
S e c . 6604-35 (as amended by ch. 129, acts of 1919). Upon the
Medical aid to
occurrence, after June 30,1917, of any injury to a workman entitled to be furnished,
compensation under the provisions of said section 6604, other than
section 6604-19, thereof, he shall receive in addition to such compensa
tion, and out of the medical aid fund, proper and necessary medical
and surgical services, at the hands of a physician of his own choice,
if conveniently located, and proper and necessary hospital care and
services during the period of his disability from such injury, but the
same shall be limited in point of duration, as follows: In case of per
manent partial disability not to extend beyond the date when com
pensation shall be awarded him out of the accident fund; in case of
temporary disability not to extend beyond the time when the monthly
allowances to him out of the accident fund shall cease; in case of a
permanent total disability not to extend beyond the date on which a
lump-sum settlement is made with him or he is placed upon the per
manent pension roll. But after any injured workman shall have returned

992

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 .

to his work his medical and surgical treatment may be continued at the
expense of the medical aid fund if, and so long as, such continuation
is deemed by the State board to be necessary to his complete recovery.
In order to authorize said continued treatment in any case the written
order of the State board issued in advance of the continuation shall be
First-aid kits, necessary. Every employer, who employs less than fifty workmen
shall keep at his plant a first-aid kit equipped as required by the State
board with materials for first-aid to his injured workmen. Every
employer, who employs within a radius of one-half mile of any plant
or establishment fifty or more workmen, shall keep there one nrst-aid
station equipped as required by the State board with materials for
first aid to his injured workmen. The maintenance of such first-aid
kits and stations shall be deemed to be a part of any educational
standards established under the provisions of sections 6604-55 and
6604-57. When the injury to any workman is so seribus a to require
his being taken from the place of injury Jo a place of treatment, his
employer shall, at his own expense and without charge against the
medical aid fund, furnish transportation to the nearest place for proper
Artificial mem- treatment. Every workman whose injury shall result in the loss of
berslimb or eye shall be once provided by the* State board at the expense,
not to exceed the sum of one hundred sixty-five dollars ($165) in any
case, of the accident fund, out of which his compensation shall come,
an artificial substitute. Every workman who shall suffer a penetrating
wound of the cornea producing an error of refraction shall be once
provided by his local aid board at the expense of the accident fund,
out ^of which his compensation shall come, proper and properly
equipped lenses to correct such error of refraction, and his disability
rating shall be based upon the corrected result. A workman, whose
injury is of such short duration as to bring him within the provisions
of subdivision I of section 6604-5, shall nevertheless receive during
the omitted period medical, surgical, and hospital care and service
and transportation under the provisions of this section.
M e d i c a l aid
S e c . 6604-36. A board is hereby created to be known as the State
board.
medical aid board, hereinafter designated as the State board, which
shall have power and whose duty it shall be to from time to time
establish and promulgate printed forms, rules, regulations, and prac
tices for the furnishing of such care, treatment, and services to workmen.
Such rules, regulations, and practices may vary between the different
localities and industries, but shall be in accordance with the rule
established in section 6604-33, and with the principle that the injured
workman shall have the most prompt and efficient care and treatment
at the least cost consistent with promptness and efficiency, without
discrimination or favoritism, and with as great uniformity as the various
and diverse [divers] surrounding circumstances and locations of indus
tries will permit. The State board shall make and from time to time
Fee bill.
change as may be, and shall promulgate a fee bill of the maximum
charges to be made by any physician, surgeon, hospital, druggist, or
other agency or person rendering services to injured workmen. No
service covered by such fee bill shall be charged for or paid out of the
medical aid fund at a rate or rates exceeding those specified in such
fee bill, and no#contract providing for greater fees shall be valid as to the
excess. Any interested employer or workman may complain to the
State board against any sucn rule or regulation. A hearing shall be
had on such complaint upon notice to the employer, and upon the
employees in the manner provided in section 6604-33, and from the
decision an appeal will lie to the courts in the manner provided in
section 6604-20.
Duties.
gEc. 6604-37 (as amended by ch. 129, acts of 1919). It shall be the
duty of the State board to supervise and control the administration of
the rules, regulations, and practices promulgated by it and the details
thereof, and it shall have supervisory power over the acts and practices
of the local aid boards.
Salaries.
S e c . 6604-38 (as amended by ch. 129, acts of 1919). The State board
shall consist of three members as follows: Two members shall be
appointed by the governor. Any State-wide association of workmen
whose organization purposes shall first include or be made to include
the making of such nominations and whose membership is open to all

T E X T

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L A W S —

W A S H IN G T O N .

993

classes of workmen engaged in extrahazardous work, may nominate to
the governor two of its members, and one of said nominees shall be
appointed by the governor, and his term of office shall be six years.
Any association of employers, whose organization purposes shall include
or be made to include the making of such nominations, and whose
membership is open to employers of all classes engaged in extrahazardous work, or if there be more than one such association, a com
bination of them may nominate to the governor two of their members,
and one of said nominees shall be appointed by the governor and his
term of office shall be three years. After the expiration of said terms,
and to fill vacancies, the same method of nomination and appointment
shall obtain. After the expiration of said terms the term of office of
each of the said two members shall be six years. The governor shall
notify the proper organizations in advance of any appointment. If
nominations are not made within thirty days following such notifica- Nominations,
tion, the governor shall be free to make his own selection for the office,
except that if there is a member who was appointed without precedent
nomination the new appointee must be of a political party other than
that of the governor. Every member shall serve until his successor is
appointed and qualified. Each of said two members shall receive as
compensation the sum of ten dollars ($10) for each day or part thereof,
not to exceed one hundred days in any calendar year, on which he
shall attend a meeting of the State board, and all members shall also
receive their traveling expenses, all to be paid out of the medical aid
fund upon voucher and audit, as required for other payments out of
said fund.
The third member shall be appointed by the said two members. He Chairman,
must be a physician and surgeon qualified to practice under the laws
of the State. He shall be chairman of the said board. His term of
office shall be six years, He shall receive a salary of five hundred
dollars ($500) per month, payable out of the medical aid fund upon
like vouchers and audit.
The action of a majority of the members shall be the action of the
State board. The State board shall execute its powers in sessions to
be held at the State capitol or at such other place or places as it may
select and so often as it shall determine. Meetings may be called by
any member upon not less than five days’ notice given in writing to
the other members, but previous notice of any meeting attended by $11
three members may be dispensed with.
The State board may employ, and at will discharge, a secretary at a Secretary,
monthly salary to be fixed by them not exceeding two hundred and
fifty dollars ($250), to be paid from the medical aid fund on voucher
and audit. It shall be his duty to attend their meetings, keep a record
of the proceedings thereat, keep on separate file all reports made to
the board, and perform such other services as may be required by the
rules or regulations or by directions given him. The absence of any
member of the State board from any three consecutive regularly called
meetings shall forthwith terminate his term of office and create a
vacancy therein, unless such absence shall be due to his illness or
shall be excused by resolution of the State board passed and entered
of record at one of said three meetings.
The chairman shall devote to the performance of his said duties all
of his time and attention during the office hours of each day, and he
shall not engage in private practice. The State board shall have power
to incur such expense, payable out of the medical aid fund, for clerical
assistance as they shall deem necessary, not to exceed the sum of ten
thousand dollars ($10 ,000) a year.
S e c . 6604-39 (as amended by ch. 130, acts of 1919). Subject always Local boards.
to the rules and regulations established and promulgated by the State
board, the administration of, caring for, treatment, and services to
injured workmen shall be in the hands of local boards to be designated
by the name “ local aid boards” and by numbers corresponding to the
numbers of their respective districts.
S e c . 6604-40 (as amended by ch. 130, acts of 1919). It shall be the Duties of local
duty of each local aid board to provide care and treatment for each boards.
workman injured after June 30, 1917, in extrahazardous employment,
to forthwith report to the State board, and through the State board to
177982°—21—Bull. 272- -63

994

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 .

the industrial insurance commission, the commencement of every
disability and the termination of the same, and each such report shall
be a part of the record of the case in the office of the industrial insurance
commission and shall be taken into consideration in the adjustment or
settlement of the amoun t of the award in the case. Each local aid board
shall also report to the State board the cause of each injury, with recom
mendations for the improvement of the service, and of the administra
tion, and also, subject to the provisions of section 6604-37, to certify
to the State board all bills rendered for care or treatment of injured
workmen, with power to reject any bill or item thereof incurred in
violation of the principle laid down in section 6604-36.
It shall also be the duty of each local aid board to promptly inspect
and analyze all serious accidents to workmen (other than coal miners)
occurring within its district, and to report to the State safety board the
cause of the accident, and to suggest a remedy to prevent repetition of
the same, not only in the establishment in which the accident occurred,
but also in all other like establishments; and, subject to the supervision
in the first instance of the State labor commissioner and secondarily of
the State safety board, to have charge of the educational features of
safety work (other than for coal mining), within its own district. At
the end of each calendar year each local aid board shall issue to the
State safety board a certificate of compliance or noncompliance during
that year of each establishment or employer in its district within its
jurisdiction of the educational standards established for the same.
The State safety board shall have the power of revision of such certifi
cates and shall forthwith issue to the industrial insurance commission
a final certificate of such compliance or noncompliance for each case
for that year.
Right of appeal.
gEC< 6604-41. The injured workman, or anyone connected with his
treatment, or any interested employer, may appeal from any contract
made by, and decision rendered by or any practice or act of the local
aid board to the State board. Any such appeal may be effected by
written or telegraphic notipe to the secretary of the State boara.
Except in cases of medical or surgical emergency, the hearing of such
appeal shall be upon notice given by the secretary or any member of
the State board to the workman under treatment, if there be one, or to
some member of his family, to the employer or employers and employees
interested. The notice to the employees may be given in the manner
provided in section 6604-33. From a decision of the State board an
appeal will lie to the courts as provided in section 6604-20, except that
if the appellant prevails, the fees and costs allowed him in his favor
shall be payable out of the medical aid fund. The question for decision
by the State board or the courts shall be whether or not the matter
complained of is violative of the principle laid down in section 6604-36.
sentatio1"e p r e “
S e c . 6604-42. Any employer who shall knowingly misrepresent the
n
n‘
amount of contribution due from him to, or collected by him for, the
medical aid fund shall be liable to the State in civil action for the
benefit of said fund in ten times the amount attempted to be concealed
or withheld by such misrepresentation, and shall be also guilty of a
misdemeanor.
Any person, firm, or corporation who, not having previously re
ported to the secretary of the State board, shall establish any new
plant or works, or enter upon the performance of any new building
contract or construction contract, and who shall fail to send written
notice thereof to said secretary within five days after such establishing
or entering, shall be guilty of a misdemeanor.
Public work.
S e c . 6604-43. Where the State, county, or municipality is employer or
contractor for work, and in all cases of work done by private contract
or subcontract, the amounts due the medical aid fund shall so far as
C u s t o d y o f practicable, be collectible by the method provided in section 6604-17.
1111 s*
S e c . 6604-44. The State treasurer shall be liable on his official bond
for the safe custody of the moneys of the medical aid fund. All pro
visions of the act referred to in section 6604—26 shall be applied to said
moneys and the handling thereof by the State treasurer.
Contracts
for
S e c . 6604-45 (as amended by ch. 129, acts of 1919). Any conm e a ic a , etc., aid.
ma<j e jn violation of this act shall be invalid, except that any
employer engaged in extrahazardous work may with the consent of a

T E X T

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L A W S ---- W A S H I N G T O N .

majority of his workmen, enter into written contracts with physicians,
surgeons, and/or owners of hospitals operating the same, or with hos
pital associations, for medical, surgical, and hospital care to workmen
injured in such employment by and under the control and administra
tion of and at the direct expense of the employer and his workmen.
Such a contract shall not be assignable or transferable by operation of
law or otherwise except with the consent of the State board indorsed
thereon. Before any such contract shall go into effect it shall be sub
mitted to the State board, and may be disapproved by the State board
when found not to provide for such care of injured workmen as is contem
plated by the provisions of section 6604-36, and if a contract so sub
mitted be with the owner of a hospital operating the same, or with a
hospital association, the State board shall have power to disapprove the
same if in their judgment the ownership or management of such hos
pital or hospital association will not be such as to produce satisfactory
service. Any such contract with physician, surgeon, or owner and
operator of hospital, or with a hospital association, so disapproved
shall no t be valid. Otherwise it shall be approved and take and continu e
in effect for any period of time specified therein, not exceeding three
years from the date of such approval. Every such contract to be valid
must provide that the expenses incident to it shall be borne one-half
by the employer and one-half by the employees, and that it shall be
administered by the two interests jointly and equally. So long as
such contract shall be in effect the subject matter of the contract
shall (except as in this section otherwise provided) be outside of
and not affected by the provisions of sections 6604-33 to 6604-44, in
clusive, and section 6604-46, other than the provisions of section 6604-35
relating to artificial substitutes and lenses and the basis of compen
sation when lenses supplied, and to transportation of injured work
men, and to educational standards of safety, and other than the pro
visions of section 6604-40 relating to the analyses and reports of
accidents by local aid boards, and the employer shall not be required
to make the payments specified in section 6604-34, except that the
employer shall pay monthly into the medical aid fund ten per centum
of the amount he would have been required to pay in that month if
such contract had not been made, and of that ten per centum he shall
collect one-half from his said workmen by proper deduction from the
daily wage of each. During the operation of any such contract any
interested workman may complain to the State board 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 State board shall
sustain the complaint, it may make an order that the contract shall
terminate unless the defect or deficiency complained of shall be
remedied to its satisfaction within a period of time to be fixed in
such order. Notice to the workmen may be effected in the manner
provided in section 6604-33. The employer or any interested work
man may appeal from such decision to the courts in the manner pro
vided in section 6604-20. During the appeal the contract shall remain
in force and operation, but the costs of the appeal shall be paid out
of the medical aid fund only in case the decision of the State board
is reversed by the court. If, during the operation of any such con
tract, any injured workman shall not receive medical or surgical
treatment with reasonable promptness upon the occurrence of his
injury, or at any time during his treatment, his local aid board may
provide such treatment during the emergency at the expense of 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 of an
appeal from such action'of the local aid board. The cost of such
emergency treatment shall not exceed the rates specified in the fee
bill provided by section 6604-36. The acceptance of employment by
any workman shall be and be held to be an acceptance of any existing
contract made under this section to which his employer is a party,
or to the choice of any member of the local board having jurisdiction
of the workmen in such employment, and of any‘contract then existing
entered into by such local board.

Terms.

996

w o r k m e n ’ s c o m p e n s a t i o n LAWS o f THE u n i t e d STATES.

No contract for medical, surgical, or hospital care of injured work
men entered into prior to the time this act shall go into effect shall
be invalidated by anything in this act contained.
Application of
S e c . 6604-46 (as amended by ch. 129, acts of 1919). The
law*
provisions of section 6604-1 to 6604-32, inclusive, shall be ap
plicable to the collection of the medical aid fund, to the powers and
duties of the State and local boards, and to the medical, surgical, and
hospital care of injured workmen only so far as they are not incon
sistent with the provisions of sections 6604—33 to 6604-120, inclusive.
Disbursements for the salaries of the secretary and office employees,
and for the office and printing expenses of the State board, and in
the payment of bills incurred for the medical, surgical, or hospital
care of injured workmen shall be made by warrants drawn against
the medical aid fund by the State auditor upon certificate thereof or
requisition therefor signed by the members of the State board or a
majority thereof.
Collection
of S e c . 6604-47. It shall be unlawful for any employer to directly or inl^oyees. 0m
directly demand or collect from any of his workmen any sum of money
whatsoever for or on account of medical, surgical, hospital, or other
treatment or transportation of injured workmen other than as specified
in sections 6604—34 and 6604-45, and any employer who shall directly
or indirectly violate the foregoing provisions of this section shall be
liable to the State in civil action for the benefit of the medical aid
fund in ten times the amount so demanded or collected, and such
employer and every officer, agent, or servant of such employer know
ingly participating therein shall also be guilty of a misdemeanor.

WEST VIRGINIA.
ACTS OF 1913.
Chapter 10 (as amended by ch. 9, acts of 1915, and ch. 1, acts of 1915,

first extra session).— Compensation of workmen for injuries—State
insurance fund.
S e c t io n 1 . The office of State compensation commissioner is hereby C o m p e n s a
created. The governor, by and with the consent of the senate, shall on g^£er commis
or before the thirty-first day of May, one thousand nine hundred and fif
teen, appoint as State workmen’s compensation commissioner some citi
zen of this State entitled to vote, whose term of office shall begin at the
date of appointment and shall continue for six years and until the succes
sor of sucn commissioner is appointed and qualified, unless he be sooner
removed. An appointment may be made to fill a vacancy or otherwise
when the senate is not in session, but shall be acted upon at the next
session thereof. The person so appointed shall make the oath or
affirmation prescribed by section five of article four of the constitution,
and such oath shall be certified by the person who administers the same
and shall be'filed in the office of the secretary of State. He shall give
bond in the penalty of ten thousand dollars conditioned for the faithful
performance of the duties of his office; which bond shall be approved
by the attorney general as to form, and by the governor as to sufficiency,
and when so approved, shall be filed and recorded in the office of the
secretary of State. The surety of said bond may be a bonding or surety
company, in which case the premium shall be paid out of the approation made for the administration of this act.
(a) The commissioner may be removed by the governor for incom
petency, neglect of duty, gross immorality, or malfeasance in office,
after giving him notice and a copy of the charges and the right to be
heard in an investigation of the truth thereof. A record of the pro
ceedings, including the evidence, shall be kept.
(b) The attorney general shall perform all legal services required by
the commissioner under the provisions of this act.
(c) The commissioner shall hold no position of trust or profit, or
engage in any occupation or business, interfering or inconsistent with
his duties as such commissioner.
(d) The said commissioner shall receive an annual salary of six Salary,
thousand dollars, payable in the same manner as the salaries of other
State officers are paid and charged to the appropriations which shall be
made from time to time hereafter by the State for the administration of
this act.
(e) The commissioner shall have an official seal for the authentication Seal*
of nis orders and proceedings, upon which seal shall be engraved the
words, “ West Virginia Compensation Commissioner,” and such other
design as the commissioner may prescribe; and the courts in this State
shall take judicial notice of the seal of the said commissioner, and in all
cases copies of orders, proceedings, or records in the office of the West
Virginia compensation commissioner certified by the secretary of the
said commissioner under his seal, shall be equal to the original in
evidence.
Until the appointment and qualification of said compensation com
missioner the duties of said compensation commissioner shall be per
formed by the public service commission as is now prescribed by law.
S e c . 2 (as amended by ch. 131, acts of 1919). All expenses peculiar Expenses,
to the admistration of tliis act, including the premiums to be paid for
the bonds of the State treasurer, the State auditor, and the compen
sation commissioner required under this act, and when on official
business the traveling and incidental expenses of the commissioner,
and salaries or other compensation, traveling and other expenses of all
officers or employees of the commissioner, and all expenses for furni
ture, books, maps, stationery, appliances, and property of all kinds,

998

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 st a t e s .

shall be paid out of the workmen’s compensation fund, hereinafter
created, and the sum of one hundred forty thousand dollars per annum,
or so much thereof as may be necessary, is hereby fixed as the amount
to be appropriated out of the said fund for the purpose of paying the
salaries and expenses necessary in the administration of this act.
Charges against
S e c . 3. All payments of salaries and expenses in the administration
fund.
of this act shall be made by the State treasurer upon order or voucher
signed by the secretary and approved by the commissioner, directed
to the auditor of the State who shall draw his warrant therefor, and any
such payment shall be charged to the workmen’s compensation fund:
Provided, That the total charges against said fund under this section
for any one fiscal year shall not exceed the amount appropriated under
section two of this act.
Office hours.
S e c . 4. The offices of the commissioner shall be open for the transac
tion of business between the hours of nine o ’clock a. m. and five o’clock
p. m. of each and every day, excepting Sundays and legal holidays,
and be in charge of his secretary or some other competent person. All
proceedings of the commissioner shall be shown on his record of pro
ceedings, which shall be a public record and shall contain a record of
each case considered and the award with respect thereto and of all
salaries allowed to any employee of the commissioner or to any other
person for services.
S e c . 5. [Repealed.]
D uty of com
S e c . 6 . The commissioner shall keep and maintain his office at the
missioner.
seat of government, and shall provide a suitable room or rooms, necessary
office furniture, supplies, books, periodicals, maps, and other eauipment. After due notice, showing the time and place, the commissioner
may hold hearings anywhere within the State.
As soon as said commissioner ^hall have been appointed and qualified,
all records, books, papers, documents, office supplies, and furniture,
and other effects, appertaining to the administration of the workmen’s
compensation fund, shall be turned over to said commissioner, and
placed in his custody and control, and the workmen’s compensation
fund heretofore created shall thereupon become subject to orders or
vouchers approved by him as hereinafter provided, and from such
Powers.
time he shall have the same jurisdiction, rights, powers, and duties, in
respect to the payment of compensation out of the workmen’s compen
sation fund upon awards theretofore made by the public service com
mission under said chapter ten of the acts of one thousand nine hundred
and thirteen, and the same continuing jurisdiction in respect to awards
theretofore made by said public service commission as was vested by
said chapter ten in the public service commission and is vested by this
act in the said commissioner; and said commissioner shall also have
jurisdiction of all applications for compensation from said fund pend
ing before said public service commission when said commissioner
shall have been appointed and have qualified, and of all applications
for compensation based upon accidents theretofore occurring as if they
had occurred thereafter.
Employees.
S e c . 7. The commissioner may employ a secretary, actuary, account
ants, inspectors, examiners, experts, clerks, stenographers, and other
assistants, and fix their compensation, which shall be paid as provided
in eections two and three of this act. The commissioner, secretary,
actuaries, accountants, inspectors, examiners, experts, clerks, stenog
raphers, and other assistants that may be employed shall be entitled
to receive from the workmen’s compensation fund their actual and
necessary expense while traveling on business of the commissioner.
Such expenses shall be itemized and sworn to by person who incurred
the expense and allowed by the commissioner.
Rules, etc.
S e c . 8 . The commissioner shall adopt reasonable and proper rules
of procedure, regulate and provide for the kind and character of notices,
and the service thereof, in cases of accident and injury to employees
the nature and extent of the proofs and evidence, and the method of
taking and furnishing the same to establish the rights to benefits or
compensation from the fund hereinafter provided for, or directly from
employers as hereinafter provided, as the case may require, the forms
of application of those claiming to be entitled to benefits or compensa
tion therefrom, the method of making investigations, physical exami-

TEXT OF LAWS— WEST VIRGINIA.

999

nations and inspections, and prescribe the time within which adjudi
cations and awards shall be made.
S e c . 9 (as amended by ch. 131, acts of 1919). All persons, firms, Scope of law.
associations, and corporations regularly employing other persons for the
purpose of carrying on any form of industry or business in this State,
county and municipal corporations, the State of West Virginia, and all
governmental agencies or departments created by it, are employers
within the meaning of this act, and subject to its provisions. All per
sons in the service of employers as herein defined and employed by them
for the purpose of carrying on the industry, business or work in which Exem pt emthey are engaged, and check weighmen as provided for in chapter P10^ ^ 8twenty, acts of one thousand nine hundred and eleven, are employees
within the meaning of this act and subject to its provisions: Provided,
That the act shall not apply to employers of employees in domestic or
agricultural service, persons prohibited by law from being employed,
traveling salesmen, to employees of any employer while employed
without the State; nor shall a member of a firm of employers, or any
officer of an association, or of a corporation employer, including mana
gers, superintendents, assistant managers, and assistant superintendents,
any elective official of the State, county or municipal corporation be
deemed an employee within the meaning of this act.
The premiums and all expenses in connection with the election of the Public emgovernmental agencies and departments of the State of West Virginia p yees’
shall be paid out of the State treasury out of the appropriations made
for such agencies and departments, in the same manner as other dis
bursements are made by such agencies and departments.
Municipal corporations shall provide for the funds to pay their pre- Payment of
scribed premiums into the fund, and said premiums and premiums of PrenuumsState agencies and departments shall be paid into the fund in the same
manner as herein provided for other employers subject to this act.
Any employer whose employment in this State is to be for a definite Temporary
or limited period, which could not be considered ‘ ‘ regularly employing’ ’
mess
within the meaning of this act, may elect to pay into the workmen’s
compensation fund the premiums herein provided for, and at the time
of making application to the commissioner, such employer shall furnish
statement under oath showing the probable length of time the employ
ment will continue in this State, the character of the work, an estimate
of the monthly pay roll, and any other information which may be
required by the commissioner. At the time of making application
such employer shall deposit with the State compensation commissioner
to the credit of the workmen’s compensation fund the amount required
by section twenty-four of this act, which amount shall be returned to
such employer if his application be rejected by the commissioner.
Upon notice to such employer of the acceptance of his application by
the commissioner, he shall be an employer within the meaning of this
act, and subject to all of its provisions.
Any foreign corporation employer electing to comply with the pro- Foreign corpovisions of this act and to receive the benefits hereunder, shall at the ratians*
time of making application to the commissioner, in addition to the other
requirements of this act, furnish such commissioner with a certificate
from the secretary of state showing that it has complied with all the
requirements necessary to enable it to legally do business in this State,
and no application of such foreign corporation employer shall be
accepted by the commissioner until such certificate is filed.
For the purpose of this act a mine shall be adjudicated within this ™Mine within
State when the main opening, drift, shaft or slope is located wholly
within this State.
Any employee within the meaning of this act whose employment injuries outside
necessitates his temporary absence from this State in connection with
such employment and such absence is directly incidental to carrying on
an industry in this State who shall have received injury during such
absence in the course of and resulting from his employment, shall not
be denied the right to participate in the workmen’s compensation fund.
An independent contractor who sublets any portion of his contract Contractors,
shall be considered the employer of the employees of any subcontractor
and shall carry on his pay roll the names of such subcontractor’s em
ployees and pay the prescribed premium on their wages during the
period such employees are working under his contract.

1000

w o r k m e n ’s

Information to
be furnished.

COMPENSATION LAWS OF THE UNITED STATES.

Sec. 10. Every employer shall furnish the commissioner, upon
request, all information required by him to carry out the purposes of
this act. The commissioner, or any person employed by the commis
sioner for that purpose, shall have the right to examine under oath any
employer or officer, agent, or employee of any employer.
Blanks.
Sec. 11 . The commissioner shall prepare report blanks for the use of,
and furnish the same to, employers subject to this act; and every em
ployer receiving from the commissioner any blank or blanks with
directions for filling out and returning the same, shall return the same
filled out so as to answer fully and correctly all pertinent questions
therein propounded, and, if unable to do so, shall give good and suf
ficient reasons for such failure. Answers to such questions shall be
verified under oath and returned to the commissioner within the period
D uty of em fixed by the commissioner for such return. Every employer subject to
ployers.
the provisions of this act, who may hereafter elect to pay the premiums
as provided herein, and to receive the benefits hereunder, shall make
application on the forms prescribed by the commissioner for such pur
pose ; and all employers who desire to discontinue the payment of the
premiums required under this act, shall so notify the commissioner on
forms to be furnished by the commissioner for tne purpose.
Power to ad
S e c . 12 . The commissioner, secretary, and every inspector or exam
minister oaths,
iner appointed by the commissioner shall, for the purposes contemplated
etc.
by this act, have power to administer oaths, certify official acts, take
depositions, issue subpoenas and compel the attendance of witnesses,
and the production of pertinent books, accounts, papers, records, docu
ments, and testimony.
Contempt.
Sec. 13. In case of failure, or refusal of any person, to comply with
the order of the commissioner or subpoena issued by him, secretary, or
one of his inspectors, or examiners, or on the refusal of a witness to
testify to any matter regarding which he may be lawfully interrogated,
or refuse to permit an inspection as aforesaid, the circuit judge of the
county in which the person resides, on application of the commissioner,
or any inspector or examiner appointed by him, shall compel obedience
by attachment proceedings as for contempt, as in the case of disobedi
ence of the requirements of a subpoena issued from said court on a
refusal to testify therein.
Sec. 14. Each officer who serves such subpoena shall receive the
same fee as a sheriff, and each witness who appears, in obedience to a
subpoena, before the commissioner, or an inspector, or an examiner,
shall receive for his attendance the fees and mileage provided for wit
nesses in civil cases in the circuit court, which shall be audited and
paid out of the workmen’s compensation fund in the same manner as
other expenses are audited and paid upon presentation of proper
vouchers approved by the commissioner.
No witness subpoenaed at the instance of a party other than the com
missioner, or an inspector, or an examiner, shall be entitled to receive
any fee or mileage out of the workmen’s compensation fund unless the
commissioner shall certify that his testimony was material to the matter
investigated.
Depositions.
S e c . 15. In an investigation the commissioner may cause depositions
of witnesses residing within or without the State to be taken in the
manner prescribed b y law for like depositions as provided for tran
scripts in the circuit court.
Evidence.
Sec. 16. A transcribed copy of the evidence and proceeding or any
specific part thereof, on any investigation, taken by a stenographer
appointed by the commissioner, being certified and sworn to by such
stenographer to be a true and correct transcript of the testimony in the
investigation, or of a particular witness, or of a specific part thereof, or
to be a correct transcript of the proceedings had on such investigation
so purporting to be taken and subscribed, may be received in evidence
by the commissioner with the same effect as if such stenographer were
present and testified to the facts certified. A copy of such transcript
shall be furnished on demand to any party upon payment of the fee
therefor, as provided for transcripts in the circuit court.
Forms.
Sec. 17. The commissioner shall prepare and furnish free of cost
blank forms (and provide in his rules for their distribution so that the
same may be readily available) of applications for benefits for compen-

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sation from the workmen’s compensation fund, or directly from em
ployers, as the case may be, notices to employers, proofs of injury or
death, of medical attendance, of employment and wage earnings, and
such other blanks as may be deemed proper and advisable, and it
shall be the duty of employers to constantly keep on hand a sufficient
supply of such blanks.
S e c . 18 (as amende*! by ch. 131, Acts of 1919). for the purpose of Classes of inthis act the industries that now are or hereafter may be subject thereto dustnesare divided into schedules, as follows:
(a) Coal mines, including their tipples, power, light, heating, and
ventilating plants, tramways, private tracks, and sidings, and accessory
and auxiliary plants working m or with by-products.
(b) Paint manufacturies, oil refineries, oil and gas wells, including
their pipe lines, storage, power, and light plants, tramways, private
tracks and sidings, and accessory and auxiliary plants working in or
with by-products.
(c) Iron and steel mills, including blast furnaces, smelters, tube
works, rolling mills, and their accessory and auxiliary plants working
in or with by-products, generating^ power, light, or heat, or operating
tramways, private tracks, and sidings.
(d) Sheet and tin plate mills, including their accessory and auxiliary
plants working in or with by-products, generating power, light, or heat
or operating tramways, private tracks, and sidings.
(e) Foundries, machine shops, firearms factories, tool factories, car
building and repairing, structural ironworks, and working in or with
iron or steel, not otherwise specified, where power-driven machinery
is used, together with their accessory and auxiliary plants working in or
with by-products, or generating power, light, or heat, or operating
tramways, private tracks, and sidings.
(/) Stamped metal works, can factories, enamel ironworks, and work
ing in or with sheet iron or tin plate, not otherwise specified, where
power-driven machinery is used, together with their accessory and
auxiliary plants working in or with by-products or generating power,
light, or heat, or operating tramways, private tracks, and sidings.
(q) Logging, logging railroads, and tramways, sawmills, including
their accessory and auxiliary plants working in or with by-products, or
generating power, light, or heat, or operating tramways, private tracks,
and sidings.
(h) Planing mills, wood pulp, cordage and paper mills, box factories,
cooperage plants, furniture factories, woodenware or wood fiber ware
manufactories, vehicle works of every kind, including their accessory
and auxiliary plants working in or with by-products, or generating
power, light, or heat, or operating tramways, private tracks, and sidings.
(i) Glasshouses of all kinds, including manufactories of tableware,
bar goods, bottles, tumblers, lamps, »glass light fixture parts, window,
and plate glass; potteries of all kinds, including tile, bricks, terra-cotta,
fire clay, earthenware, porcelain, china and crockery ware usino: auto
matic machinery, together with accessory and auxiliary plants working
in or with by-products, or generating light or heat, or operating tram
ways, private tracks, and sidings.
(&) Printing plants of all kinds, electrotyping, photo-engraving,
engraving, lithographing, embossing, bookbinding, and accessory and
auxiliary lines of work and manufacture.
(I) Woolen mills, knitting mills, cotton mills, carpet and rug mills,
clothing manufactories of every kind and working in or with textiles
not otherwise specified.
(m) Bottling works, canneries of fruits, vegetables, oils, fish, milk
or meat, manufactories of preserves, jellies, ketchup, sauces, relishes,
pickles, flour and feed mills, bakeries, confectioneries, drug and ex
tract manufactories, tobacco, cigar, stogie, and cigarette manufactories,
in which power-driven machinery is used.
(n) Slaughter and packing houses, stockyards, soap, tallow, lard, and
grease manufactories, tanneries, artificial ice and refrigerating and coldstorage plants, creameries and carbon-black factories, in which powerdriven machinery is used.
(o)
Steam laundries, dyeing and cleaning plants, stamping, emboss
ing, and working with leather, shoe and harness manufactories, mat
tress and bedding factories, upholstering factories, manufacturers of

1002

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 .

rubber goods, and auxiliary and accessory lines of work and manufac
ture not otherwise specified.
(p) Steam and other railroads and transportation systems not other
wise specified.
(q) Street and interurban railways, whether propelled by electricity
or other power.
(r) Telegraph and telephone plants and systems, electric light and
power plants and systems, steam heat and power plants and systems,
waterworks systems, gas works and systems, grain elevators, and all
lighting, heating, and power systems not otherwise specified.
(s) Quarries, stone crushers, gravel pits, mines other than coal mines,
and working with asphalt, cement, stone, or other building material
not otherwise specified, power-propelled ferries, sand diggers, and other
water craft.
(t) Such works, occupations, and manufactories specified in the fore
going schedules as are operated without power-driven machinery.
(u) Match factories, powder mills, fireworks factories, and works in
wnich articles of any explosive nature are mixed or manufactured.
(v) Construction,of tunnels, shafts, bridges, trestles, steeples, towers,
grain elevators, tanks, water towers, windmills, subaqueous works, iron
and steel frame structures or parts of structures, blast furnaces, smoke
stacks, cupolas, or chimneys, waterworks and systems, electric lights
and power plants and systems, gas works and systems, installation of
steam boilers, engines, and dynamos, steam railroads, logging railroads,
street railways and systems, boat building with scaffolds, floating docks,
engineering works, structural work on buildings over three stories in
height not otherwise specified, and drilling of wells.
(w) Construction and installation of sewers, fire escapes, freight or
passenger elevators, advertising signs, ornamental metal works on or in
buildings, metal ceilings, plate or window glass, electric wiring, stair
ways, buildings which require galvanized iron or tin work, marble,
stone, or brick work, roof work, slate work, plumbing work, carpenter
work, electric work, installing automatic sprinklers, electric or fire alarm
systems, heating or ventilating systems, or machinery not otherwise
specified, covering steam pipes and boilers, road and street making,
street or other grading, and structural work not otherwise specified.
Ini usJries not (x) Any industry or business not specified in the foregoing schedules,
specified.
for which any employer shall voluntarily apply to the commissioner to
be brought under the provisions of this act; and the commissioner shall
have the authority to classify and place in one of the schedules afore
said, or any schedule created by him as hereinafter mentioned, any
industry or business subject to this act not hereinbefore specifically
mentioned.
R eclassifiThe commissioner shall have the power to reclassify into schedules,
cation.
a£any time, the industries subject to this act, to create additional sched
ules, and to divide any schedule into classes based upon the nature of
employment and the risk of same.
Accounts.
(y) The commissioner shall keep an accurate account of all money or
moneys paid or credited to the compensation fund, and of the liability
incurred and disbursements made against same; and an accurate
account of all money or moneys received from each individual sub
scriber, and of the liability incurred and disbursements made on account
of injuries and death of the employees of each subscriber ; and of the re
ceipts and incurred liability of each schedule and class. .
In fatal cases and permanent disability cases exceeding eighty-five
per centum disability, the amount charged against the employer’s
account shall be such sum as is estimated to be the average cost of such
cases to the fund: Providing, The commissioner decides that the injury
or injuries causing death or permanent disability was received in the
course of and resulting from the employee’s employment.
^Rates^ to be (z) It shall be the duty of the commissioner to fix and maintain the
minimum.
lowest possible rates of premiums consistent with the maintenance of a
solvent workmen’s compensation fund and the creation and mainte
nance of a reasonable surplus in each schedule after providing for the
payment to maturity of all liability incurred by reason of injury or death
to employees entitled to benefits under the provisions of this act. A
readjustment of rates shall be made yearly on the first day of October,
or at any time same may become necessary.

TEXT OF LAWS— WEST VIRGINIA.

1003

The commissioner may fix a rate of premium applicable alike to all
subscribers forming a schedule or class, and such rate shall be deter
mined from the record of such schedule or class as shown upon the books
of the commissioner: Provided, That if any schedule has a sufficient Merit rating,
number of employers with considerable difference in their degrees of
hazard, the commissioner may fix a rate for each subscriber of such
schedule, such rate to be based upon the subscriber’s record on the
books of the commissioner for the twelve months last ending June
thirtieth of the year in which the rate is to become effective; and the
liability part of such record shall include such cases as have been acted
upon by, the commissioner during said twelve months’ period, irre
spective of the date the injury was received; and any subscriber, in a
schedule so rated, whose record for said twelve months’ period can not
be obtained, shall be given a rate based upon his record tor any part of
said period or such rate as may be deemed iust and equitable by the
commissioner; and the commissioner shall have authority to fix a
reasonable minimum and maximum for any schedule to which this
individual method of rating is applied, and to add to the rate determined
from the subscriber’s record such amount as may be necessary to liqui
date any deficit in the schedule or to create a reasonable surplus.
It shall be the duty of the commissioner whenever he changes any N o t i c e of
rate to notify every employer affected thereby of that fact and of the new c ges*
rate and when the same takes effect. It shall also be his duty to furnish
to each employer yearly, or oftener if requested by the employer, a
statement giving the name of each of his employees who were paid for
injury and the amount so paid during the period covered by the state
ment.
S ec. 19 (as amended by ch. 131, acts of 1919). The commissioner shall
,t0 be
establish a workmen’s compensation fund from the premiums and other abllslied*
funds paid thereto by employers as herein provided, for the benefit of
employees of employers that have paid the premium applicable to such
employers and have otherwise complied fully with the provisions of
section twenty-four of this act, and for the benefit of the dependents of
such employees, and for the payment of the administration expenses of
this act, and shall adopt rules and regulations with respect to the collec
tion, maintenance and disbursement of said funds, not in conflict with
the provisions of this act.
Employers electing as herein provided to individually and directly
compensate their injured employees and their fatally injured em
ployees’ dependents, shall do so in the manner prescribed by the com
pensation commissioner and shall make all reports, execute all blanks,
forms and papers as directed by said commissioner and as herein pro
vided in this act.
S e c . 20 (as amended bv ch. 131, acts of 1919). The State treasurer Custody.
shall be the custodian of the workmen’s compensation fund and all
premiums, deposits, or other moneys paid thereto shall be deposited
in the State treasury to the credit of the workmen’s compensation fund
in the manner prescribed in section tw‘enty-four of this act. The work Maintenance.
men’s compensation fund shall consist of the premiums and deposits
provided by this act and all interest accruing thereto upon investments
and deposits in the State depositories, and any other moneys or funds
which may be given, appropriated or otherwise designated or accruing
thereto. Said fund shall be a separate and distinct fund and shall be Accounts.
so kept upon the books and records of the auditor and treasurer and the
State depositories in which any partis deposited. Disbursements from
said fund shall be made upon requisition signed bv the secretary and
approved by the compensation commissioner. The board of public Investm ent.
works shall have authority to invest the surplus, reserve, or other
moneys belonging to the fund in the bonds of the United States, of this
State, of any county, city, town, village, or school district of the State.
No such investment shall be made nor any investment sold or other
wise disposed of without the concurrence of a majority of all members
of the board of public works. It shall be the duty of every county,
school district, or municipality issuing any bonds, to offer the same m
writing to the board of public works, prior [to] advertising the same for
sale^ except such thereof as may have been taken by the trustees of the
sinking fund of the county, district, or municipality, and the board of
public works shall, within fifteen days after receipt of such offer, accept

1004

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 .

the same and purchase such bonds or any portion thereof at par and
accrued interest, or make an offer to purchase the same at such price as
the board named in such offer, or reject such offer. All bonds pur
chased by the board of public works for investment for the workmen’s
compensation fund shall be placed in the hands of the auditor as
the custodian thereof, and it shall be his dtity to keep and account
*
for the same as he keeps and accounts for other securities of the
State, and to collect the interest thereon as the same becomes due and
payable, and the principal when the same is due. No bonds or other
securities shall be purchased by the board of public works until and
unless the attorney general shall investigate the issuance of such bonds
or securities and shall give a written opinion to the board that the same
have been re gu larly issued according to the constitution and laws of
this State, which opinion, if such bonds or securities be purchased shall
be filed with the auditor with such bonds or securities. The auditor
of the State shall give a separate and additional bond in the sum of five
hundred thousand dollars with sureties to bo approved by the governor,
conditioned for the faithful performance of his duties as custodian of
the investment bonds as herein provided.
Bond.
Sec. 21 (as amended by ch. 131, acts of 1919). The treasurer of the
State shall give a separate and additional bond in the sum of two hun
dred thousand dollars with sureties to be approved by the governor,
conditioned for the faithful performance of his duties as custodian of
the workmen’s compensation fund herein provided for.
R em edy.
Sec. 22 (as amended by ch. 131, acts of 1919). Any employer subject
to this act who shall elect to pay into the workmen’s compensation
fund the premiums provided by this act, shall not be liable to respond
in damages at common law or by statute for the injury or death of any
employee however occurring, after such election and during any period
in which such employer shall not be in default in the payment of such
premiums, and shall have complied fully with all other provisions of
this act: Provided, The injured employee has remained in his service
with notice that his employer has elected to pay into the workmen’s
compensation fund the premiums provided by this act. The continua
tion in the service of such employer with such notice shall be deemed
a waiver by the employee and by the parents of any minor employee
of the right of action as aforesaid, which the employee or his or her
parents would otherwise have.
Notice to bo Sec. 23. Each employer electing to pay the premiums provided by
posted.
this act into the workmen’s compensation fund, or electing to make
direct payments of compensation as hereinafter provided, shall post
and keep posted in conspicuous places about his place or places of busi
ness typewritten or printed notices stating the fact that he has made
such election, and the same when so posted shall constitute sufficient
notice to all his employees and to the parents of any minor employees
of the fact that he has made such election.
No employer or employee shall exempt himself from the burden or
waive the benefits of fliis act by any contract, agreement, rule, or regu
lation, and any such contract, agreement, rule, or regulation shall be
pro tanto void.
Premiums.
Sec. 24 (as amended by ch. 131, acts of 1919). For the purpose of
creating such workmen’s compensation fund each employer subject to
this act shall pay the premiums of liability based upon and being such
a percentage of the pay roll of such employer as may have been deter
mined by the commissioner and be then in effect. The premiums shall
be paid monthly on or before the twenty-fifth of each month, for the
preceding month, and shall be the prescribed percentage of the total
earnings of all employees within the meaning of this act, whose work is
within this State, for such preceding month. The minimum premium
to be paid by any employer for any month shall be fifty cents. The
premiums and deposits provided for in this act shall be paid by the
employers to the State compensation commissioner, who shall issue
receipts for all sums so received, mailing the original to the person, firm,
or corporation paying the same, transmitting a copy thereof to the State
treasurer and State auditor, retaining a copy for his own records. All
sums received by the State compensation commissioner as herein pro*•
vided shall be deposited in the State treasury to the credit of the work-

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irien’s compensation fund in the manner now prescribed by law for
depositing money in the State treasury.
Each employer shall make a pay roll report to the commissioner on or
before the twenty-fifth of each month for the preceding month, and such
report shall be on the form or forms prescribed by the commissioner,
and furnish all information required by him.
Failure to pay premiums as herein provided or to make the monthly Failure to pay.
pay roll reports required by the commissioner shall deprive the em
ployer so delinquent of the benefits and protection afforded by this act,
and shall automatically terminate the election of such employer to pay
into the workmen’s compensation fund as herein provided, and such
employer shall be liable to his employees as provided in section twentysix of this act; and the commissioner shall not be required to notify the
delinquent employer of such termination, but he shall notify the em
ployees of such employer thereof in such manner as he may deem best
and sufficient. The termination of election of such delinquent em
ployer shall date from twelve o ’clock p. m. of the last day of the month
in which he fails to pay the premiums or make pay roll reports, as above
provided, for the preceding month.
The employer so delinquent may be reinstated upon application
under such terms as are prescribed by this act, and by the commissioner
hereunder, after the payment into the workmen’s compensation fund
of all unpaid premiums, penalties, and charges. Such reinstatement
shall be m effect from and after the date that the new application is
accepted by the commissioner: Provided, however, That such delin
quent employer shall be entitled to the benefits and protection of this
act until twelve o’clock p. m. of the last day of the month immediately
succeeding the month in which his election is terminated, and his em
ployees shall be entitled to compensation for injuries received during
said period, but not thereafter unless such delinquent employer be
comes reinstated as herein provided,
To insure the payment of the monthly premiums herein provided, Two months’
all employers who have heretofore elected to accept the provisions ox payments.
the workmen’s compensation act shall pay into the workmen’s compen
sation fund, in addition to the premiums provided for, an amount at
least equal to the amount of premiums paid for the last two months.
Any employer hereafter electing to avail himself of the benefits of this
act shall at the time of making application to the commissioner deposit
in the workmen’s compensation fund an amount estimated to be equal
to the amount of the premiums which shall be paid by him for the next
succeeding two months. Any employer whose deposit is less than the
amount of his premiums for the last two months, shall, upon written
request from the commissioner mailed to his address as carried upon the
books of the commissioner by twelve o’clock p. m. of the twenty-fifth
of the month in which request is mailed, pay to the commissioner a
sum sufficient to make his deposit at least equal to the amount of his
premiums for the last two preceding months; and failure of any em
ployer to comply with such written request within the time specified
shall deprive him of the benefits and protection afforded by this act,
and shall automatically terminate his election to pay into the work
men’s compensation fund as herein provided, and such employer shall
be liable to his employees as provided in section twenty-six of this act;
and the commissioner shall not be required to notify the delinquent
employer of such termination, but he shall notify the employees of such
employer thereof in such manner as he may deem best and sufficient.
The termination of election of such employer shall date from twelve
o’ clock p. m. of the last day of the month in which he is notified by the
commissioner that his deposit is not equal to the sum of his premium
tor the last two preceding months. Such employer may be reinstated
upon application under such terms as are prescribed by this act and the
rules of the commissioner. The deposit hereinbefore described shall
be credited to the employer’s account on the books of the commissioner
and used to pay premiums and any other sums due the fund when said
employer becomes delinquent in the payment of sa>me.
Upon withdrawal from the fund or termination'of election of any em W i t h d r a w a l
ployer, he shall be refunded the balance due him of his deposit, after from fund.
deducting all amounts owed by him to the workmen’s compensation

1006

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 .

fund, and the commissioner shall notify the employees of such employer
of said termination in such manner as he may deem best and sufficient.
Disbursements.
S ec . 25 (as amended by ch. 131, acts of 1919). The commissioner
shall disburse the workmen’s compensation fund to the employees of
such employers as are not delinquent in the payment of premiums for
the month in which the injury occurs, and who have otherwise com*
lied fully with the provisions of this act, and which employees shall
ave received personal injuries in this State in the course of and result
ing from their employment, or to the dependents, if any, of such em
ployees in case death has ensued according to the provisions herein
after made; and also for the expenses of the administration of this act,
as provided in section two hereof.
Hernia.
In all claims for compensation for hernia resulting from personal
injury received in the course of and resulting from the employee’s em
ployment, it must be definitely proven to the satisfaction of the com
missioner—
First. That there was an injury resulting in hernia.
Second. That the hernia appeared suddenly.
Third. That it was accompanied by pain.
Fourth. That the hernia immediately followed an injury.
Fifth. That the hernia did not exist prior to the injury for which
compensation is claimed.
All hernia, inguinal, femoral, or otherwise, so proven to be the result
of an injury received in the course of and resulting from the employ
ment, shall be treated in a surgical manner by radical operation. If
death results from such operation, the death shall be considered as
a result of the injury, and compensation paid in accordance with the
provisions of section thirty-three. In nonfatal cases, time loss only
shall be paid, unless it is shown by special examination that the in
jured employee has a permanent partial disability resulting after the
operation. If so, compensation shall be paid in accordance with the
rovisions in section thirty-one with reference to permanent partial
isability.
In case the injured employee refuses to undergo the radical operation
for the cure of said hernia, no compensation will be allowed during the
time such refusal continues. If, however, it is shown that the employee
has some chronic disease or is otherwise in such physical condition
that it is considered unsafe for him to undergo said operation, he shall
be paid as provided in section thirty-one.
Defaulting emSec. 26 (as amended by ch. 131, acts of 1919). All employers sub
ployers.
ject to this act, the State of West Virginia excepted, who shall not have
elected to pay into the workmen’s compensation fund the premiums
provided by this act, or having so elected, shall be in default in the
payment of same, or not having otherwise complied fully with the
provisions of section twenty-four of this act, shall be liable to their
employees (within the meaning of this act) for damages suffered by
reason of accidental personal injuries sustained in the course of employ
ment caused by the wrongful act, neglect, or default of the employer,
or any of the employer’s officers., agents, or employees, and also to the
personal representatives of such employees where death results from
such accidental personal injuries, and in any action by any such em
ployee or personal representative thereof such defendant shall not avail
Defenses abro- himself of the following common-law defenses: The defense of the felgated.
low-servant rule; the defense of the assumption of risk; or the defense
of contributory negligence; and further shall not avail himself of any
defense that the negligence in question was that of some one whose
duties are prescribed by statute.
S e c 27 (as amended by ch. 131, acts of 1919). The commissioner
shall disburse and pay from the fund for such personal injuries to such
employees as may be entitled thereto hereunder as follows:
Medical, etc.,
(a ) Such sums for medical, surgical, and hospital treatment as in
benefits.
the opinion of the commissioner may reasonably be required, not,
however, in any case to exceed the sum of one hundred and fifty dollars:
Provided, That in case an injured employee has sustained such exten
sive injury or injuries that in the opinion of the commissioner an ex
penditure in excess of the above stated amount is just, reasonable, and
necessary, the amount expended for medical, surgical, and hospital

TEXT OF LAWS----WEST VIRGINIA.

1007

treatment may be, but shall not exceed, the sum of three hundred
dollars in any case.
(b) In case of an injured employee having sustained a permanent S p e c i a l treatdisability, and such fact having been so determined by the commis- mcntsioner, the said commissioner may, if in his opinion the per centum
of said disability can be materially reduced or made negligible by
medical or surgical treatment, expend an amount not to exceed the
sum of three hundred dollars in addition to such sum or sums as may
have been expended for medical, surgical, and hospital treatment
under paragraph (a) of this section. No payment shall be made for
such medical or surgical treatment as provided in this paragraph un
less such treatment be duly authorized by the commissioner prior to
the rendering of such treatment.
(c) Payment for such medical, surgical, or hospital treatment au
thorized under paragraph (a) hereof may be made to the injured em
ployee, or to the person or persons who have furnished such service, or
who have advanced payment for same, as the commissioner may deem
proper.
(d) Notwithstanding anything hereinbefore contained, no payment. Contract servshall be made out of the workmen’s compensation fund for medical,ice*
surgical, or hospital treatment for an injured employee, if said employee
be entitled under contract connected with his employment, or by
reason of a subscription list, to medical, surgical, or hospital treatment
without further charge to him.
Sec. 28 (as amended by ch. 131, acts of 1919). Notwithstanding Willful misconanything hereinbefore or hereinafter contained, no employee or de’ etc‘
pendent of any employee shall be entitled to receive any sum from the
workmen’s compensation fund, or to direct compensation from any
employer making the election and receiving the permission mentioned
in section fifty-four hereof, or otherwise under the provisions of this
act on account of any personal injury to or death of any employee caused
by a self-inflicted injury, the willful misconduct, or disobedience to
such rules and regulations as may be adopted by the employer and
approved by the commissioner, and which rules and regulations have
been and are kept posted in conspicuous places in and about the work,
or the intoxication of such employee, or the failure of such employee
to use or make use of any protective or safety appliance or appliances
prescribed by the commissioner and furnished by the employer for the
use of or applicable to such employee.
For the purpose of this act, and to prevent accidents to employees, Rules,
the commissioner may require all employers to adopt rules, which nave
been approved by him, for the protection and safety of their employees
and keep the same posted in conspicuous places in and about the work
and the commissioner may require employers to install, use, or adopt
such protective or safety appliance or appliances as in the commis
sioner’s opinion are necessary for the protection of the employees.
If injury or death result to any employee from the deliberate in- intentional in
tention of his employer to produce such injury or death, the employee, juries,
the widow, widower, child, or dependent of the employee shall have
the privilege to take under this act, and also have cause of action
against the employer as if this act had not been enacted, for any excess
of damages over the amount received or receivable under this act.
S e c . 29 (as amended by chapter 131, acts of 1919). In case death B u r i a l exensues from the injury within the period of one year, reasonable funeral Pensesexpense, not to exceed one hundred and fifty dollars, may be paid
from the fund, payment to be made to the persons who have furnished
the service and supplies, or to the persons who have advanced pay
ment for same, as the commissioner may deem proper, in addition to
such award as may be made to the employee’s dependents.
S e c . 30. If the period of disability does not last longer than one W aitingtim e,
week from the day the employee leaves work as the result of the in
jury, no award shall be allowed, except the disbursement provided
for in sections twenty-seven and twenty-nine.
(a) If the period of disability lasts longer than one week from the
day the employee leaves work as the result of the injury, no award shall
be allowed for the first week of such disability, except the disburse
ment provided for in sections twenty-seven and twenty-nine.

1008

WORKMEN’ S COMPENSATION LAWS OP THE UNITED STATES.

Sec. 31 (as amended by chapter 131, acts of 1919). Where compensation is due an employee under the provisions of this act, such
compensation shall be as provided in the following schedule:
(a)
If the injury causes temporary total disability, the employee
shall receive during the continuance thereof fifty per centum of his
average weekly earnings, not to exceed a maximum of twelve dollars
per week nor to be less than a minimum of frve dollars per week.
(I)
Paragraph (a) of this subdivision shall be limited as follows:
Aggregate award for a single injury causing temporary disability shall be
for a period not exceeding fifty-two weeks: Provided, That in case an
injured employee, by reason of having an ununited fracture, or having
undergone a surgical operation to correct a vicious union following a
fracture, or for the repair of an ununited fracture, or having suffered
an injury to the spine or pelvic bones which is of a temporary nature,
or for an ankylose joint, is disabled for a longer period than fifty-two
weeks, the period which compensation shall be paid may be, but shall
not exceed, seventy-eight weeks.
Permanent
(c) If the injury causes permanent disability, the percentage of
disability.
disability to total disability shall be determined and the award com
puted and allowed as follows:
For a five per centum disability, fifty per centum of the average
weekly earnings for a period of twenty weeks.
For a ten per centum disability, fifty per centum of the average
weekly earnings for a period of forty weeks.
For a fifteen per centum disability, fifty per centum cf the average
weekly earnings for a period of sixty weelss.
For a twenty per centum disability, fifty per centum cf the average
weekly earnings for a period of eighty weeks.
For a thirty per centum disability, fifty per centum of the average
weekly earnings for a period of one hundred and twenty weeks.
For a forty per centum disability, fifty per centum of the average
weekly earnings for a period of one hundred and sixty weeks.
For a fifty per centum disability, fifty per centum of the average
weekly earnings for a period of two hundred weeks.
For a sixty per centum disability, fifty per centum of the average
weekly earnings for a period of two hundred and forty weeks.
For a, seventy per centum disability, fifty per centum of the average
weekly earnings for a period of two hundred and eighty weeks.
For an eighty per centum disability, fifty per centum of the average
weekly earnings for a period of three hundred and twenty weeks.
For an eighty-five per centum disability, fifty per centum of the
average weekly earnings for a period of three hundred and forty weeks.
For a disability from eighty-five to one hundred per centum, fifty
per centum of the average weekly earnings during the remainder of life.
Awards for permanent disability of from two per centum to eightyfive per centum shall be computed on the basis of four weeks’ compensa
tion for each per centum of disability determined.
Maiming*
(d) If the injury results in the total loss by severance of any of the
members named in this paragraph, the percentage of disability shall
be determined in accordance with the following table, and award
made as provided in paragraph (c) of this section:
The loss of a great toe shall be considered a ten per centum disability.
The loss of a great toe (one phalange) ehall be considered a five per
centum disability.
The loss of other toes shall be considered a four per centum disability.
The loss of other toes (one phalange) shall be considered a two per
centum disability.
The loss of all toes shall be considered a twenty-five per centum
disability.
The loss of forepart of foot shall be considered a thirty per centum
disability.
The loss of foot shall be considered a thirty-five per centum dis
ability.
The loss of leg shall be considered a forty-five per centum disability.
The loss of thigh shall be_ considered a fifty per centum disability.
The loss of thigh at hip joint shall be considered a sixty per centum
disability.

Temporary
disability.

TEX T OF L A W S ---- W EST V IR G IN IA .

1009

• The loss of little or fourth finger (one phalange) shall be considered
a three per centum disability.
The loss of little or fourth finger shall be considered a five per centum
disability.
The loss of ring or third finger (one phalange) shall be considered
a three per centum disability.
The loss of ring or third finger shall be considered a five per centum
disability.
The loss of middle or second finger (one phalange) shall be considered
a three per centum disability.
The loss of middle or second finger shall be considered a seven per
centum disability..
The loss of index or first finger (one phalange) shall be considered a
six per centum disability.
The loss of index or first finger shall be considered a ten per centum
disability .
The loss of thumb (one phalange) shall be considered a twelve per
centum disability.
The loss of thumb shall be considered a twenty per centum disability.
The loss of thumb and index finger shall be considered a thirty-two
per centum disability.
The loss of index and middle finger shall be considered a twenty per
centum disability.
The loss of middle and ring finger shall be considered a fifteen per
centum disability.
The loss of ring and little finger shall be considered a ten per centum
disability.
The loss of thumb, index, and middle finger shall be considered a
forty per centum disability.
The loss of index , middle, and ring finger shall be considered a thirty
per centum disability.
The loss of middle, ring, and little finger shall be considered a twenty
per centum disability.
The loss of four fingers shall be considered a thirty-two per centum
disability.
The loss of hand shall be considered a fifty per centum disability.
The loss of fore arm shall be considered a fifty-five per centum dis
ability.
The loss of arm shall be considered a sixty per centum disability.
(e) The total loss of one eye, or the total and irrecoverable loss of the Eye.
sight thereof shall be considered a thirty-three per centum disability,
and the injured employee shall be entitled to compensation for a period
of one hundred and thirty-two weeks.
For the partial loss of vision in one, or both eyes the percentage of
disability shall be determined by the commissioner, using as a basis
the total loss of one eye.
' ( / ) The award for permanent disabilities intermediate to those fixed Other injuries.
by the foregoing schedule and permanent disability of from five per
centum to eighty-five per centum shall be in the same proportion and
shall be computed and allowed by the commissioner.
(g) The percentage of all permanent disabilities other than those
enumerated in paragraphs (c), (d), (e), and ( / ) of this section shall be deter
mined by the commissioner, using as a basis the loss of an arm at or
above the elbow, and award made in accordance with the schedule in
paragraph (c).
(h) Compensation payable under any paragraph of this section shall Maximum and
be limited as follows: Not to exceed a maximum of twelve dollars per minimum.
week, nor to be less than a minimum of five dollars per week.
(i) An injury resulting in temporary total disability for which com Awards to be
pensation is awarded under paragraph (a) of this section, and such considered.
injury is later determined a permanent partial disability under para
graph (r.), the amount of compensation so paid shall be considered as
payment of the compensation payable for such injury in accordance
with the schedule in paragraph (c). Compensation under this section
shall be payable only to the injured employee, and the right thereto
shall not vest in his estate, except such compensation as may have
accrued to the date of his or her death.
177982°—21—Bull. 272------ 64

1010
Total
ties.

Death.

W O R K M E N 'S C O M P E N SA TIO N L A W S OF T H E U N IT E D STATES.

disabili-

(j) The following permanent disabilities shall be conclusively pre
sumed to be total in character: Loss of both eyes or the sight thereof;
loss of both hands or the use thereof ; an injury resulting in practically
total paralysis.
In all other cases permanent disability shall he determined by the
commissioner in accordance with the facts in the case, and award made
in accordance with the schedule in paragraph (c).
Sec. 32. [Repealed.]
Sec. 3& (as amended by ch. 131, acts of 1919). In case the personal
injury causes death within the period of one year from the date of
original injury and disability is continuous from date of such injury
until date of death the benefits shall be in the amounts, and to the
persons, as follows:
(а) If there be no dependents the disbursements shall be limited to
the expense provided for in sections twenty-seven and twenty-nine of
this act.
( б) If the deceased employee be under the age of twenty-one years
and unmarried and leave a wholly dependent father or mother, the
father, or, if there be no father* the mother shall be entitled to a payment
of fifty per centum of the average weekly wages of the deceased em
ployee not to exceed a maximum of six dollars per week, to continue
for such portion of the period of six years after the date of death as the
commissioner in the case may determine: Provided, however, That in
case the deceased employee be under the age of fifteen years at the
time of death, payment shall continue until such employee would
have been twenty-one years of age.
Compensation in either case to cease upon the death of the dependent.
(e)
If th e deceased e m p lo y e e b e u n d e r th e age of tw e n ty -o n e an d

unm arried an d le a v e a p a r tia lly d e p e n d e n t father or m o th e r, th e
father, or, if there b e n o father, th e m oth er sh a ll b e e n title d to a p a y
m e n t of fifty per c e n tu m of th e average w e e k ly w ages, n o t to e x c e e d a
m a x im u m of s ix dollars per w e e k , to c o n tin u e u n til th e e m p lo y e e
"W o u ld h a v e b e e n tw e n ty -o n e years of age.

(d) If the deceased employee leaves a dependent widow or invalid
widower, the payment shall be twenty dollars per month until death
or remarriage of such widow or widower, and in addition five dollars
per month for each child under fifteen years of age, to be paid until
such child reaches such age: Provided, If such widow or invalid
widower shall remarry within two years from date of the death of such
employee, such widow or widower shall be paid at the time of remarriage
twenty per centum of the amount that would be due for the period
remaining between the date of such remarriage and the end of ten
years from the date of death of said employee: Provided, further, That
if upon investigation it shall be ascertained that said widow or widower
is living with a man or woman, as the case may be, as man and wife
and not married, or the widow living a life of prostitution, the com
missioner shall stop the payment of the benefits herein provided to
said widow or widower.
(e) If the deceased employee be an adult and there be no dependent
widow or widower, or child under fifteen years of age, but there are
wholly dependent persons at the time of death, the payment shall be
fifty per centum of the average monthly support actually received
from the employee during the preceding twelve months, to continue
for the remainder of the period between the date of death and six years
after the date of injury, and shall not amount to more than a maximum
of twenty dollars per month.
( / ) If the deceased employee be an adult and there be no dependent
widow, widower or child under fifteen years of age, or wholly dependent
persons, but there are partly dependent persons at the time of death,
the payment shall be fifty per centum of the average monthly support
actually received from employee diflring the preceding twelve months,
and to continue for such portion of the period of six years after the
date of death as the commissioner in the case may determine, and not
to amount to more than a maximum of twenty doll are per month.
Compensation under subsections (e) and (/) hereof shall cease upon the
death of the dependent, and the right thereto shall not vest in his or
her estate.

1011

TE X T OF L A W S — W EST V IR G IN IA .

(g)
Dependent, as used in this act, means a widow, invalid widower, Dependent*.
child under fifteen years of age, invalid child aver such age, or a posthu
mous child who, at the time of the i n j u r y causing death, is dependent
in whole or in part for his or her support upon the earnings of the
employee; also the following persons who are and continue to be resi
dents of the United States or its territorial possessions: Stepchild under
fifteen years of age, child under fifteen years of age legally adopted prior
to the injury causing death; father, mother, grandfather, or grand
mother who,, at the time of the inj.ury causing death, is dependent in
whole or in part for his or her support upon the earnings of the employee:
an invalid brother or sister wholly dependent for his or her support
upon the earnings of the employee at the time of the injury causing
death.
P a y m e n t of
S e c . 3 4 . The benefits, in case of death, shall be paid to such one or
more dependents of the decedent, or to such other persons, for the death benefits.
benefits of all of the dependents, as may be determined by the com
missioner, who may apportion the benefits among the dependents in
such manner as he may deem just and equitable. Payment to a depend
ent subsequent in right may be made if the commissioner deems proper,
and shall operate to discharge all other claims therefor.
Duty of recip
S e c . 3 5 . The dependent or person to whom benefits are paid shall
apply the same to the use of the several beneficiaries thereof according ient.
to their respective claims upon the decedent for support, in compliance
with the finding and direction of the commissioner.
Spouses living
S e c . 36 (as a m e n d e d b y c h . 131, a c ts o f 1919). N o tw ith sta n d in g a n y
th in g h e re in c o n ta in e d no su m sh a ll b e p a id a w id ow or w id ow er w ho
sh a ll h a v e b e e n liv in g separate an d apart from , or has b e e n a b an d on ed
b y th e e m p lo y e e , an d w h o sh a ll n o t h a v e b e e n su p p o rte d b y h im or
h e r a t th e tim e of th e in ju r y causing de ath .
S e c . 37 (as amended by ch. 131, acts of 1 9 1 9 ). The a\ erage weekly

apart.

Computi ng

wage or earnings of the injured person at the time of the injury shall wages.
be taken as the basis upon which to compute the benefits. The time of
injury within the meaning of this section shall be such reasonable length
of time immediately preceding the date of injury as shall enable the
commissioner to make a fair and just award.
Sec. 38. [Repealed.]
Claims,
S e c . 39 (as amended by ch. 131, acts of 1 919). To entitle any em
ployee or dependent of a deceased employee to compensation under
this act the application therefor must be made on form or forms pre
scribed by the commissioner and filed in the office of the commissioner
within six months from and after the date of injury or death, as the case
may be, and all proofs of dependency in fatal cases must be filed with
the commissioner within nine months from and after the date of death:
Providedr That in case the employer fails to report an injury within
six months from and after the date such injury is received the commis
sioner may, in his discretion, accept an application for compensation
filed after the expiration of six months as above provided and award
compensation to an employee who would have been so entitled had
the injury been reported and application filed within the prescribed
period of six months. Nonresident aliens may be officially represented N on re si dent
by the consular officers of the country of which such aliens may be aliens.
citizens or subjects: Provided, That nothing herein contained shall be
construed as giving such consular officer the right to make application
for compensation in behalf of nonresident aliens.
Review.
S e c . 4 0 . The power and jurisdiction of the commissioner over each
case shall be continuing, and he may from time to time make such
modification or change with respect to former findings or orders with
respect thereto as, in his opinion, may be justified.
Lump sums.
S e c . 41. The commissioner, under special circumstances and when
the same is deemed advisable, may commute periodical benefits to one
or more lump-sum payments.
Attachments,
S e c . 42 (as amended by ch. 131, acts of 1919). Compensation shall
be paid only to or for the use of such employees or their dependents as etc.
hereinbefore provided and shall be exempt from all claims of creditors
and from any attachment, execution, or assignment. Payments may
be made in such periodical installment as may seem best to the com
missioner in each case.

1012

W O R K M E N ’ S C O M P E N SA TIO N L A W S OF T H E U N IT E D STATES.

S e c . 43 (as amended by ch. 131, acts of 1919). The commissioner
ghall have full power and authority to hear and determine all questions
within his jurisdiction, and to review the action of any employer taken
under section fifty-four thereof, and the decision of the commissioner
thereon shall be final: Provided, In case the final action of said com
missioner denies the right of the claimant to receive compensation
from the fund or directly from the employer, as the case may be, on the
ground that the injury was self-inflicted, or on the ground that the
injury was not received in the course of and resulting from his employ
ment, or upon any other ground going to the basis of the claimant’s
rights, then the claimant may, within ninety days after notice of the
final action of such commissioner, apply for an appeal to the supreme
Appeals.
court of appeals. The appellant shall file a petition before said
supreme court of appeals against such commissioner as defendant,
within said period of ninety days, and the commissioner shall be noti
fied by the clerk of said court, forthwith, of the filing of such petition
for appeal.* And the commissioner shall within ten days after the
receipt of such notice file with the clerk of said court the record of such
proceedings before the commissioner, including a transcript of the
evidence. The court, or any judge thereof, may thereupon decide
whether an appeal shall be granted or not, and if a nonresident of the
State be granted such appeal he shall execute and file before the clerk
of said court, before such appeal becomes effective an appeal bond
with surety to be approved by said clerk conditioned to pay all costs
which may be awarded against him on such appeal. If granted, the
commissioner and the claimant or the claimant’s attorney shall be
notified of the fact by mail. If an appeal is granted the case shall be
tried by said court in the same manner as other cases before it, save and
except that neither the record nor briefs need be printed, and that
every such appeal granted prior to thirty days before the beginning of
any term shall be on the docket for such term, and such appeals shall
have precedence over other cases on such docket. The attorney gen
eral, without extra compensation, or other counsel if the commissioner
sees fit to employ the same, shall represent the commissioner on such
appeal. The supreme court on such appeal shall determine the right
of the claimant and certify its decision to the commissioner, and, if it
determines the right in his favor, the commissioner shall fix his com
pensation within the limits and under the rules prescribed in this act.
The cost of such proceedings, including a reasonable attorney’s fee,
not exceeding one hundred dollars, to the claimant’s attorney, to be
Fees, etc.
fixed by the court, shall be taxed against the unsuccessful party. No
fees, expenses, or costs shall be paid out of any compensation awarded.
Procedure.
S e c . 44 (as amended by ch. 131, acts of 1919). The commissioner
shall not be bound by the usual common law or statutory rules of evi
dence, but shall adopt formal rules of practice and procedure as herein
provided, and may make investigations in such manner as in his judg
ment is best calculated to ascertain the substantial rights of the parties
and to carry out the provisions of this act.
Expenditures.
S e c . 45. The commissioner may make necessary expenditures to
obtain statistical and other information to establish the classes pro
vided for in section eighteen.
Reports.
S e c . 46. Annually on or about the fifteenth day of September in each
year the commissioner, under oath, shall make a report as of the thir
tieth day of June, to the governor, which shall include a statement of
the number of awards made by him, and a general statement of the
causes of the accidents leading to the injuries for which the awards
were made; a detailed statement of all disbursements, and the condi
tion of the fund, together with any other matters which such commis
sioner deems it proper to call to the attention of the governor, including
any recommendations he may have to make, and the commissioner,
whenever required by the governor, shall report to him as to any desig
nated subject or matter, and furnish such information as may be required.
S e c . 47. [Repealed.]
Deputy.
S e c . 48. Whenever it shall appear that the commissioner will be
absent or unable to act for one week or more, the secretary of the com
missioner may be designated by the commissioner to act during his
absence or inability to act, and during such period he shall have all
the duties and powers of the commissioner.

Decisions
commissioner,

T E X T OF L A W S — W E ST V IR G IN IA .

1013

S e c . 49. Any person, firm, or corporation knowingly failing to make Failure to reany report or perform any duty required by the commissioner within port*
the time specified, shall be guilty of a misdemeanor, and upon convic
tion thereof shall be punished by a fine of not more than twenty-five
hundred dollars. Any person, or firm, or the officer of any corporation
who knowingly makes a false report or statement under oath, or affi
davit respecting any information required by the commissioner, or
who shall knowingly testify falsely in any proceeding before the com
missioner, shall be deemed guilty of perjury, and upon conviction
thereof shall be punished as provided by law.
Sec. 50. Any person who shall knowingly secure or attempt to secure Mi s r e p r e larger compensation, or compensation for a longer term than he is enti- se
ns‘
tied to, from said workmen’s compensation fund, or knowingly secure
or attempt to secure compensation from said fund when he is not enti
tled to any, shall be deemed guilty of a misdemeanor and upon con
viction thereof shall be fined not exceeding five hundred dollars or
imprisoned not exceeding twelve months, or both, in the discretion of
the court, and shall, from and after such conviction, cease to receive
any compensation from such fund.
Sec. 51 (as amended by ch. 131, acts of 1919). Whenever there shall in v estm en t
be in the State treasury any funds belonging to the workmen’s compen- etc*>
.
sation fund not likely, in'the opinion of the commissioner, to be re
quired for immediate use, it shall be the duty of the board of public
works to invest the same as prescribed in section twenty hereof.
Whenever it may become necessary or expedient to use any of the
funds so invested, the board of public works at the direction of the
compensation commissioner shall collect, sell, or otherwise realize upon
any investment to the amount deemed necessary or expedient to use.
Sec. 52 (as amended by ch. 131, acts of 1919). In case any employer Interstate comwithin the meaning of this act is also engaged in interstate or foreign mercecommerce, and for whom a rule of liability or method of compensation
has been or may be established by the Congress of the United States,
this act shall apply to him only to the extent that his mutual connec
tion with work in this State is clearly separable and distinguishable
from his interstate work, and in such case such employer and any of
his employees thus engaged in both intrastate and interstate work
may, with the approval of the commissioner, elect to pay into the fund
the premiums provided by this act on account of work done in this
State only, by filing written acceptances, or a joint election with the
commissioner, and such election when filed and approved by the
commissioner shall subject the acceptor irrevocably to the provisions
of the act to all intents and purposes as if they had been originally in
cluded in its terms. Payments of premiums shall be on the basis of
the pay roll of the employees who accept as aforesaid, for work done in
this State only.
Sec. 53. If any employer shall be adjudicated to be outside the Persons out
lawful scope of this act, the act shall not apply to him or his employee;
e
or if any employee shall be adjudicated to be outside the lawful scope
of tnis act because of remoteness of his work from the hazard of his
employer’s work, any such adjudication shall not impair the validity
of this act in other respects, and in every such case an accounting in
accordance with the justice of the case shall be had of moneys received.
If the provisions of this act for the creation of the fund, or the provi
sions of this act making the compensation to the employee provided
in it exclusive of any other remedy on the part of the employee shall
be held invalid, the entire act shall be thereby invalidated and an
accounting according to the justice of the case shall be had of money
received. In other respects an adjudication of invalidity of any part Provisions sevof this act shall not affect the validity of the act as a whole or any part erable*
thereof.
S e c . 5 4 . N o tw ith sta n d in g a n y th in g c o n ta in e d in th is a c t, e m p loye rs
su b je c t to th is a c t w ho are of su fficien t fin a n cial resp o n sib ility to
insure th e p a y m e n t of c om p en sation to in ju re d e m p lo y e e s and th e
d e p e n d e n ts of fa ta lly in ju re d e m p lo y e e s, w h eth er in th e "form of p e c u
n iary c om p en sation or m ed ic a l a tte n tio n , funeral e x p e n se s or other
w ise as herein p ro v id e d , of th e v a lu e at least e q u a l to th e com p en sation
p ro v id e d in this act, or e m p loye rs of su ch financial resp o n sib ility ,

Self-insurance,

1014

w o r k m e n ’ s c o m p e n s a t i o n LAWS OF t h e u n i t e d s t a t e s .

who maintain their own benefit funds or systems of compensation, to
which their employees are not required or permitted to contribute, or
such employers as shall furnish bond or other security to insure such
payments, may, upon a finding of such facts by the compensation
commissioner, elect to pay individually and directly or from such
benefit funds, department, or association the said compensation and
expenses to injured employees or fatally injured employees’ dependSecurity.
ents; and the compensation commissioner shall require such security
or bond from said employer to be approved by him and of such amount
as is by him considered adequate and sufficient to compel or secure to
said employees, or their dependents, payment of the compensation
and expenses herein provided for, which shall in no event be less than
the compensation paid or furnished out of the State workmen’s com
pensation fund in similar cases to injured employees or the dependents
of fatally injured employees whose employers contribute to said fund:
Protided,' That any employer electing under this section shall, on or
before the twenty-fifth day of each month, for the preceding month,
file with the commissioner a sworn statement of the total earnings of all
his employees subject to this act for such preceding month and shall
pay into the workmen’s compensation fund a sum sufficient to pay his
proper proportion of the expense of the administration of this act. as
may be determined by the commissioner. The commissioner shall
make and publish rules and regulations governing the mode and man
ner of making application and the nature and extent of the proof
required to justify the finding of facts by said commissioner, to con
sider and pass upon such election by employers subject to this act,
which said rules and regulations shall be general in their application;
and any employer subject to this act who shall elect to carry his own
risk and who has complied with the requirements of this section and
the rules of the compensation commissioner, shall not be liable to reKemedy
ex- spond in damages at common law or by statute for the injury or death
c usive.
0f any employee, however occurring, after such election and during
the priod that he is allowed to carry his own risk, by said commissioner:
Prodded, The injured employee has remained in his service with
notice given, as provided for in section twenty-three of this act, that
his employer has elected to carry his own risk as herein provided. The
continuation in the service of such employer with such notice shall be
deemed a waiver by the employee and by the parents of any minor
employee of the right of action, as aforesaid, which the employee or his
or her parents would otherwise have: And provided further, That any
Employer in- employer whose record upon the books of the public service commisdebted to fund. sion or compensation commissioner shows a liability against the work
men’s compensation fund, incurred on account of injury to or death of
any of his employees, in excess of premiums paid by said employer,
shall not be granted the right to individually and directly or from such
such benefit funds, department, or association, to compensate his
injured employees and the dependents of his fatally injured employees
until he has paid into the workmen’s compensation fund the amount of
said excess of liability over premiums paid, including his proper pro
portion of the liability incurred on account of explosions or catas
trophes occurring within the State and charged against said fund:
Payment
of And provided further, That in any case under the provisions of this
benefits. 110 section that shall require the payment of compensation or benefits by
an employer in periodical payments, and the nature of the case makes
it possible to compute the present value of all future payments the
commissioner may, in his discretion, at any time, compute and per
mit or require to be paid into the workmen’s compensation fund an
amount equal to the present value of all unpaid compensation for
which liability exists, in trust; and thereupon such employer shall
be discharged from any further liability upon such award, and pay
ment of the same shall be assumed by the workmen’s compensation
fund.
Approved February 22, 1913.

WISCONSIN.
ACTS OF 1917.
Ch a p t e r

624,—Liability of employers for injuries— Workmen’s
compensation.

[This act amends ch. 599, acts of 1913, codified as sections 2394-1 to
2394-31 of the Wisconsin Statutes. The act is as follows:]
S e c t io n 1 . Sections 2394-1 to 2394-31, inclusive, are codified and
amended to read:
S e c . 2394-1 (as a m e n d e d b y c h . 457, acts of 1919). 1 . In a n y action to . Defenses abolrecover dam ages for a personal in ju ry sustained w ith in th is S tate b y an
e m p lo y e e w h ile engaged in th e lin e of h is d u ty as su ch , or for d eath
resu ltin g from personal in ju ry so sustained, in w h ic h recov ery is sought
u p o n th e ground of w an t of ordinary care of th e e m p lo y e r, or of an y
officer, agent, or servant of th e e m p lo y e r, it shall not b e a d e fe n se :

( 1) That the employee either expressly or impliedly assumed the
risk of the hazard complained of.
(2 ) When such employer has at the time of the injury, in a common
employment three or more employees, that the injury or death was
caused in whole or in part by the want of ordinary care of a fellow
servant.
(3) When such employer has at the time of the injury, in a commom
employment three or more employees, that the injury or death was
caused in whole or in part by the want of ordinary care of the injured
employee where such want of ordinary care was not willful.
2. Any employer who has elected to pay compensation as hereinafter provided shall not be subject to the provisions of this section
2 39 4 -1 •

? when,

Who exempt,

3. Subdivisions (1), (2 ), and (3) of subsection 1 of section 2394-1 of
the statutes shall not apply to farm labor.
S e c . 2394-2. No contract, rule or regulation shall exempt the em- Waivers,
ployer from any of the provisions of section 2394-1.
S ec . 2394-3. Liability for the compensation hereinafter provided for Compensain lieu of any other liability whatsoever, shall exist against an employer
ay a ble
for any personal injury accidentally sustained by his employee, and for
his death, in those cases where the following conditions of compensation
concur:
( 1) Where, at the time of the accident, both the employer and em
ployee are subject to the provisions of sections 2394-3 to 2394-31,
inclusive.
(2 ) Where, at the time of the accident, the employe* is performing
service growing out of and incidental to his employment.
Every employee going to and from his employment in the ordinary
and usual way , while on the premises of his employer, shall be deemed
to be performing service growing out of and incidental to his employ
ment.
(3) Where the injury is proximately caused by accident, and is not
intentionally self-inflicted.
And where such conditions of compensation exist for any personal Remedy excluinjury or death, the right to the recovery of such compensation pur- slve‘
ant to the provisions of sections 2394-3 to 2394-31, inclusive, and acts
amendatory thereof, shall be the exclusive remedy against the em
ployer for such injury or death; in all other cases, the liability of the
employer shall be the same as if this and the succeeding sections of sec
tions 2394-3 to 2394-31, inclusive, had not been passed, but shall be
subject to the provisions of sections 2394-1 and 2394-2.
S e c . 2394-4. The following shall constitute employers subject to the
Who are oiuproAisions of sections 2394-3 to 2394-31, inclusive, within the meaning pyers'
of section 2394-3:
(!) The State, and each county, city, town, village, and school dis
trict therein.
1015

1016

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

law s

the

u n it e d

states.

(2)
Every person, firm, and private corporation (including any public-service corporation), who has any person in service under any con
tract of hire, express or implied, oral or written, and who, at or prior to
the time of the accident to the employee for which compensation under
sections 2394-3 to 2394-31, inclusive, may be claimed, shall, in the
manner provided in section 2394-5, have elected to become subject to
the provisions of sections 2394-3 to 2394-31, inclusive, and who shall
not, prior to such accident, have effected a withdrawal of such election,
in the manner provided in subsection 1 of section 2394-5.
S e c . 2394-5. 1 . Such election on the part of the employer shall be
made by filing with the industrial commission, a written statement to
the effect that he accepts the provisions of sections 2394-3 to 2394-31,
inclusive, the filing of which statement shall operate, within the mean
ing of section 2394—4, to subject such employer to the provisions of sec
tions 2394-3 to 2394-31, inclusive, for the term of one year from the
date of filing such statement and until the first day of July following,
and thereafter, without further act on his part, for successive terms of
one year each, beginning July first of each year, unless such employer
shall, at least thirty days prior to the first day of July of any year, file
in the office of said commission a notice in writing to the effect that he
desires to withdraw his election to be subject to the provisions of sec
tions 239^-3 to 2394-31, inclusive.
Election pr e2. If an employer shall at any time after August 31, 1917, have three
sumed.
or m0re employees in a common employment, he shall be deemed to
have elected to accept the provisions of sections 2394-3 to 2394-31,
inclusive, unless prior to that date such employer shall have filed with
the industrial commission a notice in writing to the effect that he elects
not to accept the provisions hereof: Provided, That any employer com
mencing business subsequent to August 31,1917, may make his election
not to become subject to sections 2394-3 to 2394-31, inclusive, at any
time prior to becoming an employer of three or more employees in a
common employment. Such employer may withdraw from the provi
sions of sections 2394-3 to 2394—31, inclusive, in the manner provided in
subsection 1 of section 2394-5. The provisions of this subsection shall
not apply to farmers or to farm labor.
c o n t r a c tors’ S ec . 2394-6. An employer subj ect to the provisions of sections 2394-3
employees,
to 2394-31, inclusive, shall be liable for compensation to an employee
of a contractor or subcontractor under him who is not subject to sections
2394-3 to 2394-31, inclusive, or who has not complied with the condi
tions of subsection 2 of section 2394-24 in any case where such employer
would have been liable for compensation xf such employee had been
working directly for such employer. The contractor or subcontractor
shall also be liable for such compensation, but the employee shall
not recover compensation for the same injury from more than one
party. ^ The employer who shall become liable for and pay such com
pensation may recover the same from such contractor or subcontractor
for whom the employee was working at the time of the accident.
Section 2394r-6 shall be in force as to all contracts made subsequent to
August 13 [31], 1913.
Who are emS e c . 2394-7 (as amended by ch. 577, acts of 1919). The term ‘‘ em
ployees.
ployee” as used in sections 2394-1 to 2394-31, inclusive, shall be con
strued to mean:
Public employ( l) Every person in the service of the State, or of any county, city,
menttown, village, or school district therein under any appointment, or con
tract of hire, express or implied, oral or written, except any official of
the State, or of any county, city, town, village, or school district there
in. No officer of the State who is subject to the direction and control
of any superior officer or officers of the State, and except as provided in
subdivision (2 ) no officer of any county, city, town, village, or school
district in the State, who is subject to the direction and control of a
superior officer or officers of such county, city, town, village, or school
district, while engaged in the performance of duties for which no re
muneration is received from any other source than the State, or from
such county, city, town, village, or school district, shall for the purposes
of sections 2394-3 to 2394-31, inclusive, be deemed an official. The
State and any county or municipality may require a bond from a con
tractor to protect the State, county, or municipality against compensa-

TEXT OF L A W S ---- W IS C O N S IN .

1017

tion to employees of such contractor or employees of a subcontractor
under him.
(2 ) Sheriffs, deputy sheriffs, constables, marshals, policemen and
firemen shall be deemed employees within the meaning of subdivision
( 1) of section 2394-7: Provided, That any policeman or fireman claim
ing compensation under sections 2394-3 to 2394-31, inclusive, shall
have deducted from such compensation any sum which such police
man or fireman may receive from any pension or other benefit fund to
which the municipality may contribute: Provided, further, That any
peace officer other than sheriffs, deputy sheriffs, constables, marshals
and policemen shall be considersd an employee while engaged in the
enforcement of peace or in and about the pursuit and capture of those
charged with crime.
(3) Nothing herein contained shall be construed to prevent muni
cipalities from paying policemen, firemen and other employees full
salaries during disability, nor to interfere in any manner with any pen
sion funds now or hereafter established, nor to prevent payment to
policemen or firemen therefrom.
(4) Every person in the service of another under any contract of hire, P riv a te emexpress or implied, oral or written, including aliens, all helpers andp yment*
assistants of employees, whether paid by the employers or employee,
if employed with the knowledge, actual or constructive, of the em
ployer, and also including minors of permit age or over (who, for the
purposes of section 2394-8, shall be considered the same and shall have
the same power of contracting as adult employees), but not including
any person whose employment is not in the usual course of the trade,
business, profession, or occupation of his employer.
S e c . 2394-8. Any employee, except policemen and firemen, as Public employdefined in subdivision (1) of section 2394-7 shall be subject to theeescovered*
provisions of sections 2394-3 to 2394-31, inclusive. Policemen and
firemen and any employee as defined in subdivision (4) of section
2394-7 shall be deemed to have accepted and shall, within the meaning Private em*
of section 2394-3, be subject to the provisions of sections 2394-3 t o p yees*
2394-31, inclusive, if, at the time of the accident upon which liability
is claimed:
( 1) The employer charged with such liability is subject to the pro
visions of sections 2394-3 to 2394-31, inclusive, whether the employee
has actual notice thereof or not; and
( 2 ) Such employee shall not have given to his employer notice in
writing that he elects not to be subject to the provisions of sections
2394-3 to 2394-31, inclusive, The employer shall‘immediately file
with the industrial commission a copy of any such notice received.
(3) Any employee who has heretofore given or may hereafter give
notice to his employer that he elects not to be subject to the provisions
of sections 2394-3 to 2394-31, inclusive, may elect to become subject
to the provisions of sections 2394-3 to 2394-31, inclusive, by giving to
his employer notice in writing. The employer shall immediately file
with the industrial commission a copy of any such notice received.
(4) The provisions of sections 2394-3 to 2394-31, inclusive, shall not Railroads,
apply to employees operating, running or riding upon, or switching
freight or other trains, engines or cars for a railroad company operating
a steam railroad as a common carrier, unless both employer and employee
shall specifically, in writing, have voluntarily accepted the provisions
of said sections, and have filed notice thereof with the industrial com
mission, and shall not apply to employees of such common camera
injured or killed while the common carrier and the employee are
engaged in interstate commerce.
Sec. 2394-9 (as amended by chs. 680 and 692, acts of 1919). Compensation.
Where liability for compensation under sections 2394-3 to 2394-31,
inclusive, exists, the same shall be as provided i*L the following
schedule:
(1)
Such medical, surgical, and hospital treatment, medicines, Medical, etc.,
medical and surgical supplies, crutches, and apparatus or, at the
option of the employee, if the employer has not filed notice as herein
after provided, Christian Science treatment in lieu of medical treat
ment, medicines and medical supplies as may be reasonably required
for ninety days immediately following the accident, to cure and relieve

1018

W O R K M E N TS C O M P E N SA TIO N L A W S OF T H E U N IT E D STATES.

from the effects of the injury, and for such additional period of time a.*
in the judgment of the commission will tend to lessen the period of
compensation disability, or in the case of permanent total disability
for such period of time as the commission may deem advisable, and, in
addition thereto, such artificial members as may be reasonably neces
sary at the end of the healing period, the same to be provided by the
employer; and in case of his neglect or refusal seasonably to do so the
employer to be liable for the reasonable expense incurred by or in be
half of the employee in providing the same. Where the employer
has knowledge of the injury and the necessity for treatment, his failure
to tender the same shall constitute such neglect or refusal. Artificial
members furnished at the end of the healing period need not be dupli
cated. No compensation 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 aggravated, caused, or continued by an unreasonable refusal
or neglect to submit to or follow any competent and reasonable surgical
treatment. Any employer may elect not to be subject to the provision
for Christian Science treatment provided for in this subsection by
filing written notice of such election with the industrial commission.
Waiting time.
(2) If the accident causes disability, an indemnity which shall be
payable as wages on the eighth day after the injured employee leaves
work as the result of the injury, and weekly thereafter, which weekly
indemnity shall be as follows:
Total disability.

( tt) I f th e a c c id e n t causes tota l d isa b ility , s ix ty -fiv e per c e n t of th e
average w e e k ly earnings d u rin g th e period of su ch total d is a b ility .
Partial disabil(b) I f th e a c c id e n t causes partial d is a b ility , s ix ty -fiv e p er c e n t of
lty>
th e w e e k ly loss in w ages du rin g th e period of su ch partial d is a b ility .

(c)
If the disability caused by the accident is at times total and at
times partial, the weekly indemnity during the periods of each such
total or partial disability shall be in accordance with said subdivisions
(a) and (b), respectively.
Maximum
(rf) In case of temporary or partial disability aggregate indemnity
benefits.
for injury to an employee caused by a single accident shall not exceed
four times the average annual earnings of such employee, except a
larger recovery results under the provisions of subsection 5 or 6 of this
section. In case of permanent total disability aggregate indemnity for
injury to an employee caused by a single accident shall be weekly
indemnity for the period that he may live, not to exceed, however,
these named limitations, to wit:
Fifteen years for all persons under thirty-two years of age;
For each successive yearly group, beginning with thirty-two years,
the maximum limitation shall be reduced by three months, until a
mimimum limit of nine years shall be reached.
No lump-sum settlement shall be allowed in any case of permanent
total disability upon an estimated life expectancy, except upon con
sent of all parties, after hearing and finding by the commission that
the interests of the injured employee will be conserved thereby.
Permanent toTotal blindness of both eyes, or the loss of both arms at or near the
y'
shoulder, or of both legs at or near the hip, or of one arm at the shoulder
and one leg at the hip, shall constitute permanent total disability.
This enumeration shall not be exclusive, but in other cases the com
mission shall find the facts.
The aggregate disability period shall not, in any event, extend
beyond fifteen years from the date of the accident.
Pay
we

for

first

T h e w e e k ly in d e m n ity d u e on th e e ig h th d a y after th e e m p lo y e e
le a v e s w ork as th e r esu lt of th e in ju r y m a y b e w ith h e ld u n til th e tw e n ty n in th d a y after h e so le a v e s w ork ; if re c o v ery from th e d is a b ility sh a ll
th e n h a v e occu rred , su c h first w e e k ly in d e m n ity shall n o t b e re cov er
a b le ; i f th e d is a b ility still c o n tin u e s, i t sh all b e ad d e d to th e w e e k ly
in d e m n ity d u e y n said tw e n ty -n in th d a y an d b e p aid th e re w ith .

If the period of disability does not last more than one week from
the day the employee leaves work as a result of the injury, no idemnity
whatever shall be recoverable,
o o m p e n s a(3) Where death proximately results from the injury and the deceased
tion lor death.
leaves a person or persons wholly dependent upon him for support, the
death benefit shall be a sum equal to four times his average annual earn
ings, but which, when added to the disability indemnity paid and due

TE X T OF L A W S ---- W IS C O N S IN .

1019

at the time of death, shall not exceed six times his average annual
earnings.
(4) If death occurs to an injured employee other than as proximate
result of the accident, before disability indemnity ceases, death bene
fit shall be as follows:
(a) Where the accident proximately causes permanent total dis- Permanent toability, it shall be the same as if the accident had caused death.
tal dlsablkt>•
(b) Where the accident proximately causes permanent partial dis- Per ma ne tit
ability, liability shall exist for such benefit as shall fairly represent partial
the proportionate extent of the impairment of earning capacity in the
employment in which the deceased was working at the time of the ac
cident or other suitable employment, caused by such disability.
(e)
In case the deceased employee leaves no one wholly dependent Partial dependupon him for support, but one or more persons partially dependent ents*
therefor, the death benefit shall not exceed four times the amount
devoted by deceased, during the year immediately preceding his death,
to the support of such dependents and shall be apportioned according
to the percentage that the amount devoted by the deceased to the sup
port of such person or persons, for the year immediately prior to the
accident, boars to the average annual earnings of the deceased. Where,
by reason of minority, sickness, or other causes during such year, the
foregoing basis is unfair or inadequate, the death benefit shall be such
sum as the commission may determine to be fair and just, considering
the death benefits allowed in other cases where such untoward causes
do not exist.
(d) Where death proximately results from the accident, the death Burial expenses,
benefit shall include reasonable expense of burial, not exceeding one
hundred dollars.
(e) Death benefit, other than burial expenses, shall be paid in
weekly installments corresponding in amount to sixty-five per cent of
the weekly earnings of the employee, until otherwise ordered by the
commission.
(5) (a) In cases included by the following schedule, the compensa- Schedule of
tion to be paid for healing period and permanent disability, computed awards*
from the date of amputation or enucleation, as the case may be, subject
to the provisions of this act for maximum and minimum payments,
shall be sixty-five per cent of the average weekly earnings of the em
ployee for the periods named in the following schedule, to wit:
(1) The loss of one arm at or near the shoulder, three hundred twenty
weeks;
(2) The loss of an arm at the elbow, two hundred eighty weeks;
(3) The loss of a forearm at the lower half thereof, two hundred forty
weeks;
(4) The loss of a hand, two hundred forty weeks;
(5) The loss of a palm where the thumb remains, one hundred forty
weeks;
( 6) The loss of a thumb and the metacarpal bone thereof, eighty-six.
weeks;
(7) The loss of a thumb at the proximal joint, seventy weeks;
(8) The loss of a thumb at the second or distal joint, thirty weeks;
(9) The loss of an index finger and the metacarpal bone thereof,
forty-five weeks;
( 10) The loss of an index finger at the proximal joint, thirty-two
weeks;
( 11) The loss of an index finger at the second joint, twenty weeks;
( 12) The loss of an index finger at the distal joint, twelve weeks;
(13) The loss of a middle finger and the metacarpal bone thereof,
thirty weeks;
(14) The loss of a middle finger at the proximal joint, twenty weeks;
(15) The loss of a middle finger at the second joint, twelve weeks;
(16) The loss of a middle finger at the distal joint, eight weeks;
(17) The loss of a ring finger and the metacarpal bone^thereof, twentytwo weeks;
(18) The loss of a ring finger at the proximal joint, twelve weeks;
(19) The loss of a ring finger at the second joint, eight weeks;
( 20) The loss of a ring finger at the distal joint, six weeks;

1020

w o r k m e n ’s

CO M P E N SA TIO N LA W S OF T H E U N IT E D STATES.

( 21) The loss of a little finger and the metacarpal bone thereof,
twenty-four weeks;
( 22) The loss of a little finger at the proximal joint, fourteen weeks;
(23) The loss of a little finger at the second joint, ten weeks;
(24) The loss of a little finger at the distal joint, six weeks;
(25) The loss of all the fingers of one hand where the thumb and
palm remain, ninety weeks;
(26) The loss of a leg at the hip joint, or so near thereto as to pre
clude the use of an artificial limb, three hundred weeks;
(27) The loss of a leg at or above the knee, where stump remains
sufficient to permit the use of an artificial limb, two hundred twenty
weeks;
(28) The loss of a foot at the ankle, one hundred eighty weeks;
(29) The loss of a great toe with the metatarsal bone thereof, sixty
weeks;
(30) The loss of a great toe at the proximal joint, twenty-five weeks;
(31) The loss of a great toe at the second joint, fifteen weeks;
(32) The loss of the second toe with the metatarsal bone thereof,
twenty-five weeks;
(33) The loss of the second toe at the proximal joint, ten weeks;
(34) The loss of the second toe at the second joint, seven weeks;
(35) The loss of the second toe at the distal joint, five weeks;
(36) The loss of the third, fourth, or little toe with the metatarsa
bone thereof, twenty weeks;
( 37) The loss of the third, fourth, or little to eat the proximal joint,
eight weeks;
(38) The loss of the third fourth, or little toe at the second or distal
joint, five weeks;
(39) The loss of all the toes of one foot, seventy weeks;
(40) The loss of an eye by enucleation, or evisceration, one hundred
sixty weeks;
(41) Total blindness of one eye, one hundred forty weeks;
(42) Total deafness of both ears, one hundred sixty weeks;
(43) Total deafness of one ear, forty weeks;
(44) Total deafness of the second ear, one hundred twenty weeks;
(45) For an amputation of a finger tip, thumb tip or toe tip, involv
ing a bone amputation, compensation to be paid as if amputation
was made at the distal joint; all other finger tip, thumb tip and toe tip
amputations to be compensated as provided in paragraph (e) of sub
division (5) of section 2394-9.
Protracted
(&) When by reason of infection or other cause not due to the neglect
cases.
or miSCOnduct of the injured employee, he is actually disabled longer
than the time specified in the foregoing schedule from earning a wage,
compensation shall be paid such employee for such loss of wage within
the limits otherwise provided.
Paralysis.
(c) For the purposes of this schedule permanent and complete
paralysis of any member shall be deemed equivalent to the loss thereof.
Amputations.
( j ) Whenever an amputation is made between any two joints
mentioned in this schedule (except amputations between the knee
and hip joint) the resultant loss shall be estimated as if the amputation
had been made at the joint nearest thereto.
Other injuries.
(6) For all other injuries to the members of tlie body or its faculties
which are specified in the foregoing schedule resulting in permanent
disability, though the member be not actually severed or the faculty
totally lost, compensation shall bear such relation to that named in
the schedule as the disabilities bear to those produced by the injuries
named in the schedule. Indemnity in such cases shall be determined
by allowing weekly indemnity during the healing period resulting
from the injury and the percentage of permanent disability resulting
thereafter as found by the commission, based upon eighty per cent of
the specific schedule allowance.
Concurrent in(m ) In case an accident causes more than one permanent injury
juries.
specified in this subsection to the hands or feet, the disability allow
ance for each additional injury, in the order of the severity of such in
juries from minimum to maximum, shall be increased as follows; For
the first additional injury the allowance specified in this subsection
plus ten per cent, for the second additional injury, and for each other

T E X T OF L A W S -----W IS C O N S IN .

1021

additional injury, the allowance specified in this subsection plus
twenty per cent. In no event shall the compensation for more than
one permanent injury to members of a hand or foot, resulting from one
accident, exceed the allowance for the amputation of the* entire hand
or foot, as the case may be.
( / ) If an employee is so permanently disfigured about the face, Disfigurement,
head, neck, hand, or arm as to occasion loss of wage, the commission
may allow such sum for compensation on account thereof, as it m&y
deem just, not exceeding seven hundred fifty dollars.
(g) In case of permanent injury to an employee who is over fifty- Aged employfive years of age, the compensation herein shall be reduced by five per ees*
cent; in case he is over sixty years of age, by ten per cent; in case he is
over sixty-five years of age, t y fifteen per cent.
(h) Where injury is caused by the failure of the employer to comply Awa rds inwith any statute of the State or any lawful order of the industrial com- creased>when;
mission, compensation and death benefits as provided in sections
2394-3 to 2394-31, inclusive, shall be increased fifteen per cent.
(i) Where injury is caused by the willful failure of the employee to R e d u c e d
use safety devices where proviaed by the employer, or
"
when.
(j ) Where injury results from the employee’s willful failure to
obey any reasonable rule adopted by the employer for the safety of
the employee, or
(Jc) Where injury results from the intoxication of the employee, the
compensation and death benefit provided herein shall be reduced
fifteen per cent.
(I)
Any time after six months have elapsed from the date of the Lumpsums,
injury, the commission may order payment in gross or in such manner
as it may determine to the best interest of the parties. When pay
ment in gross is ordered, the commission shall fix the gross amount to
be paid based on the present worth of partial payments, considering
interest at three per cent per annum.
(m) Aggregate allowances for injuries shall in no case exceed six Measure of altimes the average annual earnings, except in cases of permanent total lowances.
disability.
(6)
In the following cases special indemnity shall be paid an em- Special indemployee only from the funds provided for in subdivisions (d), (<?), and nity.
(/) of this subsection in addition to the allowance provided in subsec
tion (5 ) of this section, after cessation of the payments therein
prescribed.
(а) If an employee has previously incurred permanent partial dis- Second injuries,
ability through the loss or total impairment of a hand, arm, foot, leg,
or eye, and by a subsequent accident incurs permanent total disability
through the loss or total impairment of the other hand, or the other arm,
or the other foot, or the other leg, or the other eye, or through the loss
or total impairment of another member or organ, an amount sufficient to
complete indemnity liability as for permanent total disability.
(б) If, by reason of the loss or permanent impairment of any mem
ber or organ specified in the#foregoing subdivision by a subsequent
accident, where loss or total impairment of another member or organ
existed because of a prior accident, the employe shall sustain necessary
wage loss in excess of that for which indemnity is provided in sub
section (5) of this section, an amount sufficient to complete the payment
of such indemnity as would have accrued if the injury to both members
or organs had been caused by a single accident. ^
(c) Where permanent impairment of both eyes is caused by a single Both eyes,
accident, such additional amount as shall be necessary to complete
indemnity for such disability period as the nature of the injury bears
to one causing permanent total disability.
(d) In each case of the loss or of the total impairment of a hand, arm, Loss of memfoot, leg, or eye, the employer shall be required to pay the sum of one ker.
hundred and fifty dollars into the State treasury.
(e) The moneys paid into the State treasury pursuant to the foregoing Special fund,
subdivision, with all accrued interest, is hereby^ appropriated to the
industrial commission for the discharge of all liability for special addi
tional indemnity accruing under this subsection.
(f) For the proper administration of the funds available under sub- Reserves,
divisions (d) and (e) the commission shall, by order, set aside in the

1022

W O R K M E N ’ S C O M P E N SA TIO N L A W S

T H E U N IT E D STATES.

State treasury suitable reserves to carry to maturity the liability for
special additional indemnity in each case, and for any contingent death
benefit.
Treble recov(7 ) Compensation and death benefits, as provided in sections 2 3 9 4 -3
ery*
to 2 3 9 4 -3 1 , inclusive, shall, in the follo w in g cases, be treble the amount
otherwise recoverable:
(a) If the injured employee be a minor of permit age and at the time
of the accident is employed, required, suffered or permitted to work
without a written permit issued pursuant to section 1728a.
(b) If the injured employee be a minor of permit age, or over, and
at the time of the accident is employed, required, suffered or permitted
to work at prohibited employment.
(c) If treble the amount recoverable shall be less than the actual loss
of wage sustained by the minor employee, then liability shall exist for
such loss of wage.
A permit unlawfully issued by an officer specified in section 1728a,
or unlawfully altered after issuance, without fraud on the part of the
employer, shall be deemed a permit within the provisions of this
subsection.
Who liable.
( 8 ) In case of liability for the increased compensation or increased
death benefits provided for by subdivision {h) of subsection (5)^of this
section, or included in subsection (6 ) of this section, the liability of
the employer shall be primary and the liability of the insurance carrier
shall be secondary. In case proceedings are had beiore^tlie commission
for the recovery of such increased compensation or increased death
benefits the commission shall set forth in its award the amount and
order of liability as herein provided. Execution shall not be issued
against the insurance carrier to satisfy any judgment covering such
increased compensation or increased death benefits until execution has
first been issued against the employer and has been returned unsatisfied
as to any part thereof. Any provision in any insurance policy under
taking to guarantee primary liability or to avoid secondary liability
for such increased compensation or increased death benefits shall be
void.
Computation of
Sec. 2394—10 (as amended by ch. 692, acts of 1919). 1. The average
earnings.
weekly earnings referred to in section 2394-9 shall be one-fiftieth of the
average annual earnings of the employee.
The average annual earnings for employees operating, running, rid
ing upon, or switching passenger, freight, or other trains, engines, or cars
for a railroad company operating a steam railroad as a common carrier,
shall be taken at not less than five hundred and twenty-five dollars nor
more than one thousand two hundred and fifty dollars per annum; and
for all other employees such average annual earnings shall be taken at
not less than five hundred and twenty-five dollars nor more than one
thousand one hundred and twenty-five dollars. Between said limits
such average annual earnings shall be determined as follows:
(а) If the injured employee has worked in the employment in which
he was working at the time of the accident, whether for the same em
ployer or not, during substantially the whole of the year immediately
receding his injury, his average annual earnings shall consist of three
undred times the average daily wage or salary which he has earned in
such employment during the days when so employed.
( б) If the injured employee has not so worked in such employment
during substantially the whole of such immediately preceding year, his
average annual earnings shall consist of three hundred times the average
daily wage or salary which an employee of the same class working sub
stantially the whole of such immediately preceding year in the same or
a similar employment in the same or a neighboring place shall have
earned in such employment during the days when so employed.
(c) In cases where the foregoing methods of arriving at the average
annual earnings of the injured employee can not reasonably and fairly
be applied, such average annual earnings shall be taken at such sum
as, having regard to the previous earnings of the injured employee, and of
other employees of the same or most similar class, working in the same or
most similar employment, in the same or a neighboring locality, shall
reasonably represent the average annual earning capacity of the injured
employee at the time of the accident in the employment m which he was
working at such time.

TEXT OF L A W S ---- W IS C O N S IN .

1023

(d)
In determining average daily wage, no day during which an em
ployee has worked less than eight hours shall be taken into consideration
unless by agreement or custom a lesser number of hours’ work constitutes
the full day’s service for such day. Subject to the maximum limitation
the average annual earnings shall in no case be taken at less than the
actual annual earnings.
(e\ If an employee is a minor and is permanently disabled, his weekly Minors,
earnings shall be determined on the basis of the earnings that such minor,
if not disabled, probably would earn after attaining the age of twentyone years.
( / ) The fact that an employee has suffered a previous disability, or . Subsequent inreceived compensation therefor, shall not preclude compensation for a juries*
later injury, or for death, but in determining compensation for the later
injury, or death, his average annual earnings shall be such sum as will
reasonably represent his average annual earning capacity at the time of
the later injury, in the employment in which he was working at such
time, and shall be arrived at according to and subject to the limitations
of the previous provisions of this sectiou.
2. The weekly loss in wages referred to in section 2394-9 shall consist Wage losa.
of such percentage of the average weekly earnings of the injured em
ployee, computed according to the provisions of this section, as shall
fairly represent the proportionate extent of the impairment of his
earning capacity in the employment in which he was working at the
time of the accident, and other suitable employments, the same to be
fixed as of the time of the accident, but to be determined in view of the
nature and extent of the injury.
3. The following shall be conclusively presumed to be solely and Dependents,
wholly dependent for support upon a deceased employee:
(a) A wife upon a husband with whom she is living at the time of his
death.
(b) A husband upon a wife with whom he is living at the time of her
death.
(c) A child or children under the age of eighteen years (or over said age,
but physically or mentally incapacitated from earning), upon the parent
with whom he or they are living at the time of the death of such parent,
there being no surviving dependent parent. In case of divorce the
charging of the full support and maintenance of a child upon one of the
divorced parents shall be held to constitute a living with the parent
so charged. In case there is more than one child thus dependent the
death benefit shall be divided between such dependents m such pro
portion as may be determined by the commission after considering the
ages of such dependents and other facts bearing on such dependency.
In all other cases questions of entire or partial dependency shall be
determined in accordance with the fact, as the fact may be at the time
of the accident to the employee; and in such other cases, if there is more
than one person wholly dependent, the death benefit shall be divided
equally among them, and persons partially dependent,- if any, shall
receive no part'thereof; and if there is more than one person partially
dependent, the death benefit shall be aivided among them according to
the relative extent of their dependency.
4. No person shall be considered a dependent unless a member of the
family of the deceased employee, or a divorced spouse who has not re
married, or one who bears to him the relation of husband or widow, or
lineal descendant, or ancestor, or brother, or sister.
5. Questions as to who constitute dependents and the extent of their
dependency shall be determined as of the date of the accident to the
employee, and their right to any death benefit shall become fixed as of
such time, irrespective of any subsequent change in conditions; and the
death benefit shall be directly recoverable by and payable to the de
pendent or dependents entitled thereto or their legal guardians or trustees:
Provided, That in case of the death of a dependent whose right to a death
benefit has thus become fixed, so much of the same as is then unpaid shall
be recoverable by and payable to his personal representatives in gross. N o a r e sident,
No person shall be excluded as a dependent who is a nonresident alien, aliens.
6 . No dependent of an injured employee shall be deemed, during ^ e pendent*
the life of such employee, a party in interest to any proceeding by n0 par ies>wien*
him for the enforcement or collection of any claim for compensation,
nor as respects the compromise thereof by such employee.

1024
Notice.

W ORKM EN

C O M P E N SA TIO N L A W S OF T H E U N IT E D STATES.

S e c . 2 3 9 4 -1 1 . No claim to recover compensation under sections
2394—3 to 2 3 9 4 -3 1 , inclusive, shall be maintained unless within thirty

days after the occurrence of the accident which is claimed to have
caused the injury or death, notice in writing, stating the name and
address of the person injured, the time and place where the accident
occurred, and the nature of the injury, and signed by the person
injured or by some one on his behalf, or in case of his death, by a
dependent or some one on his behalf, shall be served upon the employer,
either by delivering to and leaving with him a copy of such notice, or
by mailing to him by registered mail a copy thereof in a sealed and
postpaid envelope addressed to him at his last known place of business
or residence. Such mailing shall constitute completed service: Pro
vided, however, That any payment of compensation under sections
2 3 9 4 -3 to 2 3 9 4 -3 1 , inclusive, in whole or in part, made by the em
ployer before the expiration of said thirty days, shall be equivalent
to the notice herein required: And provided further, That the failure
to give any such notice, or any defect or inaccuracy therein, shall not be
a bar to recovery under sections 2 3 9 4 -3 to 2 3 9 4 -3 1 , inclusive, if it is
found as a fact in the proceedings for collection of the claim that there
Limitation.
was no intention to mislead the employer, and that he was not in fact
misled thereby: And provided further, That if no such notice is given
and no payment of compensation made, within two years from the
date of the accident, the right to compensation therefor shall be wholly
barred.
Medical examS e c . 2394—12. Wherever in case of injmy the right to compensation
ination.
under sections 2394r-3 to 2394-31, inclusive, would exist in favor of
any employee, he shall, upon the written request of his employer,
submit from time to time to examination by a regular practicing
physician, who shall be provided and paid for by the employer, and
shall likewise submit to examination from time to time by any regular
physician selected by said industrial commission, or a member or
examiner thereof. The employee shall be entitled to have a phy
sician, provided and paid for by himself, present at any such examina
tion. S o long as the employee, after such written request of the
employer, shall refuse to submit to such examination, or shall in any
way obstruct the same, his right to begin or maintain any proceeding
for the collection of compensation shall be suspended; and if he shall
refuse to submit to such examination after direction by the commis
sion, or any member or examiner thereof, or shall in any way obstruct
the same, his right to the weekly indemnity which shall accrue and
become payable during the period of such refusal or obstruction, shall
be barred. Any physician who shall make or be present at any such
examination may be required to testify as to the results thereof. Any
physician having attended an employee in a professional capacity may
be required to testify before the commission when it shall so direct.
A d m in i s t r a S e c . 2394-13. Sections 2394-3 to 2394-31, inclusive, shall be admintionofact.
istered by the industrial commission. A majority of the commission
shall constitute a quorum for the exercise of any of the powers of
authority conferred by sections 3294-3 to 2394-31, inclusive, and an
order or award made by a majority shall be valid. In case of a vacancy,
the remaining two members of the commission shall exercise all the
powers and authority of the commission until such vacancy is filled.
Powers of comS e c . 3394r-14. 1. Subject to the provisions of sections 2394-3 to
mission.
2394-31, inclusive, the commission may adopt its own rules of pro
cedure and may change the same from time to time in its discretion.
The commission, when it shall deem it necessary to expedite its
business, may, from time to time, employ one or more expert examiners
for such length of time as may be required, such examiners to be
exempt from the operation of sections 990-1 to 990-32, inclusive,
of the statutes. It may employ such deputies, inspectors, clerks,
stenographers, and other employees as it may deem necessary. It
shall provide itself with a seal for the authentication of its orders,
awards and proceedings, upon which shall be inscribed the words
“ Industrial commission—Wisconsin—Seal.”
2.
The commission may provide by rule the terms and conditions
under which transcripts of testimony and proceedings shall be fur-

TE X T OF L A W S ---- W IS C O N S IN .

1025

nished. Any fees received by the commission for such transcripts shall
be paid into the State treasury and such funds are hereby appropri
ated to the commission to be used for reporter and stenographic
services.
S ec . 2394-15. 1 . Any dispute or controversy concerning compen Disputes.
sation under sections 2394-3 to 2394-31, inclusive, including any in
which the State may be a party, shall be submitted to said industrial
commission in the manner and with the effect provided in sections
2394-3 to 2394-31, inclusive. Every compromise of any claim for
compensation under sections 2394-3 to 2394-31, inclusive, shall be
subject to be reviewed by, and set aside, modified or confirmed by
the commission upon application made within one year from the time
of such compromise.
2. The industrial commission shall have jurisdiction to pass upon Medical, etc.,
the reasonableness of medical and hospital bills in all cases of dispute
where compensation is paid, in the same manner and to the same effect
as it passes upon compensation.
3. No employer subject to the provisions of sections 2394-3 to 2394-31, D e d u c t i o n s
inclusive, shall solicit, receive, or collect any money from his employees rom wagesor make any deduction from their wages, either directly or indirectly,
for the purpose of discharging any liability under the provisions of said
sections; nor shall any such employer sell to an employee or solicit
or require him to purchase medical or hospital tickets or contracts for
medic al, surgical, or hospital treatment required to be furnished by such
employer under the provisions of said sections.
4. Any employer violating the provisions of subsection 3 of this
section shall be subject to the penalties provided in subsection 3 of
section 2394-24, and, in addition thereto, shall be liable to an injured
employee for the reasonable value of the necessary services rendered
to such employee pursuant to any arrangement made in violation of
subsection 3 of this section without regard to said employee’s actual
disbursements for the same.
S ec . 2394-16. Upon the filing with the commission by any party Hearings,
in interest of an applic ation in writing stating the general nature
of any claim as to which any dispute or controversy may have arisen,
it shall mail a copy of such application to all other parties in interest
and the insurance carrier shall be deemed a party in interest. The
commission may bring in additional parties by service of a copy of
the application. The commission shall fix a time for the hearing on
such application which shall not be more than forty days after the
filing of such application. The commission shall cause notice of such
hearing to be given to each party interested by service of such notice
on him personally or by mailing a copy thereof to him at his last known
post-office address at least ten days before such hearing. Such hear
ing may be adjourned from time to time in the discretion of the com
mission, and hearings may be held at such places as the commission
shall designate. Either party shall have the right to be present at
any hearing, in person or by attorney, or any other agent, and to pre
sent such testimony as may be pertinent to the controversy before the
commission; but the commission, may, with or without notice to
either party, cause testimony to be taken, or an inspection of the
premises where the injury occurred to be had, or the time books and
pay roll of the employer to be examined by any member of the com
mission or any examiner appointed by it, and may from time to time
direct any employee claiming compensation to be examined by a
regular physician; the testimony so taken, and the results of any such
inspection or examination, to be reported to the commission for its
consideration upon final hearing. All ex parte testimony taken by
the commission shall be reduced to writing and either party shall
have opportunity to rebut the same on final hearing. ^ The commis
sion, or any member thereof, or any examiner appointed thereby,
shall have power and authority to issue subpoenas, to compel the
attendance of witnesses or parties, and the production of books, papers,
or records, and to administer oaths, hold hearings and take testimony.
Any person who shall willfully fail or neglect to appear and testify
or to produce books, papers, and records as required by such subpoena
duly served upon him shall be guilty of a misdemeanor and upon con1779820—21—Bull. 272------65

1026

W O R K M E N ’ S CO M P E N SA TIO N L A W S OF T H E U N IT E D STATES.

vietion thereof shall be fined not less than' twenty-five dollars nor
more than one hundred dollars, or imprisonment in the county jail
not longer than thirty days for each such offense. Each day such
person shall so refuse or neglect shall constitute a separate offense.
The circuit court of the county wherein such person resides, upon
application of the commission or any member thereof or any such
examiner, may issue an order compelling the attendance and testi
mony of witnesses and the production of books, papers, and records
before such commission or any member thereof or any such examiner.
Findings
and
S e c . 2 3 9 4 -1 7 . After final hearing by said commission it shall make
award.
and file (1 ) its .findings upon all facts involved in the controversy,
and (2 ) its award, which shall state its determination as to the rights
of the parties. Pending the final determination of any controversy
before at, the commission shall have power after any hearing to make
interlocutory findings, orders, and awards which may be enforced in
the same manner as final awards. The commission shall have the
power to include in its final award, as a penalty for noncompliance
with any such interlocutory order or award, if it shall find that noncompliance was not in good faith, not exceeding twenty-five per cent
of each amount which shall not have been paid as directed thereby.
The commission may, on its own motion, modify or change its order,
findings, or award at any time within twenty days from the date
thereof if it shall discover any mistake therein.
R e p re se n ta S e c . 2394-17m. In case a deceased employee, for whose injury or
tion of aliens.
death compensation is payable leaves surviving him an alien depend
ent or dependents residing outside of the United States, the duly
accredited consular officer of the country of which such dependents
are citizens, or his designated representatives residing within the
State, shall, except as otherwise determined by the industrial com
mission, be the sole legal representative of such deceased employee
and of such dependents in all matters pertaining to their claims for
compensation. The receipt by such officer or agent of all compensa
tion funds and the distribution thereof shall be made only upon order
of the industrial commission, and payment to such officer or agent
pursuant to any such order, any power of attorney to receive and
receipt for the same to the contrary notwithstanding, shall be as full
a discharge of the benefits or compensation payable under the pro
visions of sections 2394-3 to 2394-31, both inclusive, as if payments
were made directly to the beneficiaries. Such consular officer or his
representative shall furnish, if required by the industrial commission,
a good and sufficient bond, to be approved by the commission, con
ditioned upon the proper application of all moneys received by him.
Before such bond is discharged such consular officer or representative
shall file with the commission a verified account of the items of his
receipts and disbursements of such compensation. Such consular
officer or representative shall make interim reports to the industrial
commission from time to time as it may require.
Judgment by S ec . 2394-18. Either party may present a certified copy of the
court.
award to the circuit court for any county, whereupon said court shall,
without notice, render a judgment in accordance therewith, which
'udgment, until and unless set aside as hereinafter provided, shall
lave the same effect as though duly rendered in an action duly tried
and determined by said court, and shall, with like effect, be entered
and docketed.
Awards against S ec . 2394—18a (as amended by ch. 680, Acts of 1919). Whenever
cities, etc.
an awarcj jg made by the commission against any county, city, village,
town, or school district, the person in whose favor it is made shall file
a certified copy thereof with the county, city, village, town, or school
district clerk, as the case may be. Within twenty days thereafter,
unless an appeal is taken, such clerk shall draw an order on the county,
city, village, town, or school district treasurer against which the
award was made for the payment of the amount specified in the award.
If upon appeal such award is affirmed in whole or in part, the order for
payment shall be drawn within ten days after a certified copy of such
judgment is filed with the proper clerk. If more than one payment is
provided for in the award or judgment, orders shall be drawn as the
payments become due. The provisions of any statute relating to the

T E X T OF LA W S---- W ISC O N SIN .

1027

filing of claims against and the auditing, allowing and payment of
claims by counties, cities, villages, towns, and school districts shall
not apply to the payment of an award or judgment under the provisions
of this section.
S e c . 2394-18m. I f the sum awarded or ordered by the commission Delayed payto be paid shall not be paid when due, such sum shall bear intei*est a tments*
the rate of six per cent per annum. Where the employer or his insurer
is guilty of inexcusable delay in the making of compensation payments,
the payments as to which such delay is found shall be increased by ten
per cent.
S e c . 2394-19. 1 . The findings of fact made by the commission acting Findings e<mwithin its powers shall, in the absence of fraud, be conclusive; and the clusiveorder or award, either interlocutory or final, whether judgment has
been rendered thereon or not, shall be subject to review only in the
manner and upon the grounds following: Within twenty days from the Review,
date of the order or award any party aggrieved thereby may commence
in the circuit court for Dane County an action against the commission
for the review of such order or award, in which action the adverse party
shall also be made defendant. In such action a complaint, which shall
state the grounds upon which a review is sought, shall be served with
the summons. Service upon the secretary of the commission, or any
member of the commission, shall be deemed completed service. The
commission shall serve its answer within twenty days after the service
of the complaint, and, within the like time, such adverse party shall,
if he so desires, serve his answer to said complaint. With its answer
the commission shall make return to said court of all documents and
papers on file in the matter, and of all testimony which may have been
taken therein, and of its order, findings, and award. Such return of
the commission when filed in the office of the clerk of the circuit court
shall, with the papers mentioned in section 2898 of the statutes, con
stitute a judgment roll in such action; and it shall not be necessary to
settle a bill of exceptions in order to make such return part of the record
of such court in such action. Said action may thereupon be brought
on for hearing before said court upon such record by either party on
ten days’ notice to the other, subject, however, to the provisions of
law for a change of the place of trial or the calling in of another judge.
Upon such hearing the court may confirm or set aside such order or
award, and any judgment which may theretofore have been rendered
thereon; but the same shall be set aside only upon the following
grounds:
(1) That the commission acted without or in excess of its powers.
( 2) That the order or award was procured by fraud.
(3) That the findings of fact by the commission do not support the
order or award.
2. Any action commenced in court under section 2394-19 to set aside Time for trial,
or modify any order or award of the commission must be brought to trial
within thirty days after issue shall be joined, unless continued on order
of the court for good cause shown. No continuance shall be for longer
than thirty days at one time, and further continuance may be had only
upon order of the court for cause.
3. Upon the trial of any such action the court shall disregard any
irregularity or error of the commission unless it be made to affirma
tively appear that the plaintiff was damaged thereby.
4. The record in any case shall be transmitted to the commission
within twenty days after the order or judgment of the court, unless appeal
shall be taken from such order or judgment.
S e c . 2394-20. Upon the setting aside of any order or award tl)e
order get
court may recommit the controversy and remand the record in the case a e>what ■
to the commission, for further hearing or proceedings; or it may enter
the proper judgment upon the findings, as the nature of the case shall
demand. An abstract of the judgment entered by the trial court upon
the review of any order or award shall be made by the clerk thereof
upon the docket entry of any judgment which may theretofore have
been rendered upon such order or award, and transcripts of such
abstract may thereupon be obtained for like entry upon the dockets of
the courts of other counties.

1028

W O R K M E N *S C O M P E N SA TIO N L A W S OF T H E U N IT E D STATES.

S e c . 2394-21. 1 . Said commission, or any party aggrieved by a judg
ment entered upon the review of any order or award, may appeal there
from within the time and in the manner provided for an appeal from
the orders of the circuit court, except that it shall not be necessary for
said commission or any party to said action to execute, serve, or file the
undertaking required by section 3052 of the statutes in order to perfect
such appeal; but all such appeals shall be placed on the calendar of the
supreme court and brought to a hearing in the same manner as State
causes on such calendar,
Remanding to
2 . After the commencement of an action to review any award of the
commission.
commission the parties may have the record remanded by the court for
such time and under such condition as they may provide, for the pur
pose of having the commission act upon the question of approving or
disapproving any settlement or compromise that the parties may desire
to have so approved. If approved the action shall be at an end and
judgment may be entered upon the approval as upon an award. If not
approved the record shall forthwith be returned to the circuit court and
the action shall proceed as if no remand had been made.
S e c . 2 3 9 4 -2 2 . 1. No fees shall be charged b y the clerk of any court
for the performance of any official service required by sections 2 3 9 4 -3
to 2 3 9 4 -3 1 , inclusive, except for the docketing of judgments and for
certified copies of transcripts thereof. In proceedings to review an
order or award, costs as between the parties shall be allowed or not in
in the discretion of the court, but no costs shall be taxed against said
commission. In any action for the review of an ord er or award, and upon
any appeal therein to the supreme court, it shall be the duty of the
attorney general, personally or by an assistant, to appear on behalf of
the commission, whether any other party defendant shall have ap
peared or be represented in the action or not.
2. Unless previously authorized by the commission, no contingent
fee shall be charged or received for the enforcement or collection of any
claim for compensation, nor shall any contract therefor be enforceable,
where such fee, inclusive of all taxable attorney’s fees paid or agreed
to be paid for such enforcement or collection, exceeds ten per cent of
the amount at which such claim shall be compromised, or of the amount
awarded, adjudged, or collected, or where such fee computed upon
such percentage basis shall exceed in gross the sum of one hun
dred dollars. The limitation as to contingent fees shall apply to the
combined charges of attorneys, solicitors, representatives and adjusters
who knowingly combine their efforts toward the enforcement or collec
tion of any compensation claim.
Payments.
3. All awards of compensation in favor of any claimant, which equals
or exceeds one hundred dollars, shall be made payable to such claimant
in person: Provided, however, That in any award the commission shall
upon application of any interested party and subject to the provisions
of subsection 2 of this section fix the amount of the fees of his attorney
or representative and provide in the award for payment of such fee
direct to the person or persons entitled thereto. Payment according to
the directions of the award shall protect the employer and his insurer
from any claim of attorney’s lien.
U nlawful fees.
4. The charging, taking, or receiving of any fee in violation of
subsections 2 and 3 of this section shall be deemed unlawful practice,
and the attorney or other person guilty thereof shall forfeit double the
entire amount retained by him, the same to be collected by the State
in an action in debt, upon complaint of the commission. Out of the
sum recovered the court shall direct payment to the injured party of the
ajnount of the overcharge.
Claims not
S e c . 2394-23. No claim for compensation under sections 2394-3 to
2394-31, inclusive, shall be assignable before payment, but this provi
sion shall not affect the survival thereof; nor shall any claim for com
pensation, or compensation awarded, adjudged or paid, be subject to
be taken for the debts of the party entitled thereto.
Preference.
Sec. 2394-24 (as amended by ch. 680, acts of 1919). 1 . The whole claim
for compensation for the injury or death of any employee or any award
or judgment thereon, shall be entitled to the same preference as is given
by any law of this State to claims for labor, but this section shall not
impair the lien of any judgment entered upon any award.
Appeals.

T E X T OF L A W S ---- W IS C O N S IN .

1029

2. An employer liable under this act to pay compensation shall Security of pay
insure payment of such compensation in some company authorized to ments.
insure such liability in this State unless such employer shall be ex
empted from such insurance by the industrial commission. An
employer desiring to be exempt from insuring his liability for compen
sation shall make application to the industrial commission showing his
financial ability to pay such compensation, whereupon the commission
by written order may make such exemption. The commission may
from time to time require further statement of financial ability of such
employer to pay compensation and may upon ten days’ notice in writ
ing, 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 authority to
require the employer to furnish such security as it may consider suffi
cient to insure payment of all claims under compensation. Where the
the security is m 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 10 days’ notice and opportunity to be heard, require the
sureties to pay the amount of the award, the same to be enforced in like
manner as the award itself may be enforced.
3. An employer who shall fail to comply with the provisions of
subsection 2 of section 2394-24 shall be guilty of a misdemeanor and
upon conviction thereof shall forfeit twenty-five dollars for each offense.
Each day’s failure shall be a separate offense. Upon complaint of the
commission, such forfeitures may be collected by the State in an action
in debt.
Claims against
S e c . 2394-25 (as amenddd by ch. 680, acts of 1919). 1 . The making
of a lawful claim against an employer or compensation insurer for com third parties.
pensation under sections 2394-3 to 2394-31, inclusive, for the injury
or death of an employee shall operate as an assignment of any cause of
action in tort which the employee or his personal representative may
have against any other party for such injury or death; and such em
ployer or insurer may enforce in their own name or names the liability
of such other party for their benefit as their interests may appear. If
a recovery shall be had against such other party, by suit or otherwise,
the compensation beneficiary or beneficiaries shall be entitled to any
amount recovered over and above the amount that the employer or
insurer, or both, have paid or are liable for in compensation to such
beneficiary or beneficiaries, after deducting reasonable cost of collec
tion, and in no event shall the beneficiary receive less than one-third
the amount recovered from the third party, less the reasonable cost
of collection. Settlements of such claims and the distribution of the
proceeds therefrom must have the approval of the court wherein the
litigation is pending, or if not in suit, of the industrial commission.
The beneficiary shall be entitled to reasonable notice and opportunity
to be present in person or by counsel at the approval proceedings.
The failure of 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 of the proceeds to be made on the basis above provided.
2 . The commencement of an action by an employee against a third
party for damages by reason of an accident covered by sections 2394-3
to 2394-31, inclusive, or the adjustment of any such claim, shall operate
as a waiver of any claim for compensation against the employer.
3. Nothing in sections 2394-3 to 2394-31, inclusive, shall prevent Malpractice.
an employee from taking the compensation he may be entitled to
under said sections and also maintaining a civil action against any
physician or surgeon for malpractice. The measure of damages, if
any be recovered in such action, shall be the amount of damages found
by the jury less the compensation paid to the employee under said
sections, due to such malpractice.
Insurance.
S e c . 2394-26. Nothing in sections 2394-3 to 2394-31, inclusive,
shall affect the organization of any mutual or other insurance company,
or any existing contract for insurance of employers’ liability, nor the
right of the employer to insure in mutual or other companies, in whole
or in part, against such liability, or against the liability for the com-

1030

W O R K M E N ’ S CO M P E N SA TIO N L A W S OF T H E U N IT E D STATES.

pensation provided for by sections 2394-3 to 2394-31, inclusive, or to
provide by mutual or other insurance, or by arrangement with his em
ployees, or otherwise, for the payment to such employees, their families,
dependents, or representatives, of sick, accident, or death benefits in
addition to the compensation provided for by sections 2394-3 to 2394-31,
Liability not to inclusive. But liability for compensation under sections 2 3 9 4 -3 to
be reduced.
2 3 9 4 -3 1 , inclusive, shall not be reduced or affected by any insurance,
contribution, or other benefit whatsoever, due to or received by the
person entitled to such compensation, and the person so entitled shall,
irrespective of any insurance or other contract, have the right to recover
the same directly from the employer; and in addition thereto, the
right to enforce in his own name, in the manner provided in sections
2 3 9 4 -3 to 2 3 9 4 -3 1 , inclusive, the liability of any insurance company
which may, in whole or in part, have insured the liability for such
compensation, and the appearance, whether general or special, of any
such insurance carrier by agent or attorney shall be a waiver of the
service of copy of application and of notice of bearing required by
section 2 3 9 4 -1 6 : Provided, hoivever, That payment in whole or in part
of such compensation by either the employer or the insurance company
shall, to the extent thereof, be a bar to recovery against the other of the
amount so paid: And provided, further, That as between the employer
and the insurance company, payment by either directly to the em
ployee, or to the person entitled to compensation, shall be subject to
the conditions of the insurance contract between them.
2. The failure of the assured to do or refrain from doing any act
required by the policy shall not be available to the insurance carrier
as a defense against the claim of the injured employee or his dependents.
Insurance govS e c . 2394-27. 1. Every contract for the insurance of the compensaemed by act.
^ on herein provided for, or against liability therefor, shall be deemed
to be made subject to the provisions of sections 2394-3 to 2394-31, in
clusive, and provisions thereof inconsistent with sections 2394-3 to
2394-31, inclusive, shall be void. No company shall enter into any
such contract of insurance unless such company shall have been ap
proved by the commissioner of insurance, as provided by law. For
the purposes of sections 2394-3 to 2394-31, inclusive, each employee
shall constitute a separate risk within the meaning of section 1898d of
the statutes: Provided, That at least five employers shall join in the
organization of a mutual company under subdivision (5) of section
1897, and no such company organized by employers shall be licensed
or authorized to effect such insurance unless such company shall have
in force or put in force simultaneously insurance on at least one
thousand five hundred separate risks.
Inspection
of 2. The industrial commission, by itself or its employees, may excompames.
amine from time to time the books and records of any liability insur
ance company insuring liability or compensation for an employer in
this State. Any such company that shall refuse or fail to allow the
industrial commission to examine its books and records or to file the
report required by subsection 3 of section 2394-27 shall have its
license to do business in the State revoked.
Companies to
3 . Every company transacting the business of compensation inrepor '
surance, in addition to all other reports required by law to be made,
shall, on or before the first day of March in each year, on blanks
furnished for such purpose, make and file with the industrial com
mission an annual statement of its business ancl accident experience
covering the year ending on the preceding thirty-first day of December.
H°be se^ured11^ ^EC' ^394-28. In any case in which compensation payments have
maj e secure . extended or will extend over a period of six months or more from the
date of the injury (or at any time in death benefit cases), any party
in interest may, in the discretion of the industrial commission, be
discharged from, or compelled to guarantee, future compensation
payments as follows:
# ( 1) By depositing the present value of the total unpaid compensa
tion upon a three per cent interest discount basis with such bank or
trust company as may be designated by the commission; or
( 2)
By purchasing an annuity within the limitations provided *by
law, in such insurance company granting annidties and licensed in.
this State, as may be designated by the commission; or

TE X T OF L A W S---- W IS C O N S IN .

1031

(3) By payment in gross upon a three per cent interest discount basis
to be approved by the commission; and
(4) In cases where the time for making payments or the amounts
thereof can not be definitely determined, by furnishing a bond, or other
security, satisfactory to the industrial commission for the payment of such
compensation as may be due or become due. The acceptance of such
bond, or other security, and the form and sufficiency thereof, shall be
subject to the approval of the industrial commission. If the em
ployer or insurer is unable or fails to immediately procure such bond,
then, in lieu thereof, deposit shall be made with such bank or trust
company, as may be.designated by the commission, of the maximum
amount that may reasonably become payable in such cases. Such
maximums are to be determined by the commission at amounts con
sistent with the extent of the injuries and the provisions of the law.
Such bonds and deposits are to be reduced only to satisfy such claims
and withdrawn only after the claims which they are to guarantee are
fully satisfied or liquidated under the provisions of subsections (1),
(2), or (3) of this section; and
(5) Any insured employer may, within the discretion of the in
dustrial commission, compel the insurer to discharge, or to guarantee
payment of its liabilities in any such case under the provisions of this
section and thereby release himself from compensation liability therein,
but if for any reason a bond furnished or deposit made under sub
section (4) of this section does not fully protect, the compensation
insurer or uninsured employer, as the case may be, shall still be liable
to the beneficiary thereof.
S e c . 2394-29 (as amended by chapter 680, acts of 1919). The comBlanks, etc.,
mission shall cause to be printed and furnished free of charge to any b6 furnishedemployer or employee such blank forms as it shall deem requisite
to facilitate or promote the efficient administration of sections 2394-3 to
2394-31, inclusive; it shall provide such proper record books or re
cords as it shall deem required for the proper and efficient administra
tion of sections 2394-3 to 2394-31, inclusive; all such records to be
kept in the office of the commission. The commission shall cause no
tice of employers subject to this act to be given to employees, in such
manner as the commission shall deem most effective; and the com
mission shall likewise cause notice to be given of the filing of any
withdrawal of such election; but notwithstanding the failure to
give, or the insufficiency of, any such notice, knowledge of the fact
shall conclusively be imputed to all employees. Every employer who
shall have affirmatively elected not to accept the provisions of sections N o tic e to be
2394-3 to 2394-31, inclusive, shall post and maintain printed notices of Posted'
such nonelection on their premises, of such design, in such numbers,
and at such places as the commission, shall, by order, determine to be
necessary to give information to their employees.
. S e c . 2394-31. The legislature intends the contingency in subdiviP r o v is io n s
sion (3) of section 2394-1 to be a separable part thereof, and the sub- severabledivision likewise separable from the rest of sections 2394-1 to 2394-31,
inclusive, and that part of said section 2394-1 that follows subdivision
(3) likewise separable from the rest of sections 2394-1 to 2394-31, in
clusive; so that any part of said subdivision, or the whole, or that part
which follows said subdivision (3), may fail without affecting any other
part of sections 2394-1 to 2394-31, inclusive.
S e c . 2394-32 (added by ch. 457, amended by ch. 6 6 8 , acts of 1919).
Occupational
The provisions of sections 2394-1 to 2394-31, both inclusive, are ex- diseasestended so as to include, in addition to accidental injuries, all other
injuries including occupational diseases growing out of and incidental
to the employment.
S e c . 2. This act shall take effect on September 1 , 1 9 1 7 .
Act in effect.
Approved July 10, 1917.

WYOMING.
CONSTITUTION.
A rticle 10.—Liability of employers for injuries to employees— Work

men's compensation.
Section 4 (as amended, 1914). No law shall be enactei limiting
the amount of damages to be recovered for causing the injury or
death of any person. Any contract or agreement with any employee
waiving any right to recover damages for causing the death or injury
of any employee shall be void.
As to all extrahazardous employments, the legislature shall pro
vide by law for the accumulation and maintenance of a fund or funds
out of which shall be paid compensation as may be fixed by law
according to proper classifications to each person injured in such
employment or to the dependent families of such as die as the result
of such injuries, except in case of injuries due solely to the culpable
negligence of the injured employee. Such fund or funds shall be
accumulated, paid into the State treasury, and maintained in such
manner as may be provided by law. The right of each employee
to compensation from such fund shall be in lieu of and shall take
the place of any and all rights of action against any employer con
tributing as required by law to such fund in favor of any person or
persons by reason of any such injuries or death.
Amendment adopted November 3, 1914.
ACTS OF 1915.
Ch a p t e r

Title.

124.— Compensation o f workmen for injuries.

S e c t io n 1. This act shall b e known as the 11workmen’s compensa
tion law.”
Compensa
S e c . 2 . Compensation herein provided for shall be payable to
tion payable.
persons injured in extrahazardous employments, as herein defined,
or the dependent families of such as die as the result of such inju
ries, except in case of injuries due solely to the culpable negligence
of the injured employee. Said compensation shall be payable from
funds in the State treasury to be accumulated and maintained in the
R e m e d y ex manner herein provided. The right of each employee to compensation
clusive.
from such funds shall be in lieu of and shall take the place of any and
all rights of action against any employer contributing,as required by law,
to such fund in favor of any such person or persons by reason of any such
injury or death. Sections 3526, 4291, and 4292, and all other laws or
parts of laws relating to damages for injuries or death from injuries or
in anywise in conflict with this act are hereby repealed, as to the
employments, employers, and employees coming within the terms
of this act.
Same.
Sec. 3. The rights and remedies provided in this act for an em
ployee on account of an injury shall be exclusive of all other rights
and remedies of such employee, his personal or legal representatives
or dependent family at common law or otherwise on account of such
injury; and the terms, conditions, and provisions of this act for the
payment of compensation and the amount thereof for injuries sus
tained or death resulting from such injuries shall be exclusive, com
pulsory, and obligatory upon both employers and employees coming
within the provisions hereof.
Ex t r a hazard Sec. 4 (asamended by ch. 117, acts of 1919). The extrahazardous
ous occupations. occupations to which this act is applicable are as follows: Factories,
garages, mills, printing plants, and workshops where machinery is used;
foundries, blast furnaces; mines, oil wells, oil refineries; gas works’
natural gas plants; waterworks; reduction works; breweries; elevators’
dredges; excavations; transfer companies, general teaming; smelters’

1032

TE X T OF L A W S ---- W Y O M IN G .

powder works; laundries operated by power; quarries; engineering
works; logging; lumber yards; lumbering and sawmill operations; street
and interurban railroads not engaged in interstate commerce; buildings
being constructed, repaired, moved, or demolished; painting and paint
ing operations; telephone, telegraph, electric light or power plants or
lines; steam heating or power plants; railroads not engaged in inter
state commerce; bridge building and all employments wherein a proc
ess requiring the use of any dangerous explosive or inflammable ma
terials is carried on, which is conducted for the purpose of business,
trade, or gain, each of which employments is hereby determined to be
extrahazardous and in which from the nature, conditions, or means of
prosecution of the work therein requires risks to the life and limb of
the workmen engaged therein are inherent, necessary, or substantially
unavoidable. This act shall not apply in any case where the injury
occurred before this act takes effect, and all rights which have accrued
by reason of any such injury prior to the taking effect of this act shall
be saved the remedies now existing therefor. This act shall apply to
the employers by whom workmen have been employed continuously
for more than one month at the time of the accident.
S e c . 5. This act shall not be construed to apply to business or em- Interstate
ployments which according to law are so engaged in interstate com- mercemerce as to be not subject to the legislative power of the State nor
to persons injured while they are so engaged.
S e c . 6 (as amended by ch. 117, acts of 1919). In this act unless Definitions
the context otherwise requires:
(а) “ Factories ” mean any premises wherein power is used in man
ufacturing, making, altering, adapting, ornamenting, finishing, repair
ing or renovating any article for the purpose of trade or gain or the
business carried on therein, including expressly any brickyard,
meat-packing house, foundry, smelter ore reduction works, limeburning plant, stucco plant, steam-heating plant, electric lighting or
power plant, including all work in or directly connected with the
construction, installation, operation, alteration, removal, or repair of
wires, cables, switchboards or apparatus used for the transmission of
electric current, and water-power plant, including towers and stand
pipes, power plant, blast furnace, paper mill, printing plant, flour
mill, glass factory, cement plant, artificial gas plant, machine or
repair shop, salt plant, oil-refinery plant, and chemical-manufacturing
plant.
( б) ‘ ‘ Workshop” means any yard, plant, premises, room, or place
where power-driven machinery is employed and manual labor is
exercised by way of trade or gain or otherwise incidental to the proc
ess of making, altering, repairing, printing, or ornamenting, finishing
or adapting for sale or otherwise anjf article or part of article, over
which premises, room, or place the employer of the person working
therein has the right of access or control.
(c) “ M ill” means any plant, premises, room, or place where ma
chinery is used, any process of machinery, changing, altering, or
repairing any article or commodity for sale or otherwise, together
with the yards and premises, which are part of the plant, including
elevators, warehouses, and bunkers, sawmill, sash factory, or other
work in the lumber industry.
(d) “ Mine” means any opening in the earth for the purpose of ex
tracting iron, oil, coal, or other minerals, and all underground work
ings, slopes, drifts, shafts, galleries, wells; and tunnels, and other
ways, cuts, and openings connected therewith, including those in the
course of being opened, sunk, or driven; and includes all the appurte
nant structures or machinery at or about the openings of the mine and
any adjoining adjacent work place where the material from a mine is
prepared for use or shipment.
(e) “ Quarry ” means any place, not a mine, where stone, slate, clay,
sand, gravel, or other solid material is dug or otherwise extracted from
the earth for the purpose of trade or bargain or of the employer’s trade
or business.
(/) “ Building work” means any work in the erection, construction,
extension, decoration, alteration, repair, or demolition of any build
ing or structural appurtenances.

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W O R K M E N ’ S C O M PEN SATIO N L A W S OF T H E U N IT E D STATES.

(g) “ Engineering work-’ means any work in the construction, al
teration, extension, repair, or demolition of a railway (as hereinbefore
defined), bridge, jetty, dike, dam, reservoir, underground conduit,
sewer, oil or gas well, oil tank, gas tank, water tank or tower, any
caisson work or work in artificially compressed air, any work in dredg
ing, work on log or lumber rafts or booms; pile driving, moving build
ings, moving safes, or in laying, repairing, or removing underground
pipes and connections, the erec tion, installing, repairing, or removing
of boilers, furnaces, engines, and power machinery (including belting
and other connections), and any work in grading or excavating where
shoring is necessary or power machinery or blasting powder, dynamite
or other high explosives is in use (excluding mining and quarrying).
(h) “ Employer” includes any person, or body of persons, corpo
rate or incorporate, and the legal representatives of a deceased em
ployer or the receiver or trustee of a person, corporation, association,
or partnership.
(i) “ Workman” means any person who has entered into the em
ployment of or works under contract of service or apprenticeship
with an employer, except a person whose employment is purely cas
ual and not for the purpose of the employer’s trade or business, or
those engaged in clerical work and not subject to the hazards of the
business, or one holding an official position. The term “ workmen”
shall include “ employee” and the term “ employee” shall include
“ workmen,” and each shall include the singular and plural of both
sexes. Any reference to a workman who has been injured shall,
where the workman is dead, include a reference to his “ dependent
family” as hereinafter defined or to his legal representative, or where
the workman is a minor or incompetent, to his guardian or next friend.
(j) “ Dependent families” as used in this act means such members
of the workman’s family as were wholly or in part dependent upon
the workman for support at the time of the injury and shall include
widow or husband, as the case may be, and children, or if no widow,
husband, or children the parents of the injured workman, if actually
dependent upon him for support at the time of the injury; if it be
shown that the surviving spouse willfully deserted deceased without
fault upon the part of the deceased, such surviving spouse will not be
regarded as a dependent in any degree. No surviving spouse shall be
entitled to the benefits of this act unless she shall have been married
to the deceased at the time of the injury.
(k) “ Child or children” means such that are under sixteen (16)
years of age (and over said age, if physically or mentally incapacitated
from earning) and shall also include legitimate children of the injured
workman born after his death from injury. In other cases questions
of family dependency in whoft or in part shall be determined in
accordance with the fact, as the case may be at the time of the injury;
the foregoing definition of “ dependent families” shall not include
Nonresi dent any of the persons named, who are aliens residing beyond the jurisdiciens‘
tion of the United States of America, except a surving widow, or
children under sixteen (16) years of age and as to such nonresident aliens
the rate of compensation shall not exceed thirty-three and one-third
per cent (33J per cent) of the rates of compensation herein provided,
injuries.
(I) The words “ injuries sustained in extrahazardous employment,”
as used in this act shall include death resulting from injury and injuries
to employees as a result of their employment and while at work in or
about the premises occupied, used, or controlled by the employer,
and injuries occurring elsewhere while at work in places where their
employer’s business requires their presence and subjects them to
extrahazardous duties incident to the business; but shall not include
injuries of the employee occurring while on his way to assume the
duties of his employment or after leaving such duties, the proximate
cause of which injury is not the employer’s negligence.
(m) The words “ injury and personal injury ” shall not include injury
caused by the willful act of a third person directed against an employee
for reasons personal to such employee, or because of his employment;
nor a disease, except as it shall clirectly result from an injury incurred
in the employment.
(n) “ Invalid” means one who is physically or mentally incapaci
tated from earning wages.

TEX T OF L A W S---- W Y O M IN G .

1@ $5

S ec . 7. In case an injured workman is mentally incompetent or a Incompetents*
minor, or where death results from the injury, in case any of his depend
ents, as herein defined be mentally incompetent or a minor, at the
time when any right or privilege accrues to him under this act, his
guardian may, in his behalf, claim and exercise such right or privi
lege and no limitation of time, in this act provided for, shall run, so
long as such incompetent or minor has no guardian.
S e c . 8 . Where an employee coming under the provisions of this a c t
Liability
o(
received an injury under circumstances creating a legal liability in third persons*
some person other than the employer to pay damages in respect thereof,
and no legal liability attaching to the employer, then and in such
case such employee shall be left to his remedy at law against such
other person, and compensation shall not be payable under this act.
S e c . 9. No contract, rule, regulation, or device whatsoever shall Waivers,
operate to relieve the employer, in whole or in part, from any liability
created by this act except as herein provided.
Sec. 10. It shall be the duty of the State treasurer to prepare, cause Blanks,
to be printed and supplied free for use in the administration of this law
such blank forms as may be needed by employers for reporting and
certifying pay rolls of persons employed by them in extrahazardous
employments and for reporting injuries; and forms for use of injured
persons in making claims for compensation; also to provide himself with
such other books, records, or forms as may be deemed necessary to ex
pedite the transaction of business under the provisions of this act.
S e c . 11. Whenever an accident occurs causing injury to any work- Accidents to be
man engaged in any of the extrahazardous employments defined b y rep
*
this act, it shall be the duty of the employer within 20 days thereafter
to make a report of such accident and the injury resulting therefrom
and to file said report in the office of the clerk of the district court of
the county wherein such accident occurred, which report shall state:
(1) The name of the injured workman and the time, cause, and
nature of the accident and injury; also whether the injury has disabled
the workman from continuing the performance of his duties.
( 2) Whether the accident occurred while the workman was engaged
in the duties of his employment, and grew out of the employment.
(3) The nature of the employment and duties and how long the
workman had been engaged in the service of such employer.
(4) Whether the accident was or was not due solely to the culpable
negligence of the injured employee and if so, a statement of the facts.
(5) Whether the injured workman is married or single; if married,
whether he has a dependent family, and if so, the names of the persons
comprising such dependent family and their place of residence.
(6 ) Whether the injured workman claims compensation under this
act, and whether his right to compensation or the amount of compensa
tion is disputed by his employer.
Said report may be made upon a printed form prepared by the State
treasurer for such purposes, and shall be verified as pleadings in civil
actions. Failure or neglect on the part of any employer whose business
or occupation is one enumerated and defined herein, as being extrahazardous, to report accidents causing injury to any of his employees,
shall be a misdemeanor and upon conviction such employer shall be
punished by a fine of not exceeding five hundred ($500) dollars.
S ec . 12. Whenever an injury or death resulting from injury is Investigation,
reported to the clerk of the district court of the county wherein such
injury occurred, in accordance with the preceding section, it shall be
the duty of said clerk to at once notify the judge of said court, that
such injury report has been filed in his office. It shall thereupon be
the duty of said judge to investigate the nature of said injury and
claim for compensation at the earliest possible date, in such a manner
as he may deem necessary to ascertain whether the claim for compen
sation or the amount thereof is disputed by the employer, and if there
be no dispute as to the right of the injured workman to receive com
pensation, or as to the amount thereof, and the claim appear to be free
from collusion, said judge shall thereupon make an order directing
payment for such compensation from the State industrial accident
fund in accordance with the facts by him ascertained and the terms of
this law. If there be a dispute as to the right of said injured employee Disputes,
ox his dependent family to receive compensation, ox as to the amount

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Appeals,

C O M P E N SA TIO N L A W S OF T H E U N IT E D STATES.

thereof, then it shall be the duty of said judge to set the case down for
a hearing at the earliest possible date and to direct notice of such hear
ing to be issued by the clerk of said court for service upon the em
ployer and the employee at least seven (7) days before the date fixed
for said hearing, which said notice shall be served by the sheriff of said
county without expense to either party, except that his actual travel
ing expenses shall be allowed and taxed, as costs. The hearing shall
be conducted upon the statement and report filed by the employer
and such formal claims as may be presented and filed with the clerk
of the district court by or on behalf of the injured workman. If the
employer in his report of the injury alleges that the injury was due
solely to the culpable negligence of the injured employee, or that the
claim for compensation is one not coming within the provisions of this
law, then a jury may be demanded by either party and the cause shall
be tried, as a court proceeding. If a jury is demanded it may be se
lected from names drawn from the five-mile limit jury box, as in civil
cases, at any time in term time or vacation unless a regular jury panel
be in attendance at court on the date any such hearing may occur.
The taking of evidence shall be summary, giving a full opportunity to
all parties to develop the facts fully. The official court reporter of the
district shall attend the hearing and make a stenographic report of the
evidence without cost to either party. The court or judge shall direct
the county and prosecuting attorney or other competent attorney
appointed*by the court to conduct the examination of witnesses on
behalf of the injured workman, and it shall be the duty of said attorney
to appear and perform such service without expense to either party.
The employer may appear in person or by counsel and introduce evi
dence at the same hearing. No costs shall be taxed by the clerk except
fees for witnesses, who may be subpoenaed and who shall be allowed
the same fees for attendance and mileage as is fixed by law in civil
actions, and jury costs shall also be taxed to and paid from the accident
fund, if the verdict and judgment be in favor of the employer, but if
against the employer, then he shall pay the costs. At the conclusion of
the hearing, the court shall enter an order pursuant to the verdict of
the jury, if a jury be called, and if no jury be called, the court or judge
shall render a decision upon the facts and law of the case pursuant to
the provisions of this act, and make an order allowing or disallowing
compensation, as the law and the evidence may warrant. In any pro
ceeding before a court or judge, as aforesaid, the court or judge shall
have authority to appoint a duly qualified impartial physician to
examine the injured employee and give testimony. The fee for such
service shall be five ($5) dollars, unless otherwise ordered by the court,
with mileage allowed, as is allowed to other witnesses, which shall be
taxed, as costs, and paid as other witness fees are paid. The employer
or employee may at his own expense also appoint a qualified physician,
who may attend and be present at any such examination of an injured
employee and give testimony at such hearing or investigation.
s EC. 13 Any order given and made in any investigation or hearing
by a court or judge pursuant to the provisions of this act shall be
reviewable by the State supreme court on proceedings in error in the
manner prescribed by the code of civil procedure: Provided, however,
That the petition in error, bill of exceptions, and record on appeal must
be filed in the supreme court within thirty (30) days from the date of
decision or order on motion for new trial by a court or a judge; unless
the time be extended by order of court or judge, and thirty (30) days
shall be allowed all parties thereafter for filing briefs, and said appeal
shall be advanced on the calendar and disposed of as promptly as pos
sible. In case an appeal to the supreme court is prosecuted on behalf of
the injured workman, the county and prosecuting attorney, or other
attorney representing said workman, shall order a transcript of the
record of the hearing and proceeding to be prepared by the official
court reporter of the district wherein said injury occurred and duly
certified 'without cost to said injured workman, and said county and
prosecuting attorney or other attorney shall order the papers on file in
the office of the district court to be by said clerk prepared, transcripted,
certified, and forwarded to the clerk of the-supreme court without cost
to the injured “workman, and the proceedings in the supreme court shall
be conducted on behalf of the injured workman by the attorney general

TE X T OF L A W S---- W Y O M IN G .

1037

of the State as a part of his official duties, and by other attorney repre
senting said workman. In case an appeal be prosecuted on behalf of
the employer, the record of the proceedings at the original hearing shall
be supplied without cost to such employer, but such employer may
employ counsel to conduct such appeal on his behalf.
S e c . 14. Every order given and made by a district court or judge
Records,
awarding payment from the industrial accident fund to an injured
employee or his dependent family, shall be entered of record by the
clerk of the court where given, and true copies thereof shall be immedi
ately made and certified by said clerk and forwarded to the State'
auditor and State treasurer, respectively, of Wyoming, and shall be by
each of- said officers entered upon a record to be known as the compen
sation docket, and shall be the authority and direction of the State
auditor to issue warrants for compensation awards against the indus
trial accident fund and for the State treasurer to pay such compensa
tion awards from said fund.
S e c . 15 (as amended by ch. 117, acts of 1919). There is hereby ereIndustrial acated a fund to be known as the “ industrial accident fund,” which shall Cldent fundbe held by the State treasurer and by him deposited in such banks as are
authorized to receive deposits of funds of the State. The treasurer in
making said deposits shall divide the said industrial accident fund into
two distinct funds, one to be known as the “ general fund” and the
other to be known as the “ reserve fund.” The “ general fund,” as
near as may be, shall be used for payment of all awards, claims, and
items of expense chargeable against the industrial accident fund, and
the ‘ ‘ reserve fund” shall not be used for any of said payments unless
the general fund at the time is insufficient to meet the demands upon
it, in which case the treasurer shall transfer from the reserve fund to
the general fund a sufficient amount to meet the immediate demands Reserve fund,
upon said general fund. The purpose of creating said reserve fund is to
provide a fund within the industrial accident fund sufficiently large to
pay great and unusual demands upon the industrial accident fund
which might be caused by a large disaster or by several such disasters
occurring within a short time, and the reserve fund shall be kept apart
from the general fund and as near as may be unused in accordance with
said purpose. Within thirty days from the date on which this act shall
take effect, the State "treasurer shall set aside in the reserve fund three
hundred thousand dollars ($300,000), and thereafter shall set saide in
this said reserve fund at the end of each month twenty-five per cent (25 % )
of all moneys received in the industrial accident fund during said month
in excess of the amount expended, the balance of moneys so received to
be used in the general fund. Three-fourths of the reserve fund shall
as near as may be kept invested in United States Government bonds.
All moneys received by the State treasurer under the provisions of this
act shall become a part of the industrial accident fund and there is
hereby appropriated out of the funds of the State treasury not other
wise appropriated the sum of thirty thousand dollars ($30,000) which
shall be paid into and become a part of such fund. There is also appro
priated annually, until otherwise provided by law out of any moneys
in the State treasury not otherwise appropriated, a sum equal to onefourth of the total sum which shall be received by the State treasurer
from employers under the provisions of section 16 hereof, not, however,
to exceed the sum of forty thousand dollars ($40,000) per annum, and
the money so appropriated shall be credited to and become a part of
such fund. All fees or mileage of witnesses, jurors, and physicians
adjudged to be paid from the accident fund in any court proceeding
under this act, and all contingent expenses incurred in preparing for
and in the administration of this act shall be paid from the industrial
accident fund on proper vouchers and warrants.
S e c . 16 (as amended by ch. 117, acts of 1919). Every employer
Premiums,
engaged in any of the occupations herein defined as extrahazardous,
is hereby required to pay into the State treasury for the benefit of the
industrial accident fund a sum of money equal to one and one-half
per cent (1|%) of the moneys earned by each of his employees engaged
in such extrahazardous employment during each calendar month of
such employment. Such payment shall be so made on or before the
15th day of the month following the month for which such payments
are computed and paid. The State treasurer shall keep a separate

1038

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account for each employer so contributing to said fund, but he shall
not charge against any employer the amount of any warrant until the
same has been paid. Each employer shall continue to make monthly
contributions as above provided, unless the sum theretofore contributed
by him, after deducting all payments made on account o f injuries to
liis employees and all allowances made on account of such injuries,
shall equal full one and one-half per cent ( 1J %) of his annual pay roll
computed by multiplying his'current month’s pay roll of workmen
engaged in extrahazardous employment by twelve and shall likewise
'be not less than five thousand ($5,000) dollars. ^Such employer shall
not be compelled to contribute when his contributions in the fund,
after making deductions as aforesaid, shall equal one and one-half
per cent (1 \%) of his annual pay roll, and shall likewise be not less
than five thousand ($5,000) dollars.
Copy of pay S e c . 17 (as amended by ch. 117, acts of 1919). It shall be the duty
ro *
of each employer to forward to the State treasurer on a blank form pro
vided by said State treasurer, a true copy of his pay roll of persons in
Ms employ engaged in extrahazardous employment during the current
calendar month, sworn to either by himself or the person having knowl
edge of said pay roll. Each employer, unless otherwise supplied with
the last above blank form, shall seasonably apply to said treasurer for
the same. Any failure of any such employer to file with said State
treasurer a copy of his pay roll as herein provided, shall be a misde
meanor, and any willfully false statement in any affidavit made as
herein provided shall likewise constitute a misdemeanor, and any
misdemeanor committed as in this act provided shall be punishable
by a fine of not more than five hundred ($500) dollars.
County assess*
S ec. 18 (as amended by ch. 69, acts of 1917). It shall be the duty of
or to mak« list.
^ u n ty assessor in each of the counties of the State to make a list
of all employers within his county who are engaged in extrahazardous
industries as defined by this act, and to forward such list of extra-

state treasurer. hazardous employments and industries to the State treasurer within
thirty (30) days after the passage and approval of this act. It shall
further be the duty of the county assessor in each county of the State
to make monthly reports to the State treasurer showing what, if any,
extrahazardous industries have suspended business permanently, and
what, if any, new extrahazardous industries have been established
and commenced in his county during the preceding month, and also
showing each extrahazardous industry of his county not theretofore
reported by him; and it shall be the duty of the State treasurer to
immediately proceed in the collection pf assessments from such extrahazardous industries in the manner provided in section 16 of this act,
and in case any county assessor shall fail to make the report required
by this act, or shall negligently fail to include in such report any em
ployer engaged in an extrahazardous business or industry and not there
tofore reported, he shall be guilty of a misdemeanor and shall be pun
ished by a fine of not more than five hundred ($500) dollars. And in
case any employer engaged in an extrahazardous business or industry,
as defined by this act, shall fail or refuse to pay the assessment upon hia
current monthly pay roll, as is required by this act, he shall be guilty
of a misdemeanor and shall be punished by a fine of not more than five
hundred ($500) dollars, and in addition to the said fine it shall be the
Attorney Gen- duty of the attorney general of this State to immediately bring suit in
eral*
the name of the State for the benefit of the industrial accident fund
against such employer for the collection of such assessment, and if a
judgment for the recovery of said assessment be given in favor of the
State for the use and benefit of the industrial accident fund said judg
ment shall be for double the amount of the pay roll assessment provided
by section 16 hereof, together with costs.
Compensation.
Sec, 19 (as amended by ch. 117, acts of 1919). Each employee, who
shall be injured in any of the extrahazardous employments, as herein
defined, or the dependent family of any such injured workman, who may
die as a result of such injuries, except in case of injuries due solely to
the culpable negligence of such injured employee, shall receive out of
the industrial accident fund, compensation in accordance with the
following schedule, and such payment shall be in lieu of and take the
place of any and all rights of action against any employer contributing

TEXT OF LA W S---- W Y O M IN G .

103

as required by this act to the industrial accident fund in favor of any
person or persons by reason of any such injuries or death:
(a) “ Permanent partial disability” means the loss of either one . Partial disabii*
foot, one leg, one hand, one arm, one eye, or the sight of one eye one Ity*
or more fingers, one or more toes, any dislocation where ligaments are
severed, or any other injury known in surgery to be permanent partial
disability. For any permanent partial disability resulting from any
injury the workman shall receive a lump sum as hereinafter specified.
For the loss of a thumb, $225.
For the loss of a first finger, $200.
For the loss of a second finger, $150.
For the loss of a third finger, $150.
For the loss of a fourth finger, $150.
For the loss of a palm (metacarpal bone), $600.
For the loss of a hand, $1,000.
For the loss of an arm at or below elbow, $1,200.
For the loss of an arm above elbow, $1,500.
For ankylosis (total stiffness of) or contractures (due to scars or
injuries) which makes the fingers more than useless, the same amounts
apply to such finger or fingers (not thumb) as given above.
The loss of the third or distal phalange of the thumb shall be con
sidered to be equal to the loss of one-half of such thumb; the loss of
more than one-half of such thumb shall be considered to be equal to
the loss of the whole thumb.
The loss of the third or distal phalange of any finger shall be con
sidered to be equal to the loss of two-thirds of such finger.
The loss of more than the middle and distal phalanges of any finger
shall be considered to be equal to the loss of the whole finger: Provided,
however, That in no case shall the amount received for more than one
finger exceed the amount provided in this schedule for the loss of a
hand.
For the loss of a great toe, $200.
For the loss of one of the toes other than great toe, $150.
The loss of more than two-thirds of any toe shall be considered to
be equal to the loss of the whole toe.
The loss of less than two-thirds of any toe shall be considered equal
to the loss of one-half of the toe.
For the loss of a foot, $1 ,000 .
For the loss of a leg below the knee, $1,200.
For the loss of a leg above the knee, $1,500.
For the loss of an eye or the sight thereof, $1,500.
For any other injury known to surgery to be permanent partial dis
ability the workman shall receive a lump sum in an amount propor
tioned to the extent of such permanent partial disability based as near
as may be upon the foregoing schedule.
(b) “ Permanent total disability ” means the loss of both legs, or both . Total disaMiarms, or one leg and one arm; total loss of eyesight, paralysis, or other lty~
condition permanently incapacitating the workman from performing
any work at any gainful occupation. Where there has been a previous Permanent;
disability, as the loss of one eye or the sight thereof, one hand, one
foot, or any other previous permanent disability, the percentage of
disability for a subsequent injury shall be determined by deducting
therefrom the percentage of the previous disability as it existed at
the time of the subsequent injury. When permanent total disability
results from the injury, the workman shall receive:
( 1 ) If unmarried at the time of injury, a lump sum of $2,500.
(2) If the workman had a wife or invalid husband, but no child
under the age of sixteen (16) years, a lump sum of $2,500.
(3) If the workman have a child or children under the age of sixteen
(16) years, for any such child or children the lump sum provided in
the preceding paragraph shall be increased by adding thereto one hun
dred ($100) dollars per year for each year until such child shall be of
the age of sixteen (16) years, but the total amount of such increased
sum allowed for children under sixteen (16) years shall not exceed in
the aggregate a lump sum of five thousand five hundred dollars ($5,500)
in any such case.
(c) “ Temporary total disability” means an injury which tempo- Temporary,
rarily incapacitates the injured person from performing any work at

1040

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states.

any gainful occupation for the time, but from which injury such per
son may recover by medical or surgical treatment and be able to re
sume work. In such cases, if the workman be unmarried at the time
of the injury, he shall receive the sum of thirty-five ($35) dollars per
month so long as the total disability shall continue. If he have a
wife with whom he is living at the time of the injury, he shall receive
forty ($40) dollars per month, and if he have children under sixteen
(16) years of age, he shall receive six ($6 ) dollars per month for each
child under sixteen (16) years of age, but the total monthly payment
shall not exceed sixty ($60) dollars per month. No compensation
shall be allowed for the first ten days of disability unless the incapacity
extends beyond the period of thirty days, in which case the compen
sation shall run from the time of the injury. As soon as recovery is so
complete that the earning power of the workman at any kind ol work
is restored, the payments shall cease, but in no case shall the total
payments made in such cases exceed in the aggregate the lump-sum
amount herein specified to be paid an injured workman for injuries
causing permanent total disability.
Medical, etc.,
(J) In all cases of total disability and permanent partial disability
•
the expense of medical attention and of care in hospital of the injured
workman shall be paid, not to exceed, however, one hundred dollars
($100) in any case, unless under general arrangement workman is entiBurial.
tied to medical attention and care in hospital. Where death results
from an injury, the expense of burial shall be paid not to exceed fifty
($50) dollars in any case, unless other arrangements exist between
employer and employee under agreement.
Death benefits,
(l) But if the workman leaves a widow" or invalid widower, such sur
viving spouse shall receive a lump-sum payment of two thousand ($2 ,000)
dollars: Provided, That if it be shown that the surviving spouse
willfully deserted deceased without fault upon the part of the deceased,
such surviving spouse shall not be regarded as a dependent in any
degree, but in such cases the right of children under sixteen (16) years
of age to compensation shall not be defeated. If said workman leaves
a surviving child or children under sixteen (16) years of age, the guar
dian of said children, appointed as hereinafter provided, shall receive
for the use and benefit of said children, a lump sum of one hundred
dollars ($100) per year for each surviving child under sixteen (16) years
of age until the time when each of said surviving children shall become
sixteen (16) years of age: Provided, That the aggregate lump sum paid
to said guardian shall in ho case exceed three thousand dollars ($3,000).
In all death cases where an order of compensation is made on account
of children under sixteen (16) years of 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.
(2 ) If the injured workman die during a period of temporary total
disability, and after receiving compensation therefor as herein pro
vided, and his death be shown to have resulted from such injuries, the
total amount of payments received by him during such disability and
prior to his death will be deducted from the lump amount herein pro
vided to be paid to the surviving widow and children under sixteen
(16) years of age in case of death resulting from injuries ‘
(3) If the workman leaves no widow, widower, or child under the age
of sixteen (16) years, but leaves a parent or parents surviving who were
actually dependent upon him for support, such surviving parent or
parents shall receive a lump sum which shall be computed at the rate
of fifty per cent (50 per cent) of the average monthly support actually
received by such parent or parents from the workman during the
twelve months next preceding the occurrence of the injury, calculated
as near as may be over the probable period such support would have
continued, but in no case exceeding the sum of one thousand ($1 ,000)
dollars.
Refusing treat- Sec. 20. If any injured employee shall persist in unsanitary or injument*
rious practice, which tends to imperil or retard his recovery, or if he
shall refuse to submit to such medical or surgical treatment as is
reasonably essential to promote his recovery, he shall forfeit all right
to compensation under this act; and where an injured employee is
under care and treatment of a physician, he shall not be permitted to
personally receive or use any compensation payments allowed him

TEXT OF LAW S— W YO M IN G .

1041

under this act, except upon the order of such physician, but such pay
ments shall be withheld and delivered to such injured workman upon
his recovery or discharge by such physician.
S e c . 21 . No money paid or payable under this act out of the indus Assignm ents,
trial accident fund shall, prior to issuance and delivery of the warrant etc.
therefor, be capable of being assigned, charged, or ever be taken in
execution or attached or garnishe[e]d, or shall the same pass to any other
person by operation of law any such assignment or charges shall be void.
Sec. 22 . A minor working at an age legally permitted under the laws Minors.
of this State shall be deemed sui juris for the purpose of this act and no
other person shall have any cause of action or right to compensation for
injury to such minor workman, except as expressly provided in this act,
but in the event of a lump-sum payment becoming due under this act to
such minor workman, the management of same shall be within the pro
bate jurisdiction of the courts, the same as any other properties of minors.
Sec. 23. Whenever the State, county, or any municipal corporation Public work.
shall engage in any extrahazardous work in which workmen are em
ployed for wages, this act shall be applicable thereto. The employer’s
payments into the industrial accident fund shall be made from the
treasury of the State, county, or municipality. If said work is being
done by contract, the pay roll of the contractor and the subcontractor
shall be the basis of computation and in the case of contract work con
suming less than one year in performance the required payment into the
accident fund shall be subject to the provisions of this act and the State
for its general fund, the county or municipal corporation shall be en
titled to collect from the contractor the full amount payable to the
industrial accident fund and the contractor, in turn, shall be entitled
to collect from the subcontractor his proportionate amount of payment;
the provisions of this section shall apply to all extrahazardous work done
by contract, except that in private work the contractor shall be respon
sible, primarily and directly, to the industrial accident fund for the
proper percentage of the total pay roll of the work and for the amounts
due it, and the owner of the property affected by the contract shall be
surety for such payments. Whenever and so long as the State law, city
charter, or municipal ordinance provision is made for municipal em
ployees injured in the course of employment, such employee shall not
be entitled to the benefits of this act and shall not be included in the
pay roll of the municipality under this act
Sec. 24. Nothing in this act contained shall repeal any existing law Safety devices.
providing for the installation or maintenance of any device, means, or
method for the prevention of accidents in extrahazardous work or for
a penalty or punishment for failure to install or maintain any such pro
tective device, means, or method.
S e c . 25. It shall be unlawful for any person or any number of per Fees.
sons acting together or separately or in any way, including attorneys,
agents, interpreters, and all other persons, to receive or agree to receive
either directly or indirectly from any beneficiary or beneficiaries under
this act, for services rendered or to be rendered, either jointly or sepa
rately, in relating to procuring any benefit or benefits under this act,
any sum or sums aggregating more than fifty dollars or more than five
per centum of the whole amount received or to be received by such
beneficiary or beneficiaries on account of injuries to any employee.
Every person violating or concerned in the violation of the provisions
of this section shall be guilty of a misdemeanor, and upon conviction
thereof shall be fined not less than fifty dollars nor more than five hun
dred dollars, to which may be added imprisonment in the county jail
for a term not exceeding ninety days.
Sec. 26. Any physician having attended an employee in a profes Physicians to
sional capacity may be required to testify before any court or judge testify.
when so directed in cases coming within the provisions of this act, and
the law of privileged communication between physician and patient,
as fixed by statutes, shall not apply in such cases.
F a ls e s ta te
S e c . 27. Any employee or workman who shall make or cause to be
made on his behalf any misrepresentation or false statement for the ments.
purpose of receiving compensation under this act to which he is not
lawfully entitled shall be guilty of a misdemeanor, and shall, on convic
tion, be fined not more than three hundred ($300) dollars or imprisoned
for not more than ninety (90) days.
177982°—21— Bull. 272------ 66

1042

WORKMEN TS COMPENSATION LAWS OF THE UNITED STATES.

g Ec. 28 (as amended by ch. 69, acts of 1917). It shall be the duty of
the State treasurer to secure and compile statistical information con
cerning accidents occurring in the extrahazardous employment defined
by this act, showing the number of accidents or fatalities occurring in
each of said employments, the amount paid in by each employer com
ing within the provisions of this act, the amount paid out on" account
of injuries or death resulting from injuries in such employments, and
any other information relating to the operation or administration of this
law that may be of interest, and to make a full report thereof, together
with such recommendations as he may deem proper for changes or
amendments herein, and to publish a full report thereof, to the gov
ernor on or before the 31st day of December in each year.
Employer’ s sEc. 29. The State treasurer may direct the State examiner to
books.
examine the books, accounts, or pay rolls of any employer at any time
for the purpose of securing any information desired m the administra
tion of this act, and it shall be the duty of the State examiner to perform
such service when called upon bv the State treasurer.
Medical exami
S e c . 30. Any workman awarded compensation for temporary total
nations.
disability under this act as defined by clause (c) of section 19 hereof
shall, if thereafter requested by his employer, submit himself for med
ical examination by a physician licensed "to practice medicine in this
State, at a place designated by the employer and which shall be rea
sonably convenient for the workman, and said workman may have a
licensed physician present of his own selection. The purpose of such
examination shall be to determine whether the workman has recovered
so that his earning power at any kind of work is restored. If it be
agreed that the workman has recovered so that his earning power at
any kind of work is restored, the fact shall be reported by the employer
and said physician to the judge of the district court who made the
award in the first instance, or if there be a^dispute as to the recovery
of the workman and his restoration to earning power, it shall be like
wise reported to said judge by filing a statement in either case in the
office of the clerk of the district court of the county where the award
was made and the matter shall be disposed of in such manner as said
judge may deem proper under the facts. If said judge find that said
workman has recovered and has been restored to his earning power, and
that compensation should be discontinued, his decision and judgment
in the premises shall be certified to the State auditor and State treas
urer, and shall be authority and direction to said officers to discon
tinue compensation payments. If the workman in such case refuse to
submit to such examination or obstructs the same, his right to monthly
payments shall be suspended until such examination has taken place,
and no compensation shall be payable during or for account of such
period or refusal.
Dependents.
Sec. 31. All employees or workmen coming within the provisions
of this act shall be required upon entering service in any of the extrahazardous employments herein defined to make and sign a written state
ment setting forth the names of the persons dependent upon them for
support or constituting members of their dependent families, in each
case giving the names and ages of their children under the age of sixteen
(16) years.
Payments
to
Sec. 32. All payments made into the accident fund by any and
fund.
every employer under the provisions of this act shall be taken as paid
and received in consideration of the indemnity to such employer by
reason of his contributing to the industrial accident fund and in con
sideration of the payments made by the State to such fund, and no
part of 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: Provided, however, If this
act shall be hereafter repealed or held invalid, all moneys which are
in the industrial fund at the time of the repeal or final holding of
invalidity shall be subject to such disposition as may be provided by
the legislature, and in default of such legislative provision, distribution
thereof shall be in accordance with the justice of the matter, due regard
being had to obligations of compensation incurred and existing.
Act in effect.
Sec. 34. This act shall take effect and be in force from and after the
1st day of April, 1915.
Approved February 27, 1915/
Accident

sta-

UNITED STATES.
ACTS OF 1915-16.
(Public No. 267.)

Compensation for injuries to civil employees o f the United States.
S e c t io n 1. The United States shall pay compensation as here- Compensation
inafter specified for the disability or death of an employee resulting paya ew 0a'
from a personal injury sustained while in the performance of his duty,
but no compensation shall be paid if the injury or death is caused by
the willful misconduct of the employee or by the employee’s inten
tion to bring about the injury or death of himself or of another, or if
intoxication of the injured employee is the proximate cause of the
injury or death.
Sec. 2. During the first three days of disability the employee shall Waiting time,
not be entitled to compensation except as provided in section nine.
No compensation shall at any time be paid for such period.
Sec. 3. If the disability is total the United States shall pay to thef01c to^a^disabl^
disabled employee during such disability a monthly compensation it*1 1'
equal to sixty-six and two-thirds per centum of his monthly pay,
except as hereinafter provided.
Sec. 4. If the disability is partial the United States shall pay to Partial disabiithe disabled employee during such disability a monthly compensa- 15 ’
tion equal to sixty-six and two-thirds per centum of the difference
between his monthly pay and his monthly wage-earning capacity
after the beginning of such partial disability. The commission may,
from time to time, require a partially disabled employee to make an tofeet^rt®irJJ^ t3 83
affidavit as to the wages which he is then receiving. In such affidavit
the employee shall include a statement of the value of housing, board,
lodging, and other advantages which are received from the employer
as a part of his remuneration and which can be estimated in money.
If the employee, when required, fails to make such affidavit, he shall
not be entitled to any compensation while such failure continues,
and the period of such failure shall be deducted from the period during
which compensation is payable to him.
Sec. 5. If a partially disabled employee refuses to seek suitable Reflising work»
work or refuses or neglects to work after suitable work is offered to,
procured by,*or secured for him, he shall not be entitled to any com
pensation.
Sec. 6 . The monthly compensation for total disability shall not be Maximum and
more than $66.67 nor less than $33.33, unless the employee’ s monthly
pay'
pay is less than $33.33, in which case his monthly compensation shall
be the full amount of his monthly pay. The monthly compensation
for partial disability shall not be more than $66.67. In the case of
persons who at the time of the injury were minors or employed in a
learner’s capacity and who were not physically or mentally defective, Learners,
the commission shall, on any review after the time when the monthly
wage-earning capacity of such persons would probably, but for the
injury, have increased, award compensation based on such probable
monthly wage-earning capacity. The commission may, on any
review after the time when the monthly wage-earning capacity of the
disabled employee would probably, irrespective of the injury, have
decreased on account of old age, award compensation based on such Aged empioyprobable monthly wage-earning capacity.
ees‘
Sec. 7. As long as the employee is in receipt of compensation under °
r pa ythis act, or, if he has been paid a lump sum in commutation of install-ments*
ment payments, until the expiration of the period during which such in
stallment payments would have continued, he shall not receive from
the United States any salary, pay, or remuneration whatsoever escept in
return for services actually performed, and except pensions for service
in the Army or Navy of the United States.
Sec. 8 . If at the time the disability begins the employee has an- . Annual aad
nual or sick leave to his credit he may, subject to the approval o fsicfcleave-

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W O RKM E N ’ S COMPENSATION LAW S OF TH E UNITED STATES.

the head of the department, use such leave until it is exhausted, in
which case his compensation shall begin on the fourth day of disability
after the annual or sick leave has ceased.
Medical, etc.,
s Ec. 9. Immediately after an injury sustained by an employee
!rvices.
while in the performance of his duty, whether or not diability has
arisen, and for a reasonable time thereafter, the United States shall
furnish to such employee reasonable medical, surgical, and hospital
services and supplies unless he refuses to accept them. Such services
and supplies shall be furnished by United States medical officers and
hospitals, but where this is not practicable shall be furnished by pri
vate physicians and hospitals designated or approved by the commis
sion and paid for from the employees’ compensation fund. If neces
sary for the securing of proper medical, surgical, and hospital treat
ment, the employee, in the discretion of the commission, may be
furnished transportation at the expense of the employees’ compensa
tion fund.
Compensation
S ec . 10. If death results from the injury within six years the United
States shall pay to the following persons for the following periods a
monthly compensation equal to the following percentages of the de
ceased employee’s monthly pay, subject to the modification that no
compensation shall be paid where the death takes place more than
one year after the cessation of disability resulting from such injury,
or, if there has been no disability preceding death, more than one
year after the injury:
Widow.
(A) To the widow, if there is no child, thirty-five per centum.
This compensation shall be paid until her death or marriage.
Widower.
(B) To the widower, if there is no child, thirty-five per centum if
wholly dependent for support upon the deceased employee at the
time of her death. This compensation shall be paid until his death
or marriage.
Children.
(C) To the widow or widower, if there is a child, the compensation
payable under clause (A) or clause (B) and in addition thereto ten per
centum for each child, not to exceed a total of sixty-six and two-thirds
per centum for such widow or widower and children. If a child has
a guardian other than the surviving widow or widower, the compensa
tion payable on account of such child shall be paid to such guardian.
The compensation payable on account of any child shall cease when
he dies, marries, or reaches the age of eighteen, or, if over eighteen,
and incapable of self-support, becomes capable of self-support.
O r p h a n chil
(D) To the children, if there is no widow or widower, twenty-five
dren.
per centum for one child and ten per centum additional for each addi
tional child, not to exceed a total of sixty-six and two-thirds per centum,
divided among such children share and share alike. The compensa
tion of each child shall be paid until he dies, marries, or reaches the
age of eighteen, or, if over eighteen and incapable of self-support,
becomes capable of self-support. The compensation of a child under
legal age shall be paid to its guardian.
Parents.
(E) To the parents, if one is wholly dependent for support upon
the deceased employee at the time of his death and the other is not
dependent to any extent, twenty-five per centum; if both are wholly
dependent, twenty per centum to each; if one is or both are partly
dependent, a proportionate amount in the discretion of the commission.
The above percentages shall be paid if there is no widow, widower,
or child. If there is a widow, widower, or child, there shall be paid
so much of the above percentages as, when added to the total percenages payable to the widow, widower, and children, will not exceed a
total of sixty-six and two-thirds per centum.
Other depend- (F) To the brothers, sisters, grandparents, and grandchildren, if one
e
is wholly dependent upon the deceased employee for support at the
time of his death, twenty per centum to such dependent; if more than
one are wholly dependent, thirty per centum, divided among such dedependents share and share alike; if there is no one of them wholly
dependent, but one or more partly dependent, ten per centum divided
among such dependents share and share alike.
The above percentages shall be paid if there is no widow, widower,
child, or dependent parent. If there is a widow, widower, child, or
dependent parent, there shall be paid so much of the above percentages
as, when added to the total percentage payable to the widow, widower,

TEXT OF LAW S---- UNITED STATES.

1045

children, and dependent parents, will not exceed a total of sixty-six
and two-thirds per centum.
(G) The compensation of each beneficiary under clauses (E) and Term of pay(F) shall be paid for a period of eight years from the time of the death, menlsunless before that time he, if a parent or grandparent, dies, marries, or
ceases to be dependent, or, if a brother, sister, or grandchild, dies,
marries, or reaches the age of eighteen, or, if over eighteen and in
capable of self-support, becomes capable of self-support. The com
pensation of a brother, sister, or grandchild under legal age shall be
paid to his or her guardian.
(H) As used in this section, the term “ child ” includes stepchildren Definitions,
adopted children, and posthumous children, but does not include mar
ried children. The terms “ brother” and “ sister” include step
brothers and stepsisters, half brothers and half sisters, and brothers
and sisters by adoption, but do not include married brothers or married
sisters. All of the above terms and the term “ grandchild” include
only persons who at the time of the death of the deceased employee
are under eighteen years of age or over that age and incapable of selfsupport. The term “ parent” includes step-parents and parents by
adoption. The term “ widow” includes only the decedent’s wife
living with or dependent for support upon him at the time of his death.
The term “ widower” includes only the decendent’s husband depen
dent for support upon her at the time of her death. The terms “ adop
ted ” and “ adoption ” as used in this clause include only legal adoption
prior to the time of the injury.
(I) Upon the cessation of compensation under this section to or on Readjustments,
account of any person, the compensation of the remaining persons en
titled to compensation for the unexpired part of the period during
which their compensation is payable shall be that which such persons
would have received if they had been the only persons entitled to com
pensation at the time of the decedent’s death.
(J) In case there are two or more classes of persons entitled to com- Apportionpensation under this section and the apportionment of such compen- ^ents.
sation, above provided, would result in injustice, the commission may,
in its discretion, modify the apportionment to meet the requirements
of the case.
(K) In computing compensation under this section, the monthly Wage basis,
pay shall be considered not to be more than $100 nor less than $50, but
the total monthly compensation shall not exeed the monthly pay com
puted as provided in section twelve.
(L) If any person entitled to compensation under this section, Accepting paywhose compensation by the terms of this section ceases upon his marmar"
riage, accepts any payments of compensation after his marriage he
shall be punished by a fine of not more than $2,000 or by imprisonment
for not more than one year, or by both such fine and imprisonment.
Sec . 11. If death results from the injury within six years the United Burial, etc., exStates shall pay to the personal representative of the deceased employee penses*
burial expenses not to exceed $100, in the discretion of the commission.
In the case of an employee whose home is within the United States, if
his death occurs away from his home office or outside of the United
States, and if so desired by his relatives, the body shall, in the discre
tion of the commission, be embalmed and transported in a hermetically
sealed casket to the home of the employee. Such burial expenses shall
not be paid and such transportation shall not be furnished where the
death takes place more than one year after the cessation of disability
resulting from such injury, or, if there has been no disability preceding
death, more than one year after the injury.
Sec. 12. In computing the monthly pay the usual practice of the Computation of
service in which the employee was employed shall be followed. Sub- pay*
sistence and the value of quarters furnished an employee shall be in
cluded as part of the pay, but overtime pay shall not be taken into
account.
Sec. 13. In the determination of the employee’s monthly wage-earn- Housing,board,
ing capacity after the beginning of partial disability, the value of h o u s - *
ing, board, lodging, and other advantages which are received from his
employer as a part of his remuneration and which can be estimated in
money shall be taken into account.
Sec. 14. In cases of death or of permanent total or permanent partial Lumpsums,
disability, if the monthly payment to the beneficiary is less than $5

1046

W O RKM EN TS COMPENSATION LAW S OF TH E UNITED STATES.

a month, or if the beneficiary is or is about to become a nonresident of
the United States, or if the commission determines that it is for the best
interests of the beneficiary, the liability of the United States for com
pensation to such beneficiary may be discharged by the payment of a
lump sum equal to the present value of all future payments of compen
sation computed at four per centum true discout compounded annually.
The probability of the beneficiary’s death before the expiration of the
period during which he is entitled to compensation shall be determined
according to the American Experience Table of Mortality; but in case
of compensation to the widow or widower of the deceased employee,
such lump sum shall not exceed sixty months’ compensation. The
probability of the happening of any other contingency affecting the
amount or duration of the compensation shall be disregarded.
Notice.
S e c . 15. Every employee injured in the performance of his duty, or
someone on his behalf, shall, within forty-eight hours after the injury,
give written notice thereof to the immediate superior of the employee.
Such notice shall be given by delivering it personally or by depositing
it properly stamped and addressed in the mail.
Contents.
S e c . 16. The notice shall state the name and address of the employee,
the year, month, day, and hour when and the particular locality where
the injury occurred, and the cause and nature of the injury, and shall
be signed by and contain the address of the person giving the notice.
Compensation
S e c . 17. Unless notice is given within the time specified or unless
withheld, when. tjie immediate superior has actual knowledge of the injury, no compen
sation shall be allowed, but for any reasonable^cause shown, the com
mission may allow compensation if the notice is filed within one year
after the injury.
Claims.
Sec. 18. No compensation under this act shall be allowed to any
person, except as provided in section thirty-eight, unless he or some
one on his behalf shall, within the time specified in section twenty,
make a written claim therefor. Such claim shall be made by de
livering it at the office of the commission or to any commissioner or to
any person whom the commission may by regulation designate, or by
depositing it in the mail properly stamped and addressed to the com
mission or to any person whom the commission may by regulation
designate.
Forms.
Sec. 19. Every claim shall be made on forms to be furnished by
the commission and shall contain all the information required by the
commission. Each claim shall be sworn to by the person entitled to
compensation or by the person acting on his behalf, and, except in
case of death, shall be accompanied by a certificate of the employee’s
physician stating the nature of the injury and the nature and probable
extent of the disability. For any reasonable cause shown the com
mission may waive the provisions of this section.
Timeforclaims.
S e c . 20. All original claims for compensation for disability shall be
made within sixty days after the injury. All original claims for com
pensation for death shall be made within one year after the death. For
any reasonable cause shown the commission may allow original claims
for compensation for disability to be made at any time within one
year.
Medical examiS e c . 21. After the injury the employee shall, as frequently and a t
nations.
such times and places as may be reasonably required, submit himself
to examination by a medical officer of the tlnited States or by a duly
qualified physician designated or approved by the commission. The
employee may have a duly qualified physician designated and paid
by him present to participate in such examination. For all examina
tions after the first the employee shall, in the discretion of the commis
sion, be paid his reasonable traveling and other expenses and loss of
wages incurred in order to submit to such examination. If the em
ployee refuses to submit himself for or in any way obstructs any
examination, his right to claim compensation under this act shall be
suspended until such refusal or obstruction ceases. No compensation
shall be payable while such refusal or obstruction continues, and the
period of such refusal or obstruction shall be deducted from the
period for which compensation is payable to him.
Medical referee.
S e c . 22. In case of any disagreement between the physician making
an examination on the part of the United States and the employee’s
physician the commission shall appoint a third physician, duly quali
fied, who shall make an examination.

TEXT OF LAW S---- UNITED STATES.

1047

S e c . 23. Fees for examinations made on the part of the United
FeesStates under sections twenty-one and twenty-two by physicians who
are not already in the service of the United States shall be fixed by
the commission. Such fees, and any sum payable to the employee
under section twenty-one, shall be paid out of the appropriation for
the work of the commission.
S e c . 24. Immediately after an injury to an employee resulting in . Reports of ijn|uhis death or in his probable disability, his immediate superior shallnes'
make a report to the commission containing such information as the
commission may require, and shall thereafter make such supplementary
reports as the commission may require.
S e c . 25. Any assignment of a claim for compensation under this act A ssignm en ts,
shall be void and all compensation and claims therefor shall be exem ptetc*
from all claims of creditors.
S e c . 2 6. If an injury or death for which compensation is payable Assignments of
under this act is caused under circumstances creating a legal liability agahisUMrd p?rupon some person other than the United States to pay damages therefor, ties,
the commission may require the beneficiary to assign to the United
States any right of action he may have to enforce such liability of such
other person or any right which he may have to share in any money or
other property received in satisfaction of such liability of such other
person, or the commission may require said beneficiary to prosecute
said action in his own name.
If the beneficiary shall refuse to make such assignment or to prosecute
said action in his own name when required by the commission, he
shall not be entitled to any compensation under this act.
The cause of action when assigned to the United States may be
prosecuted or compromised by the commission, and if the commission
realizes upon such cause of action, it shall apply the money or other
property so received in the following manner: After deducting the
amount of any compensation already paid to the beneficiary and the
expenses of such realization or collection, which sum shall be placed to
the credit of the employees’ compensation fund, the surplus, if any,
shall be paid to the beneficiary and credited upon any future pay
ments of compensation payable to him on account of the same injury.
S e c . 27. If an injury or death for which compensation is payable
under this act is caused under circumstances creating a legal liability
in some person other than the United States to pay damages therefor,
and a beneficiary entitled to compensation from the United States for
such injury or death receives, as a result of a suit brought by him or ^Settle me
on his behalf, or as a result of a settlement made by him or on his
third 1>ar‘
behalf, any money or other property in satisfaction of the liability
of such other person, such beneficiary shall, after deducting the costs
of suit and a reasonable attorney’s fee, apply the money or other
property so received in the following manner:
(A) If his compensation has been paid in whole or in part, he shall
refund to the United States the amount of compensation which has
been paid by the United States and credit any surplus upon future
payments of compensation payable to him on account of the same
injury. Any amount so refunded to the United States shall be placed
to the credit of the employees’ compensation fund.
(B) If no compensation has been paid to him by the United States,
he shall credit the money or other property so received upon any com
pensation payable to him by the United States on account of the same
injury.
S e c . 28. A commission is hereby created, to be known as the United
States Employees’ Compensation Commission, and to be composed of
three commissioners appointed by the President, by and with the
advice and consent of the Senate, one of whom shall be designated by
the President as chairman. No commissioner shall hold any other Co mmissi a a
office or position under the United States. No more than two of said cr
commissioners shall be members of the same political party. One of
said commissioners shall be appointed for a term of two years, one for
a term of four years, and one for a term of six years, and at the expira
tion of each of said terms, the commissioner then appointed shall.be
appointed for a period of six years. Each commissioner shall receive
a salary of $4,000 a year. The principal office of said commission shall
be in Washington, District of Columbia, but the said commission is

1048

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

law s

of t h e

u n it e d

states.

authorized to perform its work at any place deemed necessary by said
commission, subject to the restrictions and limitations of this act.
Sec. 28a. Upon the organization of said commission and notification
of the heads of all executive departments that the commission is
ready to take up the work devolved upon it by this act, all commissions
and independent bureaus, by or in which payments for compensation
Transfer of are now provided, together with the adjustment and settlement of
claims and emclaimS) shall cease and determine, and such executive depart
ployees.
ments, commissions, and independent bureaus, shall transfer all
pending claims to said commission to be administered by it. The said
commission may obtain, in all cases, in addition to the reports provided
in section 24, such information and such reports from employees of the
departments as may be agreed upon by the commission and the heads
of the respective departments. All "clerks and employees now ex
clusively engaged in carrying on said work in the various executive
departments, commissions, and independent bureaus, shall be trans
ferred to, and become employees of, the commission at their present
grades and salaries,
Powers
to Sec. 29. The commission, or any commissioner by authority o!
witnesses,
the commission, shall have power to issue subpoenas for and com
pel the attendance of witnesses within a radius of one hundred miles,
to require the production of books, papers, documents, and other evi
dence, to administer oaths, and to examine witnesses, upon any matter
within the jurisdiction of the commission.
Employees °f Sec. 30. The commission shall have such assistants, clerks, and other
commission.
employees as may be from time to time provided by Congress. They
shall be appointed from lists of eligibles to be supplied by the Civil
Service Commission, and in accordance with the civil-service law.
Estimates.
Sec . 31. The commission shall submit annually to the Secretary
of the Treasury estimates of the appropriation necessary for the work
of the commission.
Rules, regula Sec. 32. The commission is authorized to make necessary rules and
tions, etc.
regulations for the enforcement of this act, and shall decide all ques
tions arising under this act.
An n u a l re- Sec. 33. The commission shall make to Congress at the beginning
ports.
of each regular session a report of its work for the preceding fiscal year,
including a detailed statement of appropriations and expenditures,
a detailed statement showing receipts of and expenditures from the em
ployees’ compensation fund, and its recommendations for legislation.
Expenses.
Sec. 34. For the fiscal year ending June thirtieth, nineteen hundred
and seventeen, there is hereby authorized to be appropriated, from
any money in the Treasury not otherwise appropriated, the sum of
$50,000 for the work of the commission, including salaries of the com
missioners and of such assistants, clerks, and other employees as the
commission may deem necessary, and for traveling expenses, expenses
of medical examinations under sections twenty-one and twenty-two,
reasonable traveling and other expenses and loss of wages payable to
employees under section twenty-one, rent and equipment of offices,
purchase of books, stationery, and other supplies, printing and binding
to be done at the Government Printing Office, and other necessary
expenses.
Compensation Sec. 35. There is hereby authorized to be appropriated, from any
fund.
money in the Treasury not otherwise appropriated, the sum of $500,000,
to be set aside as a separate fund in the Treasury, to be known as the
employees’ compensation fund. To this fund there shall be added
such sums as Congress may from time to time appropriate for the pur
pose. Such fund, including all additions that may be made to it, is
hereby authorized to be permanently appropriated for the payment
of the compensation provided by this act, including the medical, sur
gical, and hospital services and supplies provided by section nine, and
the transportation and burial expenses provided by sections nine and
eleven. The commission shall submit annually to the Secretary of
the Treasury estimates of the appropriations necessary for the main totenance of the fund.
Findings and S ec . 36. The commission, upon consideration of the claim presented
awards.
by the beneficiary, and the report furnished by the immediate superior
and the completion of such investigation as it may deem necessary, shall
determine and make a finding of facts thereon and make an award for

TEXT OF LAW S---- UNITED STATES.

1049

or against payment of the compensation provided for in this act. Com
pensation when awarded shall be paid from the employees’ compensa
tion fund.
S e c . 37. If the original claim for compensation has been made within
Review,
the time specified in section twenty, the commission may, at any time,
on its own motion or on application, review the award, and, in accord
ance with the facts found on such review, may end, diminish, or in
crease the compensation previously awarded, or, if compensation has
been refused or discontinued, award compensation.
S e c . 38. If any compensation is paid under a mistake of law or of
Mistakes,
fact, the commission shall immediately cancel any award under which
such compensation has been paid and shall recover, as far as practicable,
any amount which has been so paid. Any amount so rcovered shall
be placed to the credit of the employees’ compensation fund.
S e c . 39. Whoever makes, in any affidavit required under section
F a ls e
statofour or in any claim for compensation, any statement, knowing it to ments*
be false, shall be guilty of perjury and shall be punished by a fine of
not more than $2 ,000, or by imprisonmment for not more than one year,
or by both such fine and imprisonment.
Definitions.
S e c . 40. Wherever used in this act—
The singular includes the plural and the masculine includes the
feminine.
The term “ employee” includes all civil employees of the United
States and of the Panama Railroad Company.
The term “ commission” shall be taken to refer to the United States
Employees’ Compensation Commission provided for in section twentyeight.
The term “ physician” includes surgeons.
The term “ monthly pay” shall be taken to refer to the monthly pay
at the time of the injury.
Repeal.
S e c . 41. All acts or parts of acts inconsistent with this act are hereby
repealed: Provided, however, That for injuries occurring prior to the
passage of this act compensation shall be paid under the law in force at
the time of the passage of this act: And 'provided further, That if an
injury or death for which compenssation is payable under this act is
caused under circumstances creating'a legal liability in the Panama
Railroad Company to pay damages therefor under the laws of any L i a b i l i t y of
State, Territory, or possession of the United States or of the District company.&1 **
of Columbia or of any foreign country, no compensation shall be payable
until the person entitled to compensation release to the Panama Rail
road Company any right of action which he may have to enforce such
liability of the Panama Railroad Company, or until he assigns to the
United States any right which he may have to share in any money or
other property received in satisfaction of such liability of the Panama
Railroad Company.
S e c . 42. The President may, from time to time, transfer the admin- Administration
tration of this act so far as employees of the Panama Canal and of the
Tlaskan
Panama Railroad Company are concerned to the governor of the Pana- Railways,
ma Canal, and so far as employees of the Alaskan Engineering Com
mission are concerned to the chairman of that commission, in which
cases the words “ commission” and “ its” wherever they appear in this
act shall, so far.as necessary to .give effect to such transfer, be read “ gov
ernor of the Panama Canal” or “ chairman of the Alaskan Engineering
Commission,” as the case may be, and “ his” ; and the expenses of
medical examinations under sections twenty-one and twenty-two,
and the reasonable traveling and other expenses and loss of wages pay
able to employees under section twenty-one, shall be paid out of appro
priations for the Panama Canal or for the Alaskan Engineering Com
mission or out of funds of the Panama Railroad, as the case may be,
instead of out of the appropriation for the work of the commission.
In the case of compensation to employees of the Panama Canal or
of the Panama Railroad Company for temporary disability, either total
or partial, the President may authorize the governor of the Panama
Canal to waive, at his discretion, the making of the claim required by
section eighteen. In the case of alien employees of the Panama Canal
or of the Panama Railroad Company, or of any class or classes of them,
the President may remove or modify the minimum limit established by
section six on the monthly compensation for disability and the mini-

1050

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COMPENSATION LAW S OF THE UNITED STATES.

mum limit established by clause (K ) of section ten 011 the monthly
pay 011 which death compensation is to be computed. The President
may authorize the governor of the Panama Canal and the chairman
of the Alaskan Engineering Commission to pay the compensation pro
vided by this act, including the medical, surgical, and hospital serv
ices and supplies provided by section nine and the transportation and
burial expenses provided by sections nine and eleven, out of the appro
priations for the Panama Canal and for the Alaskan Engineering Com
mission, such appropriations to be reimbursed for such payments by
the transfer of funds from the employees’ compensation fund.
Approved September 7, 3916.
EXECUTIVE ORDERS.
No. 2455.—Employees of the Panama Canal and Panama Railroad Co.
By virtue of the authority vested in me by section 42 of the act
entitled “ An act to provide compensation for employees of the United
States suffering injuries while in the performance of their duties, and
for other purposes,” approved September 7, 1916, it is hereby ordered:
Transfer of
1. That the administration of the act entitled “ An act to provide
powers.
compensation for employees of the United States suffering injuries
while in the performance of their duties, and for other purposes,” ap
proved September 7, 1916, so far as employees of the Panama Canal
and of the Panama Railroad Co. are concerned, is hereby transferred
to the governor of the Panama Canal.
Power to w aive
2 . That in the case of compensation to employees of the Panama
claims.
Canal, or of the Panama Railroad Co., for temporary disability, either
total or partial, the governor of the Panama Canal is hereby authorized
to waive, at his discretion, the making of the claim required by section
eighteen of said act.
A lien employ*
3 . That in the case of alien employees of the Panama Canal, or of
ees*
the Panama Railroad Co., the minimum limit established by section
six on the monthly compensation for disability, and the minimum
limit established by clause (K) of section ten on the monthly pay on
which death compensation is to be computed, is hereby removed/
Benefit*.
4 . That the governor of the Panama Canal is hereby authorized to
pay the compensation provided by said act, including the medical,
surgical, and hospital services and supplies provided by section nine
and the transportation and burial expenses provided by sections nine
and eleven, out of the appropriations for the Panama Canal, such
appropriations to be reimbursed for such payments by transfer of funds
from the employees’ compensation fund.
September 15, 1916.

No. 2463.—Employees of the Alaskan Engineering Commission.
Upon the recommendations of the Secretary of the Interior and the
chairman of the Alaskan Engineering Commission, and by virtue of
authority contained in section forty-two of “ An act to provide compen
sation for employees of the United States suffering injuries while in
the performance of their duties, and for other purposes’’ (Public, No.
T r a n s f e r o / 267, 64th Cong., 39 Stat., p. 742), approved September 7, 1916, I hereby
powers.
direct the chairman of the Alaskan Engineering Commission to admin
ister the provisions of this act in so far as employees of the Alaskan
Engineering Commission are concerned; and the expenses of medical
examinations under sections twenty-one and twenty-two, and the
reasonable traveling and other expenses and loss of wages payable to
Expenses.
employees under section twenty-one, shall be paid out of appropria
tions for “ Construction and operation of railroads in Alaska.”
I
further direct the chairman of the Alaskan Engineering Commis
sion to pay the compensation provided by the aforementioned act,
including the medical, surgical, and hospital services and supplies
Benefits.
provided by section nine and the transportation and burial expenses
provided by sections nine and eleven out of appropriations for the
“ Construction and operation of railroads in Alaska,” such appropria
tions to be reimbursed for such payments by transfer of funds from the
employees’ compensation fund.
September 29, 1916.

TEXT OF WORKMEN'S COMPENSATION LAWS OF
CANADA.
ALBERTA.
ACTS OF 1918,
C h a p t e r 5 .— Compensation of workmen for injuries.
S e c t io n 1. This act may be cited as “ The workmen’s compensation T itle.
act, 1918.”
S e c . 2 . In this act, and in the schedules hereto, unless the context Definitions*
otherwise requires—
(a) “ Accident ” shall include a willful and intentional act, not being
the act of the workman, and shall also include a chance event occasioned
by a physical or natural cause.
(b) “ Accident funds ” shall mean the funds provided for the pay
ment of compensation, outlays, and expenses and the cost of installation
and operation of mine rescue stations under this act.
(c) “ Board ” shall mean the commission as constituted under this act.
(d) “ Compensation” shall include medical aid except where such
interpretation is inconsistent with the context.
(e) “ Dependents” shall mean such of the members of the family of a
workman as were wholly or partially dependent upon his earnings at
the time of his death or who but for the incapacity due to the accident
would have been so dependent.
(/) “ Employer” shall include every person having in his service
under a contract of hiring, or apprenticeship, written or oral, express os*
implied, any person engaged in any work in or about an industry to
which this act applies and includes municipal corporations, school
boards, commissions and boards having the management of any work
or service operated for a municipal corporation and shall include the
Crown in the right of the province, and any permanent board or com
mission appointed thereunder in respect of any employment whatsoever;
and where the services of a workman are temporarily let or hired to
another person by the person with whom the workman has entered into
such a contract the latter shall be deemed to continue to be the em
ployer of the workman while he is working for that other person.
(g) “ Employment” means and includes employment in any estab
lishment, undertaking, trade or business within the scope of this act,
and in the case of any undertaking not as a whole an industry within
the scope of this act, includes any department or part of such under
taking as would if carried on separately be an industry within the scope
of this act.
(h) “ Industiy ” in this act shall include establishment, undertaking,
trade, and business as included in the schedules hereto.
(i) “ Industrial disease” shall mean any of the diseases mentioned in
the form hereto and any other disease which by the regulations is
declared to be an industrial disease.
(?) “ Invalid” shall mean phvsicallv or mentally incapable of
earning.
.
(h)
‘ Medical referee” shall mean medical referee appointed by the
board.
“ Member of the family” shall mean and include wife, husband,
(I)
father, mother, grandfather,' grandmother, stepfather, stepmother, son,
daughter, grandson, granddaughter, stepson, stepdaughter, brother,
sister, half brother, half sister, and a person who stood in loco parentis
to the workman or to whom the workman stood in loco parentis,
whether related to him by consanguinity or not so related and where
the workman is the parent or grandparent of an illegitimate child shall
include such child, and where the workman is an illegitimate child
shall include his parents and grandparents.
1051

1052

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COMPENSATION LAWS OF CANADA.

(m) “ Mine” shall mean mine as defined by an act respecting
Baines, being chapter 4 of the statutes of Alberta, 1913.
(n) “ Regulations” shall mean regulations made by the board under
the authority of this act.
(o)
‘ ‘ Workman ” shall include a person who has entered into or works
under a contract of service or apprenticeship, written or oral, express or
implied, whether by way of manual labor or otherwise, and shall also
include any person engaged in training for mine rescue work or who,
with the knowledge and consent of the management, is doing recovery
work after an explosion, accident or catastrophe.
(p) ‘ ‘ Construction” shall include reconstruction, repair, alteration
and demolition.
(q) “ Outworker” shall mean a person to whom articles or materials
are given out to be made up, cleaned, washed, altered, ornamented,
finished, repaired or adapted for sale in his own home or on other
premises not under the control or management of the person who gave
out the articles or materials.
(r) “ Manufacturing” shall include making, preparing, altering,
repairing, ornamenting, printing, finishing, packing, assembling the
parts of and adapting for use or sale any article or commodity.
Board.
Sec. 3. There is hereby constituted a commission for the adminis
tration of this act, to be called the workmen’s compensation board,
which shall consist of not more than three members to be appointed
by the lieutenant governor in council and shall be a body corporate.
Chairman.
Sec. 4. One of the commissioners shall be appointed by the lieu
tenant governor in council to be chairman of the board and he shall
hold that office while he remains a member of the board,
Temporary apSec. 5. In case of the death, illness, or absence from Alberta of a
pDintees.
commissioner or of his inability to act from any cause the lieutenant
governor in council may appoint some person to act pro tempore in his
stead and the person so appointed shall have all the powers and per
form all the duties of a commissioner.
Term.
Sec. 6 . Each commissioner shall hold office during good behavior,
but may be removed at any time for cause.
Quorum.
Sec. 7. The presence of two commissioners shall be necessary to con
stitute a quorum of the board.
Same.
Sec. 8 . A vacancy in the board shall not if there remain two members
of it impair the authority of such two members to act.
Office.
Sec. 9. The office of the board shall be situated in the city of Ed
monton, and its sittings shall be held there except where it is expe
dient to hold sittings elsewhere, and in that case sittings may be held
in any part of Alberta.
Salaries.
Sec. 10. The members of the board shall receive such salaries as may
be fixed by the lieutenant governor in council.
Powers.
Sec. 1 1 . The board shall have like powers as the supreme court for
compelling the attendance of witnesses and of examining them under
oath, and compelling the production of books, papers, documents, and
things.
(2 )
The board may cause depositions of witnesses residing within or
without the province to be taken before any person appointed by the
board in similar manner to that prescribed by the rules of the supreme
court for the taking of like depositions in that court before a commis
sioner.
Officers.
Sec. 1 2 . The board may appoint such officers as the board may deem
necessary for carrying out the provisions of this act and may prescribe
their duties and fix their remuneration.
(2)
Every person so appointed shall hold office during the pleasure
of the board.
Jurisdiction,
Sec. 13; The board shall have exclusive jurisdiction to examine into,
hear, and determine all matters and questions arising under this act,
and the action or decision of the board thereon shall be final and con
clusive 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 proceedings in any court or be removable
by certiorari or otherwise into any court.
(2 )
Nothing in subsection 1 shall prevent the board from reconsider
ing any matter which has been dealt with by it or from rescinding,

TEXT OF LAW S---- ALBERTA.

1053

altering or amending any decision or order previously made, all of
which the board shall have authority to do.
(3 ) The decisions of the board shall be upon the real merits and
justice of the case, and it shall not be bound to follow strict legal prece
dent.
(4) Without thereby limiting the generality of the provisions of sub
section 1 it is declared that the exclusive jurisdiction of the board shall
extend to determining—
(a) The question whether an injury has arisen out of or in the course
of an employment within the scope of this act.
(b) The existence and degree of disability by reason of any injury.
(c) The permanence of disability by reason of any injury.
(d) The degree of diminution of earning capacity by reason of any
injury.
(e) The amount of average earnings.
(/) The existence, for the purpose of this act, of the relationship of any
member of the family of a workman as defined by this act.
(g) The existence of dependency.
(h) Whether or not any industry or any part, branch, or department
of any industry is within the scope of this act, as defined in the schedules
hereto, and the class to which any industry or any part, branch, or de
partment of any industry within the scope of this act should be assigned.
(i) Whether or not any workman in any industry within the scope of
this act, as defined in the schedules hereto, is within the scope of this
act and entitled to compensation thereunder.
Sec. 14. The board may act upon the report of any of its officers and Acts of officers.
any inquiry which it shall be deemed necessary to make may be made
by a commissioner, or by an officer of the board or some other person ap
pointed to make the inquiry and the board may act upon his report as
to the result of the inquiry.
(2)
The person appointed to make the inquiry shall for the purposes
of the inquiry have all the powers conferred upon the board.
Sec. 15. The board may make such regulations and prescribe such Regulations.
forms as may be deemed expedient for carrying out the provisions of
this act and any such regulations shall come into force at the expiration
of thirty days from the date of their publication in the Alberta Gazette.
Sec. 16. The board may add to, withdraw or rearrange any industries Power as to
coverage.
which are or may be included in the schedules hereto.
Sec. 17. If any question arises as to whether an industry or any Same.
part thereof is an industry to which this act applies, the question shall
be decided by the board, whose decision shall be final.
Sec. 18. The accounts of the board shall be audited by the provincial Audits.
auditor.
Sec. 19. The board shall on or before the fifteenth day of February Reports.
in each year make a report to the lieutenant governor in council of its
transactions during the next preceding calendar year.
(2)
Every such report shall be forthwith laid before the legislature
if the legislature is then in session, and if it is not then in session, within
fifteen days after the opening of the next session.
ac
Sec. 20. For the purposes of this act and to cover the cost of the Expense
administration thereof the board shall from time to time as it may deem count.
expedient, and at least quarterly, make an assessment of such amount
as the board may consider necessary or proper on each employer for the
period which has elapsed since the next preceding assessment was
made, but in no event shall the assessment be less than at the rate of
$2.50 per month.
(2) The sums to be so assessed may be either a percentage of the
pay roll of the employer or a specific sum as the board may determine.
(3) Where the pay roll includes the wages or salary of a workman
who has been paid more than $165 in any calendar month, the excess
shall be deducted from the amount of the pay roll for that month, and
the assessments shall be based on the amount of it as so reduced.
(4) The assessment may be made in such manner and form as the
board may deem adequate and expedient.
(5) Upon the board so requiring, an employer in any industry
under this act shall be entitled to and shall deduct from the wages of
any workmen in his employment and pay to the board an amount

1054

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COMPENSATION LAWS OF CANADA.

fixed by the board sufficient in the aggregate to meet the assessment
upon any person or persons employed by such workmen in such in
dustry.
of as" Sec. 21. Every employer shall pay to the board the sum payable
sessments.
by him within fifteen days after the notice of the assessment of the
amount so payable has been given to him.
(2)
The notice may be sent by registered post to the employer and
shall be deemed to have been given to him on the day on which the
notice was posted.
Employers to
S e c . 2 2 . If for any reason an employer liable to assessment is not as
pay.
sessed he shall nevertheless be liable to pay to the board the amount for
vvhich he should have been assessed and payment of that amount may
be enforced in the same manner as the payment of an assessment
may be enforced.
Defaults.
S e c . 23. Notwithstanding that the deficiency arising from a default
in the payment of the whole or part of any assessment has been made
up by a special assessment the defaulting employer shall continue
liable to pay to the board the amount of every assessment made upon
him or so much of it as remains unpaid.
Reserve fund.
Sec. 24. If in the opinion of the board it is necessary to provide and
maintain a reserve fund to meet the payments to be made in respect
of compensation as they become payable and so as not unduly or un
fairly to burden the employers in future years with payments which
are to be made in these years in respect of accidents which have pre
viously happened, the board may from time to time set apart an amount
from the assessments for that purpose, and the amount so set apart
shall form a reserve fund and may be invested bv the board in secur
ities in which a trustee may by law invest moneys.
Collection of asS e c . 25. Where default is made in the payment of an\ assessment
sessments.
or any special assessment or any part thereof, the board may issue
its certificate stating that the assessment was made the amount re
maining unpaid on account of it, and the person by whom it was pay
able, and such certificate, or a copy of it, certified by the secretary
under the seal of the board to be a true copy, may be filed with the clerk
of the supreme court or the clerk of the district court of any district,
and when so filed shall become an order of the court and shall be en
forced as a judgment of the court.
(2 )
The board shall have the like power and be entitled to the like
remedies of enforcing payment of any sum (other than an assessment )
which an employer is required to pay to the board under any of the
provisions of this act, as it possesses or is entitled to in respect of assess
ments.
New industries.
S e c . 26. When any industry coming under the provisions of this
act is established or commenced the employer shall forthwith notify
the board of the fact and furnish to the board an estimate of the prob
able amount of his pay roll for the remainder of the year, verified by
a statutory declaration, and shall pay to the board a sum equal to that
for which he would have been liable if his industry had been established
or commenced before the last assessment was made or so much thereof
as the board may deem reasonable.
(2 )
The board shall have the like powers and be entitled to the like
remedies for enforcing payment of the sum payable by the employer
under subsection 1 as it possesses or is entitled to in respect of assess
ments.
Statements by
Sec. 27. Subject to the regulations of the board every employer
employers.
included in this act shall before the twentieth day of each month
prepare and transmit to the board a statement of the total amount of
wages earned by all his workmen during the calendar month then last
past and such statements shall be accompanied by such additional
information as the board may require and shall be verified by a statu
tory declaration of the employer, or his representative, or where the
employer is a corporation by an officer of the corporation having a
personal knowledge of the matter to which the declaration relates.
(2)
If an employer does not make and transmit to the board the
prescribed statement or cause same to be done within the prescribed
time the board may base any assessment thereafter made upon such
sum as in its opinion is the probable amount of the pay roll of the ern-

TEXT OF LAW S---- ALBERTA.

1055

ployer and the employer shall be bound thereby, but if it is after
wards ascertained that such amount is less than the actual amount of
the pay roll the employer shall be liable to pay to the board the differ
ence between the amount for which he was assessed and the amount
for which he should have been assessed on the basis of his pay roll.
Sec. 28. The board or any member of it or any officer or person Access to bosks,
authorized by it for that purpose shall have the right to examine the
books and accounts of the employer and to make such other inquiry
as the board may deem necessary for the purpose of ascertaining the
amounts of the pay roll of any employer; and for the purpose of any
such examination and inquiry the board and person so appointed shail
have all the powers which may be conferred on a commissioner appoint
ed under an act respecting inquiries concerning public matters.
( 2 ) No person shall obstruct or hinder the making of an examination
or inquiry mentioned in subsection 1 or refuse to permit it to be made.
(3) If a statement is found to be incorrect the assessment shall 'be
made on the true amount of the pay roll as ascertained by such examina
tion and inquiry, or if an assessment has been made against an employer
on the basis of his pay roll being as shown by the statement, the employ
er shall pay to the board the difference between the amount for which
he was assessed and the amount for which he should have been assessed.
Sec. 29. The board or any member of it or any officer or person Inspection of
authorized by it for that purpose shall have the right at any time to Prem'sesenter into the establishment of any employer who is liable to contribute
to the accident fund, and the premises connected with it and every part
of them for the purpose of ascertaining whether the ways, works,
machinery, or appliances therein are safe, adequate, and sufficient,
and whether all proper precautions are taken for the prevention of
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, or for any other purpose which
the board may deem necessary for the purpose of determining the pro
portion in which such employer should contribute to the accident
fund.
S ec. 30. Every employer shall keep in such form and with such Wage records,
detail as may be required for the purposes of this act a careful and ac
curate account of all wages paid to his employees, and such account
shall be kept within the province, and shall be produced to the board
or its officers when so required.
( 2)
There shall be included among the debts which under the assign
ments act, the trustee ordinance, or the companies winding uj> ordinance
are, in the distribution of the property in the case of an assignment or
death, or in the distribution of the assets of a company being wound up
under the said acts, respectively, to be paid in priority to all other debts,
the amount of any assessment the liability wherefor accrued before the
date of the assignment or death or before the commencement of the
winding up, and the said acts shall have effect accordingly.
Sec. 31. A separate accident fund shall be provided for each schedule Accident fund,
by contributions to be made in the manner herein provided, by all
employers included in that schedule and compensation payable in
respect of accidents under each schedule and the costs of administra
tion shall be paid out of the accident fund provided for by thafrechedule.
S ec . 32. Where at any time there is not money available in any Advances,
accident fund for payment of the compensation which has become due,
the lieutenant governor in council may direct that the same be advanc
ed out of the consolidated revenue fund and in that case the amount
advanced shall be repaid to the provincial treasurer after the next
assessment, together with interest at the rate of six per centum per
annum.
Sec. 33. Separate accounts shall be kept of the amounts collected Separate acand expended in respect of each employer, but for the purpose of pay- cou *
ing compensation each accident fund shall nevertheless be deemed
one and indivisible.
(2)
Where a greater number of accidents has happened to workmen Added levies,
in the employ of any employer than in the opinion of the board ought
to have happened, the board may add to the amount of any contribu
tion to the accident fund for which such employer is liable such a per-

1056

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COMPENSATION LAW S OF CANADA.

centage thereof as the hoard may deem just and may assess and levy
the same upon such employer.
(3)
The powers conferred by the preceding subsections herein may
be exercised from time to time and as often as in the opinion of the board
occasion may require.
Compensation.
S ec . 34. Where in any employment to which this act applies per
sonal injury by accident arising out of and in the course of the employ
ment is caused to a workman compensation shall be paid in the manner
and to the extent herein mentioned—
Waiting time.
(a) If a workman is disabled for a period of ten days or more he shall
be paid compensation from the day of the accident, but if he is disabled
for a period of less than ten days he shall be paid for and from the fourth
day after the accident.
( 6)
Except where the injury is attributable solely to the serious and
willful misconduct of the workman unless the injury results in death
or serious disablement.
Benefit to em (2) Compensation shall not in general be payable out of the accident
ployers .
fund to an employer or a member of the family of an employer, but the
board may in its discretion deem an employer or member of his family
to be a workman within the meaning of this act, and may require the
employer to pay such assessment as the board may determine, and in
such case the employer, member of his family or his or their dependents,
as the case may be, shall be entitled to compensation under this act
upon compliance with section 21 hereof: Provided, however, That where
an employer or member of his family is at the time of the accident
carried on the pay roll of the employer, and his wages are included in the
then last statement furnished to the board under sections 26 and 27,
such employer or member of his family shall be deemed to be a work
man within the act, and shall upon the compliance of the employer
with said section 21 be entitled to compensation accordingly.
Dependents.
gEC. 35 . In the case of any injury to a workman after "the expiry
of two years from his arrival in Canada, it shall be conclusively preAliens.
sumed that he has, at the time of such injury, no dependents other
than his father and mother or either of them, save such dependents as
are resident in Canada.
( 2 ) The above period shall in the case of a workman who is not of
British nationality be a period of one year in lieu of two years.
(3) This section shall not take effect until January 1st, 1920.
S ec . 36. Employers to whom this act applies shall be liable to con
tribute to the accident funds, as herein provided.
Employers to
( 2 ) Where any work within the scope of this act is undertaken for
fund . 1
any person, in this section referred to as the principal, by a contractor
it shall be the duty of the principal to see that any sum which the
contractor or any subcontractor is liable to contribute to the accident
fund in respect of the work so undertaken is paid, and if any such
principal fails to do so he shall be personally liable to pay it to the
board, and the board shall have the like powers and be entitled to the
like remedies for enforcing payment as it possesses or is entitled to in
respect of an assessment.
(a) Where contribution to the accident fund is claimed from the
principal, in this act reference to the principal shall be substituted for
referenced) the employer.
(b) Where the principal is liable to contribute to the accident fund
under this section, he shall be entitled to be indemnified by any
person who should have paid the same, and all questions as to the right
to and the amount of any such indemnity shall be determined by the
board.
(c) Nothing in this section shall prevent the board from levying or
collecting contribution to the accident fund on or from the contractor
or any subcontractor instead of on or from the principal.
(3)
Subject to the provisions of this act it shall not be lawful for any
employer, either directly or indirectly, to deduct from the wages of
his workmen any part of any sum which the employer is or may become
liable to pay to the board or to require or to permit any of his workmen
to contribute in any manner toward indemnifying the employer against
any liability which he has incurred or may incur under this act.

TEXT OF LAW S — ALBERTA.

1057

S e c . 37. Where an accident happens while the workman is employed .Accidents out
elsewhere than in the Province which would entitle him or his depend-s
Province,
ents to compensation under this act if it had happened in the Province,
the workman or his dependents shall be entitled to compensation under
this act—
(a) If the place or chief place of business of the employer is situate in
the Province and the residence and the usual place of employment of
the workman are in the Province and his employment out of the
Province has immediately followed his employment by the same
employer within the Province and has lasted less than six months; or
(b)' If an accident happens to a workmanwho is a resident of the
Province and the nature of the employment is such that in the course
of the work or service which the workman performs it is required to be
performed both within and without the Province.
(2) Except as provided by subsection 1 no compensation shall be
payable under this act where the accident to the workman happens
elsewhere than in the Province.
(3) Where by the law of the country or place in which the accident
happens the workman or his dependents are entitled to compensation
in respect of it they shall be bound to elect whether they will claim
compensation under the law of such country or place or under this act
and to give notice of such election, and if such election is not made
and notice given it shall be presumed that they have elected not to
claim compensation under this act.
(4) Where the compensation is payable out of the accident fund
notice of the election shall be given to the board within three months
after the happening of the accident, or in case it results in death within
three months after the death or such longer period as either before or
after the expiration of such three months the board may allow.
Sec. 38. No action shall lie for the recovery of compensation, but all Suits terbidden,
claims for compensation shall be heard and determined by the board.
( 2) The provisions of this act shall be in lieu of all rights and rights of
action, statutory or otherwise, to which a workman or his dependents
are or may be entitled against the employer of such workman for or by
reason of any accident happening to him while in the employment of
such employer and no action in respect thereof shall lie.
S e c. 39. If a workman receiving periodical payments ceases to reside Change of resiin the Province he shall not thereafter be entitled to receive any such dence*
payments unless a medical referee certifies that the disability resulting
from the injury is likely to be of a permanent nature, and if a medical
referee so certifies and the board so directs the workman shall be
entitled quarterly to the amount of the periodical payments accruing
due if he proves in such manner as may be prescribed by the regula
tions his identity and the continuance of the disability in respect of
which the same is payable: Provided, That a workman who claims
compensation or to whom compensation is payable under this section
shall, if so required by the board, submit himself for examination by
a medical referee.
Sec. 40. It shall not be competent for a workman to agree with his Waivers,
employer to waive or to forego any of the benefits to which he or his
dependents may become entitled under this act, and every agreement
to that end shall be absolutely void.
Sec. 41. No sum payable as compensation or by way of commutaAssignm ent,
tion of any periodical payment in respect of it shall be capable of being etc*
assigned, charged, or attached, nor shall any claim be set off against it
by operation of law or otherwise unless with the approval of the board.
Sec. 42. Subject to subsection 4 compensation shall not be pay- Notice of acciable unless notice of the accident is given to the employer or his dent*
representative before the injured person leaves the works on the date
of the accident, if he is able to do so, and in every case before he has
voluntarily left the employment in which he was injured.
(2) The notice shall give the name and address of the workman, and
shall be sufficient if it states in ordinary language the cause of the
injury and where the accident happened.
(3) All claims for compensation shall be made to the board within
three months from the happening of the accident, or in case of death
within three months from the time of death.

177082°—21— Bull. 272------ 67

1058

WORKMEN’S COMPENSATION' LAWS OF CANADA.

(4)
Failure to give the prescribed notice or to make such claim or
any defect or inaccuracy in the notice shall not bar the right to com
pensation if in the opinion of the board the claim for compensation
is a just one and ought to be allowed.
Physical examSec . 43. A workman who claims compensation or to whom cominations.
pensation is payable under this act shall if so required by the board
submit himself for examination by a medical referee.
( 2) A workman shall not be required to submit himself for exami
nation otherwise than in accordance with the provisions of subsection
1 of this section.
(3) Upon the board being satisfied that a workman’s recovery
from any injury coming within this act has been prevented or retarded
by his own misconduct, it may reduce, suspend, or terminate any
payment to such workman under this act.
Medical certifiS ec . 44. The medical referee who has examined a workman by
cates*
direction of the board under subsection 1 of section 43 shall certify
to the board as to the condition of the workman and his fitness for
employment, specifying where necessary the kind of employment;
and if unfit the cause of Buch unfitness and his certificate unless the board
otherwise directs shall be conclusive to the matters certified.
(2) If a workman does not submit himself for examination by a
medical referee as provided by subsection 1 of section 43, or in any
way obstructs an examination, his right to compensation, or if he is in
receipt of a periodical payment his right thereto, shall be suspended
until such examination has taken place.
Special treatSec . 45. Where in any case, in the opinion of the board, it will be in
ment*
the interest of the accident funds to provide a special surgical opera
tion or other special medical treatment for a workman, and the furn
ishing of the same by the board is in its opinion the only means of
avoiding heavy payment for permanent disability, the expense of
such operation or treatment may be paid out of the accident fund.
Appliances.
(2) Where in the case of any claim for compensation the board
is of the opinion that the injury may be alleviated to some appreci
able extent by the supplying of any apparatus usually provided
in such cases, it may supply such apparatus to the workman, and the
cost thereof may be taken from the accident fund; but any such action
shall not affect in any way Hie payments made to the workman.
Review.
S ec . 46. Any payment to a workman may be reviewed on the board’s
own motion or at the request of the workman, 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.
Lumpsums.
S ec . 47. Where compensation is payable the board may commute
the payments payable to a workman or a dependent to a lump sum.
(2 )
The board may in any case where in its opinion the interest
or pressing need of the workman or dependent warrants it, advance or
pay to or for the workman or dependent such lump sum as the cir
cumstances warrant and as the board may determine.
Death benefits.
Sec. 48. Where death results from an injury the amount of com
pensation not exceeding $2,500 in the whole shall be—
(a) The necessary expenses of the burial of the workman not exceed
ing $100 ;
(b) Where the widow or invalid husband is the sole dependent, a
monthly payment of $20 .
(c) Where the dependents are a widow or an invalid widower and
one or more children a monthly payment of $20 , with an additional
monthly payment of $5 lor each child under the age of sixteen years,
to be increased upon the death of the widow or invalid widower to $10,
not exceeding in the whole $40 per month.
(d) Where the only dependents are children a monthly payment
of $1J to each child under the age of sixteen years, not exceeding m
the whole $40 per month: Provided, That where there are more than
lour children the payments may be proportioned.
(e) Where the only dependents are persons other than those men
tioned in the foregoing clauses, a sum reasonable and proportionate
to the pecuniary loss to such dependents occasioned by the death, to be
determined by the board, but not exceeding to the parents or parent
$20 per month, and not exceeding in the whole $30 per month.

TEXT OF LAW £r—AILBERTA,

1059

(2) In the ease provided for by clause (e) of sub section 1 the pay
ments shall continue only so long as in the opinion of the board it
Haight reasonably have been expected had the workman lived he
would have continued to contribute to the support of the dependents.
(a) Compensation shall be payable to an invalid child without regard
to the age of such child, ana payments to such child shall continue
so long as in the opinion of the board it might reasonably have been ex
pected had the workman lived he would have continued to contribute
to the support of such child.
(3) Where there are both total and partial dependents the compen
sation may be allotted partly to the total and partly to the partial
dependents.
(4) Wh«ase the board is of the opinion that for any reason it is necessary
or desirable that a payment in respect of a child should not be made
directly to its parent, the board may direct that the payment be made
to such persons or be applied in such maimer as it may deem most for
the advantage of the child.
(5) Where a payment to any one of a number of dependents ceases
the board may m its discretion readjust the payments to the remaining
dependents so that the remaining dependents shall thereafter be en
titled to receive the same compensation as though they had been the only
dependents at the time of the death of the workman.
S e c . 49, Subject to the provisions of section 48 if a dependent
Remarriage,
widow marries the monthly payments to her shall cease, but she shall
be entitled in lieu of them to a lump sum equal to the monthly pay
ments for two years, and such lump sum shall be payable within one
month after the date of her marriage.
(2 ) Subsection 1 shall not apply to payments to a widow in respect
of a child but the payments provided m section 48 subsection 1 clause
(c) in respect of a child shall cease when the child attains the age of
sixteen years or dies.
S e c . 50. Where a workman leaves no dependents such sum as the
Medical e x*
board may deem reasonable for the expenses cl his medical attendance, Pens0snursing, care, and maintenance shall be paid to the persons to whom
such expenses a-re due.
S ec. 51. Where permanent total disability results from the injury
to"
the amount of compensation shall be a weekly payment of $10, and
where there are dependents, the further sum of $2 for the first dependent
and $1 for each additional dependent until the total weekly compensa
tion reaches $16, but in no case exceeding in the whole $2,500.
(a) For the purposes of this section, a dependent shall mean the
husband, wife, or child of a workman dependent upon his earnings and
no other.
(2 ) In the following cases it shall be conclusively presumed that
the injury is permanent and results in total incapacity, to wit(a) Total and permanent loss of sight of both eyes.
(b) The loss of both feet at or above the ankle.
(c) The loss of both hands at or above the wrist.
(d) The loss of one hand at or above the wrist and one foot at or above
the ankle:
(<?) Any injury to the spine resulting in permanent and complete
paralysis of legs or arms or one leg and one arm.
(/) Any injury to the skull resulting in incurable imbecility or
insanity: Provided, That this enumeration shall not be conclusive
but in other cases the board shall find the facts.
S e c . 52. Where permanent partial disability results from the injury Permanent par*
tie total compensation shall be:
tiai disability.
(a)
For the loss by separation of one arm at or above the elbow
joint or the permanent or complete loss of the use of one arm, $1,000 .
(6) For the loss by separation of one log at or above the knee joint
or the permanent or complete loss of the use of one leg, $860.
(c) For the loss by separation of one foot at or above the ankle or the
the permanent or complete loss of the use of one foot, $625.
(d) For the permanent or complete loss of hearing, $600.
(e) For the permanent and irrecoverable loss of sight of one eye,
|550.
(/) For the loss by separation of a thumb, $150.

1060

W O R K M E N ’ S COMPENSATION LAW S OF CANADA.

(g) For the loss by separation of a finger or a great toe, $100.
(h) For the loss by separation of any toe except the great toe, $50.
(i) The loss of one phalanx of a thumb or two phalanges of a finger
shall be considered equal to the loss of half a thumb or of a finger and
compensation shall be one-half that of the loss of a thumb or of a finger.
(j) The loss of more than one phalanx of a thumb and more than two
phalanges of a finger shall be considered as the loss of an entire
thumb or finger.
(2 ) In all other cases of injury resulting in permanent partial disability
the compensation shall be fixed by the board and shall be as near as possi
ble in proportion to the amounts fixed herein for specified cases.
Temporary to
S e c . 53. Where temporary total disability results from the injury the
tal disability.
compensation shall be the same as that prescribed by section 51 sub
section 1 but shall be payable only so long as the disability lasts.
(2)
Provided, That in the case of any person who is under the age of
twenty-one years and has no person wholly dependent upon him the
amount shall be $7.50 per week.
Temporary par
S e c . 54. Where temporary partial disability results from an injury
tial disability.
and the workman is at work at reduced earnings which are less than
90 per cent of the earnings he was receiving at the time of the injury he
shall receive compensation equal to 55 per cent of the difference be
tween the average weekly earnings received at the time of the injury
and the average weekly earnings at which he is actually employed,
computed in accordance with the provisions of this act.
Average earn
(2)
For the purposes of the provisions of this section relating to
ings.
“ earnings” and “ average weekly earnings” of a workman the following
shall be observed:
(a) Average weekly earnings shall be computed in such manner as
is best calculated to give the rate per week at which the workman was
being remunerated: Provided, That where by reason of the shortness
of the time during which the workman has been in the employment
of his employer, or the casual nature of the employment of the terms of
the employment, it is impracticable at the date of the accident to com
pute the rate of remuneration, regard may be had to the average weekly
amount which during the twelve months previous to the accident,
was being earned by a person in the same grade employed at the same
work by the same employer, or, if there is no person so employed, by
a person in the same grade employed in the same class of employment
and in the same district.
(b) Where the workman had entered into concurrent contracts of
service with two or more employers under whom he worked at one
time for one such employer and at another time for another such
employer, his average weekly earnings shall be computed as if his
earnings under all such contracts were earnings in the employment of
the employer for whom he was working at the time of the accident.
(c) Employment by the same employer shall be taken to mean em
ployment by the same employer in the grade in which the workman
was employed at the time of the accident, uninterrupted by absence
from work due to illness or any other unavoidable cause.
(d) Where the employer has been accustomed to pay to the workman
a sum to cover any special expenses entailed on him by the nature of
his employment, the sum so paid shall not be reckoned as part of the
earnings.
Other benefits.
Sec. 55. In fixing the amount of a payment regard shall be had to
any payment, allowance, or benefit which the workman may receive
from his employer during the period of his disability, including any
pension, gratuity, or other allowance provided wholly at the expense
of the employer.
Minors.
Sec. 56. Where a workman or a dependent is under the age of
twenty-one years or under any other legal disability the compensation
to which he is entitled may be paid to such person or be applied in
such manner as the board may deem most for his advantage.
Time of pay.
S e c . 57. All compensation due from the first day to the fifteenth
ments.
day of a month, both days inclusive, shall be paid on the first Saturday
of the month following, and all compensation due from the sixteenth
to the last day of a month, both days inclusive, shall be paid on the
third Saturday of the month following.

TEXT OF LAWS4— AiLBERTA.

1061

(2) For the purpose of ascertaining the amount of compensation due
such amount may be computed on a daily basis, and regard may be
had for a week of six days.
Sec. 58. No plan for providing medical aid to workmen coming Medical aid.
within the provisions of this act shall be valid, and after the passing of
this section no employer shall be entitled to retain from the moneys
earned by any such workman in his employment any sum as a con
tribution toward the cost of medical aid under any such plan, unless
and until after investigation of the facts such plan is found on the
whole to be efficient, and is approved of by the board: Provided, The
board may at any time for cause withdraw its approval to any such
plan, and no plan shall be valid after such approval has been with
drawn.
(2) Where any plan as mentioned in this section is approved of by
the board, an employer shall be entitled to retain from the moneys
earned by any workman in his employment such sum as a contribu
tion towards the cost of medical aid as may be provided therein.
(3) When no such plan has been approved of, the board may from
time to time as it deems necessary require any employer to retain
from the moneys earned by any workman in his employment such sum
to cover medical aid as may be determined by the board, and to pay the
sum so retained to the board, and the moneys so received by the board
shall form part of the accident fund, and shall constitute a special
fund to be used in defraying the cost of medical aid to the workmen so
contributing.
Sec. 59. (a) Where a workman suffers from an industrial disease as Industrial disdefined by this act and is thereby disabled from earning full wages a t eases*
the work at which he was employed; or ( 6) the death of the workman
is caused by such industrial disease and the disease is due to the nature
of the employment in which the workman was employed at any time
within the twelve months previous to the date of the disablement,
whether under one or more employments, the workman or his depend
ents shall be entitled to compensation under this act as if the disease
were a personal injury by accident arising out of and in the course of
that employment, subject to the following modifications:
(c) The disablement shall be treated as the happening of an accident;
and
(d) If the workman has at the time of entering the employment wil
fully and falsely represented himself in writing as not having previously
suffered from the disease, compensation shall not be payable.
(2) If the workman at or immediately before the date of the disable
ment was employed in any process mentioned in the second column
of the form hereto and the disease contracted is the disease in the first
column of the form set opposite to the description of the process the
disease shall be deemed to have been due to the nature of that employ
ment unless the contrary is proved.
(3) The board may by the regulations^ require every physician
treating a patient who is suffering from an industrial disease to report
to the board such information relating thereto as it may require.
(4) Nothing in this section shall affect the right of a workman to
compensation in respect of a disease to which this section does not
apply, if the disease is the result of an injury in respect of which he is
entitled to compensation under this act.
S e c . 60. Every employer included in this act shall keep posted in a
A ct
to be
conspicuous place on the premises where the work is earned on where *
•
it may be seen a certificate or duplicate of his last assessment receipt
issued by the board.
(2 ) Every workman shall before entering into any employment to Duty of workwhich this act applies satisfy himself that his employer has paid his man*
assessment and that the same is paid thereafter when due, so that he
may receive compensation in case of injury.
(3) Any person knowing of any violation of the provisions of this act
shall immediately report same to the board or to some person appointed
by the board.
S e c . 61. No employer as defined by this act shall keep or have in his
Compliance
employment any workman unless such employer has complied with W1 ac *
the provisions of this act.

1062

WORKMEN’S COMPENSATION LAWS OF CANADA.

(2 ) When an employer as defined by this act ceases to be an employer
he shall within ten days notify the board by registered mail of his ceasing
to be an employer within the meaning of this act.
Notice of acci
Sec. 62. Every employer to whom this act applies having knowledge
dents.
of the happening of an accident to a workman in Ms employment by
which the workman is disabled from earning full wages shall notify the
board by registered mail within twenty-four hours of— (a) name and
postal address of employer; (b) name and postal address of person
killed or injured; (c) occupation; (d) age; (e) date of accident; (/) time
of accident; (g) cause of accident; (n) date of first employment; (i)
nature of injury; (j) place of accident; (Jc) name and address of the
physician or surgeon, if any, by whom the workman was or is attended
for the injury.
( 2)
The physician or surgeon who attends an injured workman shall
forward to the board a report within seven days after the date of his
first attendance upon such workman on a form prescribed by the board.
Violations.
Sec. 63. Any person who violates any of the provisions of this act
or any regulations made thereunder shall be liable on summary con
viction to a penalty not exceeding five hundred dollars and costs, and
in default of payment to imprisonment for a period not exceeding
three months.
R e c o v e r y °f
Sec. 64. The penalties imposed by or under the authority of this
penalties.
act shall be recoverable on summary conviction before a justice of the
peacec
’*
•
.
of the 1
to all prosecutions under this act.
(2) All penalties imposed by this act shall when collected be paid
over to the board and form part of the accident fund.
Unlawful
Sec. 65. The supreme court or any judge thereof, whether any other
ploy ment.
proceedings have been taken or not may upon the application of the
board prohibit by injunction the employment of any person in contra
vention of this act, and may award such costs in the matter of the
injunction as the court or judge thinks just; but this provision shall
be without prejudice to any other remedy permitted by law for enforc
ing the provisions of this act.
Prosecutions.
S e c . 6 6 . No prosecution shalLbe instituted for a violation against
this act except b y some person appointed by the board.
Act in force.
Sec. 67. This act shall except as provided in sections 20 and 27 come
into force and effect on the first day of August, A. D. 1918, in so far as
it applies to employment covered by the first schedule hereto, and on
the first day of January, A . D . 1919, in so far as it applies to employment
covered by the second schedule hereto.
Sec. 68. [Repealed.]
Exempt
S e c . 69. This act snail not apply to—
ployments.
(a) Persons engaged as traveling salesmen or in clerical work and
not exposed to the hazards incident to the nature of the work carried
on in the industry.
(b) Persons whose employment is of a casual nature and who sure
employed otherwise than for the purpose of the employer’s trade or
business.
(c) Outworkers.
(d) Persons employed in an industry of an itinerant nature assess
ments with regard to whom it is impracticable or difficult to collect.
(e) Persons employed by—the Canadian Pacific Railway Gompany,
the Canadian National Railways, the Grand Trunk Pacific Railway
Company, the Edmonton, Dunvegan and British Columbia Railway
Company, the Central Canada Railway Company, the Alberta and
Great Waterways Railway Company, the Lacombe and Blindman
Valley Railway Company, as locomotive engineers, locomotive fire
men, wipers, hostlers^ watchmen on locomotives, coal passers, con
ductors, trainmen, train baggagemen, train brakemen, train flagmen,
yard masters, assistant yard masters, yard agents, transfer men, yard
conductors yard foremen, switchmen, yardmen, ground switch
tenders, pilots, engine herders, station masters, depot masters, station
agents, assistant agents, dispatchers and telegraphers, steam shovel
and dredge men, steam shovel engineers, cranesmen, and firemen^
watchmen on steam shovels, oilers, jackmen, ditcher engineers ana

TEXT OF LAW S---- ALBERTA.

1063

firemen, watchmen on ditchers, dumpmen, Lidgerwood engineers,
cablemen, locomotive crane engineers, rotary snowplow engineers,
maintenance of way employees, section men, section foremen, bridge
and building foremen and men, towermen, signal maintainers and
repairmen, pump repairmen, pumpmen, extra gang foremen, snow
plow and flanger foremen, pile drivers, ditchers, and hoisting engi
neers, track and bridge watchmen, signal men or watchmen on high
way or railway crossings, nor to pipe fitters, blacksmiths, plumbers,
painters, tinsmiths, masons, concrete foremen and men, bricklayers
and plasterers employed in connection with maintenance of way of the
said railways.
SCHEDULE 1.

Class 1. Employment in or about coal mines.
Class 2. Employment in or about coke ovens.

Employ moats
covered.

Class 3. Employment in or about briquetting plants.
Class 4. Employment in or about mines other than coal.
SCHEDULE 2.

Any trade or business connected with the industries of lumbering;
fishing; manufacturing; building; construction; engineering; transpor
tation; operation of electric power lines and power plants; waterworks
and other public utilities; operation of municipal police forces;
municipal fire departments; navigation; operation of boats, ships, tugs
and dredges; operation of grain elevators; operation of warehouses;
teaming; scavenging and street cleaning; painting; decorating and
renovating; dyeing and cleaning; planing mills; flour milling; pack
ing plants; printing; lithographing and engraving; telephone and
telegraph systems: laundries run by mechanical power; excavation;
well drilling; operation of gas and oil wells; quarrying; lumber
yards; wood yards; coal yards; ice; and any occupation incidental
to or connected with the industries enumerated in this schedule,
also including moving pictures and theatres and by way of specific
enumeration, but not so as in any way to interfere with or affect the
generality of the preceding words thereof, the following classes of
industries:
Class 11 . Lumbering, logging, river-driving, rafting, booming,
rossing, bark peeling, sawmills, shingle mills, lath mills, manufac
ture of veneer, excelsior, staves, spokes, or headings, lumber yards
(including the delivery of lumber) carried on in connection with saw
mills, the creosoting of timbers, pulp and paper mills.
Class 12. Manufacture of furniture, fixtures, organs, pianos, piano
actions, canoes, small boats, coffins, wicker and rattan ware, mattresses,
bed-springs, artificial limbs, cork articles, cork carpets or linoleum,
upholstering, picture framing.
Class 13. Planing mills, sash and door factories, manufacture of
wooden and corrugated paper boxes, cheese boxes, moulding, window
and door screens, window shades, brooms or brushes, carpet sweepers,
wooden toys, articles and wares or baskets, matches or shade rollers;
lumber yards (including the delivery of lumber) carried on in connec
tion with planing mills or sash and door factories; cooperage, not
including- the making of staves or headings; carpenter, joiner, or
cabinet work in shop: lumber yards (including the delivery of lumber).
Class 14. Reduction of ores and smelting; preparation of metals or
minerals; boring and drilling, including sinking of artesian wells;
manufacture of calcium carbide, carborundum or alundum, abrasives
or abrasive articles other than stone.
Class 15. Sand, shale, clay or gravel pits; marble works, stone
cutting or dressing; manufacture of brick, tile, terra cotta, fire-proofing,
sewer pipe, roof tile, plaster blocks, plaster board, slate or artificial
stone; manufacture of brick, stone or artificial stone paving blocks,
or cement or concrete blocks, quarries, stone crushing, lime kilns;
manufacture of cement.
Class 16. Manufacture of glass, glass products, glassware, porcelain
or pottery.

classification,

1064

WOIUvMEX ’ s COMPENSATION LAWS OF CANADA.
Class 17. Rolling mills; manufacture of heavy forgings, including
ship anchors.
Class 18. Foundries; gas or electric welding; manufacture of stoves,
furnaces, cast hot-water boilers, radiators, or metal sanitary ware,
water fixtures or bedsteads.
Class 19. Fabrication of structural steel, iron or metal; ship build
ing or ship repairing, manufacture of boilers, engines, locomotives,
riveted pipes, tubing or tanks; safes, heavy machinery, cranes, or
metal siding, ceiling, roofing, shingles, window frames" or the like.
Class 20 . Machine shops, metal stamping works, or blacksmith
shops; manufacture of light forgings, carriage mountings, wires, cables,
bolts, nuts, nails, screws, tools, cutlery, hardware; tin, sheet metal or
sheet metal enamelled wares or articles not otherwise specified; metal
wares, instruments, utensils and articles; wire goods, screens, cold
drawn shafting, cold drawn tubing, firearms, ammunition shells (with
out explosives), windmills, gas or electric light fixtures, light machinery,
scales, cash registers, typewriters, adding machines, dry batteries,
cameras, sporting goods, metal toys, buttons of metal, ivory, pearl, or
horn, ivory articles, rubber stamps, pads, or stencils.
Class 21 . Manufacture of agricultural implements, threshing ma
chines, wagons, carriages, sleighs, vehicles, motorcycles, bicycles,
tricycles, toy wagons or sleighs, baby carriages, or aeroplanes; car
shops.
Class 22. Manufacture of gold or silverware, plated ware, watches,
watchcases, clocks, jewelry, or musical instruments.

Class 23. Manufacture of fire works, gunpowder, ammunition, nitro
glycerine, dynamite, guncotton, or other high explosives, torpedoes,
fuses, or cartridges.
Class 24. Manufacture of paint, color, varnish, oil, japans, turpen
tine, printing ink, printers’ rollers; manufacture of chemicals, cor
rosive acids, or salts, ammonia, gasoline, petroleum, petroleum prod
ucts, celluloid, gas, charcoal, artificial ice, including the handling
and delivery thereof; wood alcohol, celluloid articles; the manufac
ture, transmission, and distribution of natural or artificial gas or oil, and
all operations connected therewith; the cutting, storing, handling, and
delivery of natural ice.
Class 25. Distilleries, breweries; manufacture of spirituous or malt
liquors; malt, alcohol, wine, vinegar, cider, mineral water, soda
waters, or methylated spirits.
Class 26. Manufacture of nonhazardous chemicals, drugs, medi
cines, dyes, extracts, pharmaceutical or toilet preparations, soaps,
candles, perfumes, noncorrosive acids or chemical preparations; shoeblacking or polish, yeast, baking powder or mucilage; tar, or tarred,
pitched, or asphalted paper.
Class 27. Milling; manufacturing of cereals or cattle foods; ware
housing or handling of grain or operation of grain elevators, threshing
machines, clover mills, or ensilage cutters.
Class 28. Manufacture or preparation of meats or meat products or
glue; packing houses, abattoirs; manufacture of fertilizers not inci
dental to any other industry.
Class 29. Tanneries.
Class 30. Manufacture of 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.
Class 31. Sugar refineries; manufacture of dairy products, butter,
cheese, condensed milk or cream, biscuits, confectionery, chewing
gum, spices, condiments, salt or any kind of starch; bakeries; canning
or preparation of fruit, vegetables, fish, or food-stuffs; pickle factories.
Class 32. Manufacture of tobacco, cigars, cigarettes, or .tobacco
products.
Class 33. Flax mills; manufacture of textiles or fabrics; spinning,
weaving, and knitting manufactories, manufacture of yarn, thread,
hosiery, cloth, blankets, carpets, canvas, bags, shoddy, felt, felt hats,
cordage, ropes, fibre, asbestos goods, hair cloth and other hair goods;
work in manila or hemp.

TEXT OF LAWS-"—ALBERTA.
Class 34. Manufacture of men’s or women’s clothing, whitewear,
shirts, collars, corsets, hats other than felt, caps, furs, robes, feathers or
artificial flowers, quilts, clothing pads, tents, awnings, gloves, mittens,
neckties, or other articles not otherwise specified made from fabrics;
the erection of awnings.
Class 35. Power laundries; dyeing, cleaning, or bleaching.
Class 36. Printing, photo-engraving, engraving, lithographing, book
binding, embossing; manufacture of stationery, paper, cardboard
boxes, bags, wall-paper, or papier-mache.
Class 37. Heavy teaming or cartage; safe-moving or moving of boil
ers, heavy machinery, building stone and the like; warehousing,
storage; teaming and cartage; scavenging, street cleaning or removal
of snow or ice; scrap and junk dealers; wood yards (including the
delivery of wood); coal yards (including the delivery of coal).
Class 38. Steel building and bridge construction; installation of
elevators, fire escapes, boilers, engines or heavy machinery; the erec
tion of windmills.
Class 39. Bricklaying, mason work, stone setting; plastering, con
crete or cement work in or connected with buildings; excavation work
for or connected with buildings; structural carpentry; lathing; instal
lation of pipe organs; house wrecking or house moving; painting,
decorating, or renovationg; glazing or installation of plate glass; the
business of window-cleaning; sheet metal work; roofing; the erection
of lightning rods; electric wiring of buildings or installation of lighting
fixtures; plumbing, heating or sanitary engineering; gas or steamfitting.
Class 40. Road or street making or repairing; bridge or culvert con
struction not otherwise classified; manufacture of asphalt material or
paving material not otherwise classified; concrete or cement work not
otherwise classified; sewer construction, tunneling, shaft sinking, well
digging; construction or operation of a waterworks system; excava
tion work for foundations other than for or in connection with build
ings; trenching, less than six feet deep, for gas pipes, water pipes, or
wire conduits; excavation work not otherwise classified where the
depth is more than six feet and the width is less than half the depth.
Class 41. Construction, installation, or operation of electric power
lines or appliances, and power transmission lines, construction or opera
tion of an electric light system; construction and operation of power
plants and electric light work; construction or operation of telegraph
or telephone lines, construction or operation of telephone lines and
works for the purposes of the business of a telephone company or used
or to be used in connection with its business when constructed or
operated by the company.
Class 42. Construction or operation of railways or canals; construc
tion or operation of dry docks; construction of j)iers, wharves, break
waters, or other harbor improvements; stevedoring; operation of and
work upon wharves; dredging, subaqueous construction or pile driving;
fishing; operation of boats.
Class 43. Moving pictures and theaters.
Class 44. Manufacture of automobiles; motortrucks; repairs of same
in public garages.
Class 45. The operation of the business of express companies which
operate on or in conjunction with a railway.
Class 85. Employment by the city of Calgary in any of the indus
tries enumerated in Ihe above classes.
Class 86 . Employment by the city of Edmonton in any of the indus
tries enumerated in the above classes.
Class 87. Employment by the city of Lethbridge in any of the indus
tries enumerated in the above classes.
Class SS. Employment by the city of Medicine Hat in any of the
industries enumerated in the above classes.
Class 89. Employment by other municipalities in any of the indus
tries enumerated in the above classes.
Class 90. Employment by the provincial government of Alberta.
Class 111. All industries, trades, businesses, and occupations men
tioned in schedule 2 of the act not otherwise classified.

1065

1066

WORKMEN'S COMPENSATION LAWS OJT CANADA,
FORM.

Industrial diseases.

Description of disease.

Anthrax.

Description of process.

Handling of wool, hair, bristles, hides, and
skins.
Lead poisoning or its se Any process involving the use of lead or its
quelae.
preparations or compounds.
Mercury poisoning or its Any process involving the use of mercury
sequelae.
or its preparations or compounds.
Miners’ phthisis................ Mining.
Phosphorus poisoning or Any process involving the use of phos
its sequelae
phorus or its preparations or compounds.
Arsenic poisoning or its Any process involving the use of arsenic or
sequelae.
its preparations or compounds.
Ankylostomiasis............... Mining.
Assented to April 13, 1918.

BRITISH COLUMBIA.
ACTS OP 1916.
Ch a p t e r 7 7. — Compensation
S e c t io n

o f workmen for injuries.11

1 . This act may be cited as the “ workmen's compensation

act.”
Sec. 2. In this act, unless the context otherwise requires—
“ Accident” shall include a willful and an intentional act, not being
the act of the workman, and shall include a fortuitous event occasioned
by a physical or natural cause.
4‘ Accident fund ” shall mean the fund provided for the payment of
compensation, outlays, and expenses under Part I.
“ Board ” shall mean workmen’s compensation board.
“ Compensation ” shall include medical aid, except where such inter
pretation is inconsistent with the context.
“ Construction” shall include reconstruction, repair, alteration, and
demolition.
“ Dependents” shall mean such of the members of the family of a
workman as were wholly or partly dependent upon his earnings at the
time of his death, or who but for the incapacity due to the accident
would have been so dependent; and no person shall be excluded as a
dependent because he is a nonresident alien.
“ Employer ’’ shall include every person having in his service under
a contract of hiring or apprenticeship, written or oral, express or im
plied, any person engagedin any work in or about an industry, and in
respect of any industry within the scope of Part I includes the Crown in
right of the province and municipal corporations and boards and com
missions having the management of any work or service operated for a
municipal corporation.
“ Employment,” when used in Part I, means and refers to the whole
or any part of any establishment, undertaking, trade, or business within
the scope of that part, and in the case of any industry not as a whole
within the scope of Part I includes any department or part of such
industry as would if carried on separately be within the scope of Part I.
“ Industrial disease” shall mean any of the diseases mentioned in
the schedule, and any other disease which by the regulations is de
clared to be an industrial disease.
“ Industry” shall include establishment, undertaking, work, trade,
and business.
“ Invalid” shall mean physically or mentally incapable of earning.
“ Medical aid,” when used in Part I, shall mean and include the
several matters and things which the board under the provisions of
section 21 is empowered t© provide for injured workmen.
“ Member of the fam ily” shall mean and include wife, husband,
father, mother, grandfather, grandmother, stepfather, stepmother, son,
daughter, grandson, granddaughter, stepson, stepdaughter, brother,
sister, half brother, and half sister, and a person who stood in loco
parentis to the workman or to whom the workman stood in loco parentis,
whether related to him by consanguinity or not so related, and where
the workman is the parent or grandparent of an illegitimate child
shall include such child, and where the workman is an illegitimate child
shall include his parents and grandparents.
“ Outworker” shall mean a person to whom articles or materials are
given out to be made up, cleaned, washed, altered, ornamented,
finished, repaired, or adapted for sale in his own home or on other
premises not under the control or management of the person who gave
out the articles or materials.
“ Person ” shall include females as well as males, and shall include
any body corporate or politic.

Short title.
Definitions.

As amended 1918,1919.

1067

WORKMEN’ S COMPENSATION LAWS OF CANADA.

1068

“ Physician” shall mean and include any person registered under
the “ medical act.”
“ Regulations” shall mean and include rules and regulations made
by the board under the authority of this act.
“ Workman” shall include a person who has entered into or works
under a contract of service or apprenticeship, written or oral, express
or implied, whether by way of manual labor or otherwise; and in
respect of the industryof mining shall include a person while he is
actually engaged in taking or attending a course of training or instruc
tion in mine-rescue work under the direction or with the written ap
proval of an employer in whose employment the person is employed as
a workman in that industry, or while, with the knowledge and consent
of any employer in that industry, either express or implied, he is
actually engaged in rescuing or protecting or attempting to rescue or
protect life or property in the case of an explosion or accident which
endangers either life or property in a mine, and this irrespective of the
fact whether during the time of his being so engaged such person is
entitled to receive wages from such employer, or from any employer,
or is performing such work or service as a volunteer; and, further, in
respect to the industry of mining, shall include a person while he is
engaged as a member of the inspection committee, appointed or elected
by the workmen in the mine, or in default of such appointment or
election by the workmen, if appointed by the chief inspector of mines,
to inspect the mine on behalf of the workmen, as required by general
rule 37, section 91 of the “ coal-mines regulation act,” chapter 160 of the
Revised Statutes of British Columbia, 1911.
S e c . 3. This act is divided into three parts, relating to the following
subjects:
Part.

Section*

Division of act.

I. Compensation to workmen and dependents................. 4-69
Division ( 1). Scope of this part...............................
4-5
Division ( 2 ). Compensation..................................... 6-14
Division (3). Scale of compensation....................... 15-24
Division (4). Accident fund and assessments........25-41
Division (5). Procedure and miscellaneous............42-55
Division ( 6). Workmen’s compensation board.......56-69
II. Liability of employers in industries not within the
scope of Part 1............................................................... 70-73
III. General provisions............................................................. 74-76
Part

Application of

PartI*

S e c . 4 . This part shall apply to employers and workmen in or about
the industries of lumbering, mining, quarrying, excavation, well
drilling, fishing, manufacturing, printing, construction, building,
engineering, transportation; operation of railways or tramways; oper
ation of telegraph or telephone systems; operation of lumber, wood, or
coal yards; operation of steam-heating plants, power plants, electriclight and electric-power plants or systems, gas works, waterworks, or
sewers; operation of municipal police forces or municipal fire depart
ments; operation of theater stages or kinematographs; operation of
power laundries, stockyards, packing houses, refrigerating or coldstorage plants, docks, wharves, warehouses, freight and passenger
elevators, grain elevators, boats, ships, tugs, ferries, or dredges; navi
gation, stevedoring, teaming, horseshoeing, scavenging, street clean
ing, painting, decorating, renovating, dyeing and cleaning, and such
other industries and occupations as the board may by the regulations
determine; and in and about any occupation incidental to or immedi
ately connected with any of the industries enumerated in this section:
Provided, That, subject to section 5, this part shall not apply to the fol
lowing:
(a) Persons engaged as traveling salesmen or in office or other
clerical work, and not exposed to the hazards incident to the nature
of the work carried on in the industry;
(b) Persons whose employment is of a casual nature, and who are
employed otherwise than for the purposes of the employer’s trade or
business;

TEXT OF LAW S— BRITISH COLUMBIA.

1069

(c) Outworkers; or
(d) Members of the family of the employer.
S e c . 5 . (1) On the application of the workmen in the case of any . Admission
of
industry not within the scope of this part, or on the application of mdustnesthe employer in the case of any industry or workman not within the
scope of this part, the board may by order admit the industry or work
men, as the case may be, as being within the scope of this part, and upon
such admission the workman or industry shall be deemed to be within
the scope of this part.
(2 ) Any employer in an industry within the scope of this part may Admission
of
be admitted by the board as being entitled for himself and his de- emPloyer*
pendents to the same compensation as if the employer were a workman
within the scope of this part.
(3) Admissions under this section may be made from time to time
in such manner and form and subject to such terms and conditions
and for such period as the board may deem adequate and proper.
Sec. oa. This part shall apply to any employment by or under the Public employCrown in right of the Province to which this part would apply if theees*
employer were a private person;
S e c . 6 . (1 ) Where, in any industry within the scope of this part,
Compensation
personal injury by accident arising out of and in the course of the
p
employment is caused to a workman, compensation as provided by
this part shall be paid by the board out of the accident fund.
(2 ) If the injury does not disable the workman longer than the Waiting time,
period of three days, exclusive of any holiday upon which the work
man would not in the usual course of his employment have worked,
from earning full wages at the work at which he was employed, no
compensation, other than medical aid, shall be payable under this
part. If the injury disables the workman longer than the period of
three days, no compensation, other than medical aid, shall be payable
for the first three days of disability reckoned exclusively of any
such holiday.
(3) Where the injury is attributable solely to the serious and willful Willful misconmisconduct of the workman, no compensation shall be payable unless
*
the injury results in death or serious and permanent disablement.
(4) Where the accident arose out of the employment, unless the con- Presumptions,
trary is shown, it shall be presumed that it occurred in the course of
the employment, and where the accident occurred in the course of
the employment, unless the contrary is shown, it shall be presumed
that it arose out of the employment.
S e c . 7 . (1 ) Where—(a) a workman suffers from an industrial disease Industrial dis
and is thereby disabled from earning full wages at the work at which eases*
he was employed; or (b) The death of a workman is caused by an in
dustrial disease, and the disease is due to the nature of any employ
ment in which the workman was employed at any time within the
twelve months previous to the date of the disablement, whether un
der one or more employments, the workman or his dependents shall
be entitled to compensation under this part as if the disease were a
personal injury by accident arising out of and in the course of that
employment, subject to the following modifications:
(c) The disablement shall be treated as the happening of the acci
dent; and
(d) If the workman has at the time of entering the employment
willfully and falsely represented himself in writing as not having pre
viously suffered from the disease, compensation shall not be payable.
(2 ) If the workman at or immediately before the date of the dis
ablement was employed in any process mentioned in the second col
umn of the schedule hereto, and the disease contracted is the disease
in the first column of the schedule set opposite to the description of
the process, the disease shall be deemed to have been due to the
nature of that employment unless the contrary is proved.
( 3 ) The board may by the regulations require every physician
treating a patient who is suffering from any industrial disease to re
port to the board such information relating thereto as it may require.
(4) Nothing in this section shall affect the right of a workman to
„ compensation in respect of a disease to which this section does not
apply, if the disease is the result of an injury in respect of which he
is entitled to compensation under this part.

1070
Accidents
Province

o r k m

hap-

Sec.

°Ut °f pl°yed

e n ’s

c o m

p e n s a t io n

la w

c a n a d a .

8 . (1) Where an accident happens while the workman is em-

elsewhere than in the Province which would entitle him or
Ms "dependents to compensation under this part if it had happened in
the Province, the workman or his dependents shall be entitled to
compensation under this part—
(a) If the place or chief place of business of the employer is situate
in the Province, and the residence and the usual place of employ
ment of the workman are in the Province, and his employment out
o f #the Province has immediately followed his employment by the
same employer within the Province and has lasted less than six
months; or
(b) If the accident happens on a steamboat, ship, or vessel, or on a
railway, and the workman is a resident of the Province, and the nature
of the employment is such that in the course of the work or service
which the workman performs it is required to be performed both
within and without the Province.
(2) Except as provided by subsection ( 1), no compensation shall
be payable under this part where the accident to the workman happens
elsewhere than in the Province.
(3) In any case where compensation is payable in respect of an acci
dent happening elsewhere than in the Province, if the employer has
not fully contributed to the accident fund in respect of all the wages
of workmen in his employ who are engaged in the employment or
work in which the accident happens, the employer shall pay to the
board the full amount of capitalized value, as determined by the board,
of the compensation payable in respect of the accident, and the pay
ment of such amount may be enforced in the same manner as the pay
ment of an assessment may be enforced.
(4) The board, if satisfied that the default of the employer in respect
of his contribution to the accident fund was excusable, may in any
case relieve the employer in whole or in part from liability under
subsection (3).
Option of «m- S e c . 9. (1) Where by the law of the country or place in which the
pioyees.
accident happens the workman or his dependents are entitled to com
pensation in respect of it, they shall be bound to elect whether they will
claim compensation under the law of such country or place or under
this part, and to give notice of such election; and if such election is not
made and notice given it shall be presumed that they have elected
not to claim compensation under this part.
(2) Notice of the election shall be given to the board within three
months after the happening of the accident, or, in case it results in
death, within three months after the death, or within such longer
period as either before or after the expiration of such three months the
board may allow.
Third parties.
S e c . 10. (1) Where an accident happens to a workman in the course
of his employment in such circumstances as entitle him or his depend
ents to an action against some person other than his employer, the
workman or his dependents, if entitled to compensation under this
part, may claim sucn compensation or may bring such action.
(2) If the workman or his dependents bring such action and less is
recovered and collected than the amount of the compensation to which
the workman or dependents would be entitled under this part, the
workman or dependents shall be entitled to compensation under this
part to the extent of the amount of such difference.
(3) If any such workman or dependent makes an application to the
board claiming compensation under this part, the board shall be sub
rogated to the rights of the workman or dependent as against such
other person for the whole or any outstanding part of the claim of the
workman or dependent against such other person.
(4) In any case within the provisions of subsection (1), neither the
workman nor his dependents nor the employer of such workman shall
have any right of action in respect of such accident against an em
ployer in any industry within the scope of this part; and in any such
case where it appears to the satisfaction of the board that a workman
of an employer in any class is injured owing to the negligence of an
employer or of the workman of an employer in another class within the v
scope of this part, the board may direct that the compensation awarded
in such case shall be charged against the last-mentioned class.

T E X T

O F

L A W S ---- B R I T I S H

C O L U M B IA .

1071

Sec. 11 . ( 1) The provisions of this part shall be in lieu of all rights . Remedy excluof action to which a workman or his dependents are entitled, either atslve'
common law or by any statute, against the employer of such workman
for or by reason of any accident which happens to him arising out of
and in the course of his employment, and no action against the em
ployer shall lie in respect of such accident.
(2) A workman under the age of twenty-one years, and working at Minors,
an age and in an employment permitted under the laws of the Province,
shall be deemed sui juris for the purpose of this part, and no other •
person shall have any cause of action or right to compensation for an
injury to such workman except as expressly provided in this part.
( 3 ) Where an action in respect of an injury is brought against an stay
im'
employer by a workman or a dependent, the board shall have juris- ProPer actlon*
diction 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 part, 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.
S e c . 12. It shall not be competent for a workman to agree with his Waivers,
employer to waive or to forego any of 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.
Sec. 1 3 . ( 1 ) Subject to the provisions of subsection ( 1 ) of section 3 0 C on trib u tion s
in respect of medical aid, it shall not be lawful for an employer, either m wor eiK
directly or indirectly, to deduct from the wages of any of his workmen
any part of any sum which the employer is or may become liable to pay
into the accident fund or otherwise under this part, or to require or to
permit any of his workmen to contribute in any manner toward
indemnifying the employer against any liability which he has incurred
or may incur under this part.
(2) Every person who contravenes any of the provisions of sub
section (1) shall be guilty of an offense against this part, and shall also
be liable to repay to the workman any sum which has been so deducted
from his wages or which he has been required or permitted to pay in
contravention of subsection ( 1).
S ec. 14. No sum payable as compensation or by way of commutation Assignments,
of any periodical payment in respect of it shall be capable of being®
assigned, charged, or attached, nor shall it pass by operation of law
except to a personal representative, nor shall any claim be set off
against it.
S e c . 1 5 . ( 1 ) Where death results from the injury, the necessary C om pensation
expenses of the burial of the workman, not exceeding the sum of °Burial expenses,
seventy-five dollars, shall be paid in addition to all other compensa
tion payable under this section.
(2)
Where death results from the injury, compensation shall be paid Payments to
to the dependents of the deceased workman as follows:
dependents.
(a) Where the dependent is a widow or an invalid widower without
any dependent children, a monthly payment of twenty dollars during
the life of such surviving spouse.
(b) Where the dependents are a widow or an invalid widower and
one or more children, a monthly payment of twenty dollars, with an
additional monthly payment of five dollars for each child under the age
of sixteen years and for each invalid child over that age, not exceeding
in the whole forty dollars.
(c) Where the dependents are children without any widow or invalid
widower, a monthly payment of ten dollars to each child under the age
of sixteen years and to each invalid child over that age, not exceeding
in the whole forty dollars; and
(d) Where there is no widow, invalid widower, child under the age
of sixteen years, or invalid child over that age as a dependent, but the
workman leaves other dependents, a sum reasonable and proportionate
to the pecuniary loss to such dependents occasioned by the death, to be
determined by the board, but not exceeding twenty dollars per month
to a parent or parents, and not exceeding in the whole thirty dollars per
month.
(e) In any case within the provisions of clause (a) or (c), if the work
man leaves a parent or parents who are dependents, the board may in

1072

O R K M E N ’S

C O M P E N S A T IO N

L A W S

O F

C A N A D A .

its discretion award to the parent or parents a sum to be determined by
by the board, but not exceeding twenty dollars per month, and not ex
ceeding with the compensation otherwise payable under this subsection
forty dollars per month.
Aliens.
(f)
Where the dependents are aliens residing outside of Canada and
entitled to compensation under clauses (a), ( 6), (c), (d), or (e) of this
subsection, the board may, in lieu of awarding such dependents com
pensation on the scale provided by clauses (a), ( 6), (c), (<?), or (e),
award such lesser sum by way of compensation as, according to the con
ditions and cost of living in the place of residence of such dependents,
will in the opinion of the board maintain them in a like degree of comfort
as dependents of the same class residing in Canada and receiving the
full compensation authorized by this act would enjoy.
Allotment
of
(3) Where there are both total and partial dependents, the compen
compensation.
sation may be allotted partly to the total and partly to the partial
dependents.
Duration
of
(4) The payments provided under clause (d) of subsection ( 2 ) shall
payments.
continue only so long as, in the opinion of the board, it might reasonably
have been expected had the workman lived he would have continued
to contribute to the support of the dependents.
Payments
to
(5) Payments in respect of a child under the age of sixteen years shall
children.
cease when the child attains the age of sixteen years or dies: Provided,
That in case the child at the time of attaining the age of sixteen years is
an invalid the payments shall continue until the child ceases to be an
invalid. Payments in respect of an invalid child over the age of six
teen years shall cease when the child ceases to be an invalid or dies.
Readjustment
( 6) Where a payment to any one of a number of dependents ceases,
of payments.
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 of the death of the workman.
Reserves.
(7) >Where under the provisions of clause (/) of subsection (2) a lesser
sum is awarded to alien dependents residing outside of Canada, the
board shall, notwithstanding such award, create and provide the same
reserve as if the award had been made according to the scale provided
by such of the clauses (a), (b), (c), (d), or (e) of said subsection as would,
except for the provisions of said clause (/), be applicable.
( 8) Where b y reason of the payment of such lesser sum to alien de
pendents residing outside of Canada there remains an undistributed
accumulation of money in the reserve provided, the board shall apply
such accumulation every six months as follows:
(a) In payment of such sums for and on behalf of children dependents
under sixteen years of age, residing in Canada, who by reason of the
maximum monthly limit of forty dollars fixed by subsection (2 ) are not
receiving the full amount of compensation to which they would other
wise be entitled, as may be necessary to secure to such children de
pendents the full monthly payments of compensation which, except
for such maximum limit, would be payable to them under said sub
section; and
(b) If after such children dependents are provided for there remains
any accumulation undistributed, the same shall be applied in payment
of an additional sum to widow dependents residing in Canada to in
crease pro tanto their monthly payments up to but not exceeding the
monthly sum of thirty-five dollars, and to increase the monthly pay
ments under subsection (2) to children dependents residing in Canada
up to but not exceeding the monthly sum of seven dollars and fifty
cents for each child; ana
(c) If there be any balance of such accumulation the same shall be
applied in payment of increased monthly payments to other dependents
residing in Canada.
Marriage
of
Sec. 16. ( 1) Ifa dependent widow marries, the monthly payments to
widow.
her shall cease, but she shall be entitled in lieu of them to a sum equal
to the monthly payments for two years.
( 2)
Subsection ( 1) shall not apply to payments to a widow in respect
of a child.
Permanent to
Sec. 17. ( 1) Where permanent total disability results from the injury,
tal disability.
the compensation shall be a periodical payment to the injured work-

T E X T

O F

L A W S ----B R I T I S H

C O L U M B IA .

1073

man equal in amount to fifty-five per centum of his average earnings,
and shall be payable during the lifetime of the workman.
(2) The compensation awarded under this section shall not be less
than an amount equal to five dollars per week, unless the workman’s*
average earnings are less than five dollars per week, in which case he
shall receive compensation in an amount equal to his average earnings.
S e c . 18. (1) Where permanent partial disability results from the in- f . p1e^.ma“.f.1?tTpar"
Jury, the compensation shall be a periodical payment to the injured work- ia
11 y'
man equal in amount to fifty-five per centum of the difference between
the average earnings of the workman before the accident and the average
amount which he is earning or is able to earn in some suitable employ
ment or business after the accident, and the compensation shall be
payable during the lifetime of the workman.
(2) Notwithstanding the provisions of subsection (1), where in the disfigurement,
circumstances the amount which the workman was able to earn before
the accident has not^ been substantially diminished, the board may,
in case the workman is seriously and permanently disfigured about the
face or head, or otherwise permanently injured, recognize an impair
ment of earning capacity, and may allow a lump sum in compensation.
S e c . 19. (1) Where temporary total disability results from the
Temporary toinjury, the compensation shall be the same as that prescribed by secdisability,
tion 17, but shall be payable only so long as the disability lasts.
( 2) The compensation awarded under this section shall not be less
than an amount equai to five dollars per week, unless the workman’s
average earnings are less than five dollars per week, in which case he
shall receive compensation in an amount equal to his average earnings.
S e c . 20. Where temporary partial disability results from the injury,
Temporaryparthe compensation shall be the same as that prescribed by subsectiontla disability.
(1) of section 18, but shall be payable only so long as the disability lasts.
Sec. 21. (1) In addition to the other compensation provided by this Medical aid.
part, the board shall have authority to furnish or provide for the injured
workman such medical, surgical, and hospital treatment4 transporta
tion, nursing, medicines, crutches, and apparatus, including artificial
members, as it may deem reasonably necessary at the time of the injury,
and thereafter during the disability to cure and relieve from the effects
of 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 fpr the payment thereoi.
( 2 )^ Where in a case of emergency, or for other justifiable cause, a
physician other than the one provided by the board is called in to treat
the injured workman, and if the board finds there was such justifiable
cause and that the charge for the services is reasonable, the cost of the
services shall be paid by the board.
(3) The board may in its discretion authorize employers to furnish
or provide medical aid at the expense of the board and upon terms
fixed by it.
(4) Any plan for providing medical aid in force between an em
ployer and his workmen or otherwise available to the workmen at the
time of the coming into force of this part, or which is hereafter put into
force, or made available to the workmen, and which in the opinion of
the board, after investigation of the facts, is found on the whole to be
not less efficient in the interests both of the employer and of the general
body of workmen than the provisions for medical aid contained in this
section, may by^ order of the board, subject to such conditions as the
board may require, be declared to be a plan approved by the board.
So long as the order of the board approving the plan is in force and unre
voked the provisions of subsections (1), (2), and (3) and of subsection
(1) of section 30 shall not apply to any of the workmen in any employ
ment embraced in such plan, and during the like period the provisions
of section 12 of the “ master and servant act” shall not apply m respect
of any such workmen.
(5) Medical aid furnished or provided under any of the preceding
subsections of this section shall at all times be subject to the super
vision and control of the board; 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 of fees
or remuneration for such medical aid.
177982°—21— B u ll. 272------ 68

1074

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COMPENSATION LAW S OF CANADA.

( 6 ) In the case of any workman employed as a master, mate, engineer,
seaman, sailor, steward, fireman, or in anv other capacity on board of
any vessel on which duty has been paid or is payable for the purposes
of the sick mariners’ fund under Part V of the “ Canada shipping
act,” being chapter 113 of the Revised Statutes of Canada, 1906, the
provisions of subsections (1) to (5) shall not apply to such workman
during the period in respect of which such duty has been paid or is
payable.
(7) Without in any way limiting the power of the board under this
section to supervise and provide for the furnishing of medical aid in
every case where the board is of the opinion that the exercise of such
power is expedient, the board shall, under this section, in all cases
where the circumstances, in the opinion of the board, do not require the
exercise of such power in order to procure prompt and efficient medical
aid for the injured workman, permit medical aid to be administered, so
far as the selection of a physician is concerned; by the physician who
may be selected or employed by the injured workman or his employer,
to the end that so far as possible all competent physicians without dis
tinction may be employed and be available to injured workmen.
First aid.
(8 ) Employers in any industries in which it is deemed proper 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 expense thereof as may be
deemed just.
Where any employer fails, neglects, or refuses to install such first-aid
appliances and service as the board directs under this section, the board
may install such first-aid appliances and service, and charge the cost
thereof to the employer; and the board may enforce payment thereof,
and for that purpose shall have the same powers and be entitled to the
same remedies for enforcing payment as it possesses or is entitled to in
respect of assessments.
Average earnSec. 22. ( 1) The average earnings and earning capacity of a workings*
man shall be determined with reference to the average earnings and
earning capacity at the time of the accident, and may be calculated
upon the daily, weekly, or monthly wages or other regular remunera
tion which the workman was receiving at the time of the accident,
or upon the average yearly earnings of the workman for one or more
years prior to the accident, or upon the probable yearly earning capac
ity of the workman at the time of the accident as may appear to the
board best to represent the actual loss of earnings suffered by the
Workman by reason of the injury, but not so as in any case to exceed
the rate of two thousand dollars per year.
Minors.
(2) Where the Workman was at the date of the accident under
twenty-one years of age, and it is established to the satisfaction of the
board that under normal conditions his wages would probably in
crease, the fact shall be considered in arriving at his average earn
ings or earning capacity,
f orn dconmensa•
the amount of a periodical payment of compensa
tion.
" tion, regard shall be had to any payment, allowance, or benefit which
the workman may receive from hi3 employer during the period of his
disability, including any pension, gratuity, or other allowance pro
vided wholly at the expense of the employer; and any sum deducted
under this section from the compensation otherwise payable may be
paid to the employer out of the accident fund.
raymcnts.
Sec . 24. (1) Payments of compensation shall be made periodically
at such times and in such manner and form as the board may deem
advisable, and in the case of minors or persons of unsound mind,
payments may be made to such persons as, in the opinion of the
board, are best qualified in all the circumstances to administer such
payments, whether or not the person to whom the payment is made
is the legal guardian of such minor or person of unsound mind.
(2 ) The board may, in its discretion—
(a) Commute the whole or any part of the periodical payments
due or payable to the injured workman or any dependent to one or
Lump sums,
more lump-sum payments to be applied as directed by the board; and
may
(b) Divide into periodical payments any compensation payable
in a lump sum.

TEXT OF LAW S— BRITISH COLUMBIA.

1075

(3 ) In case of death or permanent total disability or in case of
permanent partial disability where the impairment of the earning
capacity of the workman exceeds ten per cent of his earning capacity
at the time of the accident, no commutation of periodical payments
shall be made under subsection (2 ) except upon the application
of and at an amount agreed to by the dependent or workman entitled
to such payments.
(4) Notwithstanding the provisions of subsection (3), the board
may, in its discretion, commute the periodical payments payable
under clause (/) of subsection (2) of section 15 to alien dependents
residing outside of Canada for a lump sum, and may apply that lump
sum to or for the use and benefit of those dependents in such manner
as the board may determine to be most for the advantage of the de
pendents.
S e c . 25. For the purpose of assessment in order to create and mainAccident fund,
tain a fund, to be called the “ accident fund,” for the payment of the
compensation, outlays, and expenses under this part, all industries
within the scope of this part shall, subject to sections 26 and 27, be
divided into the following classes:
Class 1 . Lumbering; logging; sawmills; manufacture of pulp or. classification of
paper.
.
.
mdustnes.
Class 2 . Woodworking; planing mills; furniture factories; cooper
age ; manufacture of vehicles.
Class 3. Coal mining.
Class 4. Mining (other than coal); reduction of ores and smelting;
quarrying; manufacture of brick or lime.
Class 5. Manufacture of iron and steel, and iron, steel, and metal
products.
Class 6 . Manufacture of compounds, paints, chemicals, liquors, or
beverages; manufacture of leather, leather, goods, rubber, or rubber
goods; flour milling; handling of grain; canning, packing, or manu
facture of food products; manufacture of cloth, textiles, and clothing;
printing, lithographing, engraving; manufacture of stationery; team
ing, cartage, warehousing, and storage.
Class 7. Construction of buildings and wooden ships; mason work,
structural carpentry, plumbing, and painting; steel erection, steelbridge building, steel-ship building; road making, sewer construction,
excavation, well drilling, construction of irrigation works; subaqueous
construction, dredging, pile driving, fishing.
Class 8 . Contraction and operation of electric railways, electric
light and power plants, lines and appliances; construction and opera
tion of telegraph and telephone systems; construction and operation
of steam railways.
Class 9. Navigation and stevedoring.
Class 10 . Canadian Pacific Railway Company; Canadian Pacific
Ocean Services, Limited; Esquimalt and Nanaimo Railway Company;
Kettle Valley^Railway Company; Dominion Express Company; Con
solidated Mining and Smelting Company of Canada, Limited; West
Kootenay Power and Light Company, Limited.
Class i l . Grand Trunk Pacific Railway Company; The Grand
Trunk Pacific Coast Steamship Company, Limited; Grand Trunk
Pacific Telegraph Company; Canadian Express Company; The Grand
Trunk Pacific Development Company, Limited.
Class 12. Canadian Northern Pacific Railway Company; The
Great North Western Telegraph Company of Canada; Canadian
Northern Express Company.
Class 13. The Crown in right of the Province of British Columbia.
S e c . 26. ( 1 ) The board may, by the regulations—
creation, etc.,
(a) Create new classes in addition to those mentioned in section 25. classes*
(b) Consolidate or rearrange from time to time any of the existing
classes; and may
(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.
(2)
In case of any rearrangement of the classes, or the withdrawal Adjustment of
of an industry from any class, the board may make such adjustment
and disposition of the funds, reserves, and accounts of the classes
affected as may be deemed just and expedient.

10^76

W O R K M E N ’ S COMPENSATION LAW S OF CANADA.

S ec . 2 7 . The board shall assign every industry within the scope of
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 of its principal or chief department, or may,
for the purpose of this part, divide such industry into two or more
departments, assigning each of such departments to its proper class,
E m p lo y e r
to
S ec. 2 8 . ( 1 ) Every employer shall, on or before the first day of
furnish p a y rolls. o ct0ber> 1916, or whenever thereafter he becomes an employer within
the meaning of this part, and at such other times as may be required
by the regulations or by the board, cause to be furnished to the board
an estimate of the probable amount of the pay roll of each of his indus
tries within the scope of this part for the year next following, together
with such further and other information as may be required by the
board for the purpose of assigning each industry to the proper class and
of making the assessments hereunder; and every employer shall, at or
after the close of each calendar year, and at such other times as may
be required by the board, furnish certified copies or reports of his pay
rolls, verified by statutory declaration.
( 2 ) In computing the amount of the pay roll of any industry for the
purpose of assessment, regard shall be had only to such portion of the
pay roll as represents workmen and employment within the scope of
this part; ana where the wages of any workman exceed the rate of
two thousand dollars per year, a deduction shall be made in respect
of the excess.
(3) If an employer does not comply with the provisions of subsection
( 1), or if any statement made in pursuance of its provisions is not a true
and accurate statement of any of the matters required to be set forth
in it, the employer for every such non compliance and for every such
statement shall be guilty of an offense against this part.
Assessments.
S ec . 29. (1) For the purpose of creating and maintaining an adequate
accident fund, the board* shall every year assess and levy upon and
collect from the employers in each class by an assessment or by assess
ments 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 provide in connection with section 30 a special fund to meet
the cost of medical aid.
(b) To meet all other amounts payable from the accident fund under
this part during the year.
(c) To provide a reserve by way of a contingent fund in aid of indus
tries or classes which may become depleted or extinguished.
(d) To provide in each year capitalized reserves sufficient to meet
the periodical payments of compensation accruing in future years in
respect of all accidents which occur during the year; and
(e) To provide a reserve fund to be used to meet the loss arising from
any disaster or other circumstance which, in the opinion of the board,
would unfairly burden the employers 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 instalments, or otherwise; and
where it appears that the funds in any class are sufficient for the time
being, any instalment may be abated or its collection deferred.
(4) In case the estimated assessments in any class prove insufficient,
the board may make such further assessments and levies as may be
necessary, or the board may temporarily advance the amount of any
deficiency out of any reserve provided for that purpose, and add such
amount to any subsequent assessments.
(5) The board shall give notice to each employer of the amount of
each assessment due from time to time in respect of his industry and the
time when the same 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*notiee is posted.
C o n tr ib u tio n
S e c . 30. (1) Every employer who is required to contribute to the
f o r ^ i o d i c a l a S ! 11 accident fund by way of assessment under this part is hereby author
ized and required to retain from the moneys earned by each workman
Power of b o a r d .

TEXT OF LAW S— BRITISH COLUMBIA.

1077

in his employment the sum of one cent for each day or part of day the
workman is employed as a contribution toward the cost of medical aid,
and to pay the sum so retained to the board from time to time at the
time each assessment is due and payable by the employer, and at such
other times as the board may direct.
(2) The moneys received by the board under subsection (1) shall Employers7 asform part of the accident fund, and shall constitute a special fund to be sessmentsused only in defraying the cost of medical aid. Such additional
amounts as are required from time to time to meet the cost of medical
aid shall be provided by the board by assessment upon employers
generally in all industries within the scope of this part, except in respect
of employments embraced in any plan for providing medical aid
approved by the board under subsection (4) of section 21.
For the purpose of levying and collecting assessments under this
subsection, the board may charge the additional amounts required to
meet the cost of medical aid against the funds to the credit of the
several classes in such a manner as, on the annual adjustment of assess
ments under this part, will result in a general assessment of such addi
tional amounts upon those employers only who are liable to assessment
under this subsection.
(3) In the case of any workman employed as a master, mate, engineer,
mariners'
seaman, sailor, steward, fireman, or in any other capacity on board of u
any vessel on which duty has been paid for the purposes of the sick
mariners’ fund under Part V of the Canadian shipping act, being chap
ter 113 of the Revised Statutes of Canada, 1906, the provisions of sub
sections ( 1) and (2 ) of this section shall not apply to such workman
during the period in respect of which such duty has been paid or is
payable.
S e c . 31. To assist in defraying the expenses incurred in the admin- C ontribution
istration of this part, such annual sum as the lieutenant governor in rom rovmcecouncil may direct, not exceeding fifty thousand dollars, shall be paid
out of the consolidated revenue fund to the board to form part of the
accident fund.
S e c . 32. The board shall establish such sub classifications, differen- T
Bo^rd to classi~
tials, and proportions in the rates as between the different kinds of y ra es’
employment in the same class as may be deemed just; and where in the
opinion of the board any particular industry is shown to be so circum
stanced or conducted that the hazard differs from the average of the
class or subclass to which the industry is assigned, the board shall confer
or impose upon such industry a special rate, differential, or assessment
to correspond with the relative hazard of that industry; and for such
purpose may adopt a system of schedule rating in such a manner as to
take account of the peculiar hazard of the individual plant or under
taking of each employer.
Sec. 33. (1) Where an employer engages in any of the industries with- Temporary inin the scope of this part and has not been assessed in respect of it, the us nes*
board, if it is of opinion that the industry is to be carried on only tem
porarily, may require the employer to pay or to give security for the
payment to the board of a sum sufficient to pay the assessment for
which the employer would be liable if the industry had been in exis
tence when the next preceding assessment was made.
(2) Every employer who makes default in complying with any re
quirement of the board under subsection ( 1) shall be guilty of an
offence against this part.
S e c . 34. ( 1) If any assessment or part thereof is not duly paid in
Collection of asaccordance with the terms of the assessment and levy, the board shallsessmeB s*
have a right of action against the defaulting employer in respect of the
amount unpaid, together with costs of such action.
(2 )
Where default is made in the payment of any assessment, or any
part of it, the board may issue its certificate stating that the assessment
was made, the amount remaining unpaid on account of it, and the per
son by whom it was payable, and such certificate, or a copy of it certi
fied by the secretary under the seal of the board to be a true copy, may
be filed with any district registrar of the supreme court, or with the
registrar or deputy registrar of any county court, and when so filed shall
become an order of that court and may be enforced as a judgment of the
court against such person for the amount mentioned in the certificate.

1078

W O R K M E N ’ S COMPENSATION LAW S OF CANADA.

Sec. 35. The board shall have the like powers and be entitled to the
like remedies of enforcing payment of any sum which an employer ia
required to pay to the board under subsection (1) of section 30 as it
possesses or is entitled to in respect of assessments.
Defaulted ass EC. 3 6 . ( i ) i f an y sum which an employer is required to pay to the
sessments.
board under subsection ( 1 ) of section 30 or if any assessment levied
under any provision of 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 the 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 of subsection ( 1) of section 28, or who refuses or
neglects to pay any assessment, or the provisional amount of any assess
ment, or any instalment 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, of the com
pensation payable in respect of any accident to a workman in his
employ which happens during the period of such default, and the pay
ment of such amount may be enforced in the same manner as the pay
ment of 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.
Separate ac- gEC. 37. Separate accounts shall be kept of the amounts collected
counts.
an(j expen(je(j jn respect of every class and of every fund set aside by
way of reserve or as a special fund for any purpose, but for the purpose
of paying compensation the accident fund shall, nevertheless, be
deemed one and indivisible.
Annual adjusts EC# 38 . ( 1 ) On or before the first day of March in each year the
ments.
amount of the assessment for the preceding calendar year shail be ad
justed upon the actual requirements of the class and upon the correctly
ascertained pay roll of each industry, and the employer shall forth
with 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 suc
ceeding assessment as the case may require.
( 2)
Where in any industry a change of ownership or employership
has occurred, the board may levy any part of such deficiency on either
or any of the successive owners or employers, or pay o?r credit to any one
or more of such owners such surplus as the case may require, but as
between or amongst such successive owners the assessments in respect
of such employment shall, in the absence of an agreement between the
respective owners or employers determining the same, be apportionable,
as nearly as may be, in accordance with the proportions of the pay rolls
of the respective periods of ownership or employment.
Collection of
s EC. 39 . Where any work within the scope of this part is performed
coSractOTs?
under contract for any municipal corporation, or for any board or com
mission having the management of any work or service operated for a
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 of such assessment deducted from any moneys due the
contractor in respect of such work.
Contractor and
S e c . 40. (1) Where any work within the scope of this part is underUable1.
taken for any person by a contractor, both the contractor and the per
son for whom such work is undertaken shall be liable for the amount of
any assessment in respect thereof, and such assessment may be levied
upon and collected from either of them, or partly from one and partly
from the other: Provided, That in the absence of any term in the con
tract to the contrary the contractor shall, as between himself and the
person for whom the work is performed, be primarily liable for the
amount of such assessment.
Subcontractors.
(2) Where any work within the scope of this part is performed under
subcontract, both the contractor and the subcontractor shall be liable
for the amount of the assessments in respect of such work; any such
assessments may be levied upon and collected from either, or partly
from one and partly from the other: Provided, That in the absence of
Money for medi-

•

TEXT OF LAW S---- BRITISH COLUMBIA.

1079

any term in the subcontract to the contrary the subcontractor shall, as
between himself and the contractor, be primarily liable for such assess
ments.
S e c . 41. There shall be included among the debts which, in the
Bank of asdistribution of the property or assets—(a)under the “ creditors’ trustsessm s*
deeds act” in the case of an assignment; (b) under the “ administration
act” in the case of death; or (c) under the “ companies act” in the
case of a company being wound up—are to be paid in priority to all
other debts, the amount of any assessment the liability wherefor accrued
before the date of the assignment or death or before the date of the
commencement of the winding-up, and the said acts shall respectively
have effect accordingly.
S e c . 4 2 . (1) In every case of injury to a workman by accident in
Notice,
any industry vdthin the scope of this part it shall be the duty of the
workman, or in case of his death the duty of a dependent, as soon as
practicable after the happening of the accident, to give notice thereof
to the employer. The notice shall be in writing and contain the name
and address of the workman, and state in ordinary language the nature
and cause of the injury and the time when and place where the acci
dent occurred, and shall be signed by the injured workman or some
person on his behalf, or, in case of death, by any one or more of his
dependents or by a person on their behalf.
(2) In the case of an industrial disease, the employer to whom notice
of death, disablement, or suspension from employment is to be given
shall be the employer who last employed the workman in the employ
ment to the nature of which the disease was due.
(3) The notice may be served upon the employer, or upon any one
employer if there are more employers than one, or upon any officer or
agent of the corporation if the employer be a corporation, or upon any
agent of the employer in charge of the business 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 of business, or by
sending it by registered mail addressed to him at his last-known resi
dence or place of business.
(4) The failure to give any notice required by virtue of this section,
unless excused by the board either on the ground—(a) that notice for
some sufficient reason could not have been given; or (b) that the
employer or his superintendent or agent in charge of the work where
the accident happened had knowledge of the injury; or (c) that the
board is of opinion that the claim is a just one and ought to be allowed,
shall be a bar to any claim for compensation under this part.
S e c . 4 3 . (1) In case of accident to a workman in his employment it E m p lo yers'reshall be the duty of every employer, within three days after its occur- port*
rence, to report the accident and the injury resulting therefrom to the
board, and also to any local representative of the board at the place
where the accident occurred. The report shall be in writing and state—
(a) the name and address of the workman and the nature of the indus
try in which he was employed; (b) the time when and place where the
accident occurred; (c) the cause and nature of the accident and injury;
(cZ) the name and address of the physician by whom the workman was
or is attended for the injury; and (e) any other particulars required
by the regulations; and may be made by mailing copies thereof ad
dressed to the board and to the local representative at their usual
addresses respectively, postage prepaid.
(2 ) It shall be the duty of the employer to make such further and
other reports respecting the accident and workman as may be required
by the board.
(3) The failure to make any report required by virtue of this section,
unless excused by the board on the ground that the report for some
sufficient reason could not have been made, shall constitute an offence
against this part.
S ec . 44. (1) Where a Workman or dependent is entitled to compent0 be
sation under this part, he shall file with the board an application for
the compensation, together with the certificate of the physician who
attended the workman (if any), and such further or other proofs of his
claim as may be required by the regulations or by the board.

1080

w o r k m e n ’s

COMPENSATION LAW S OF CANADA.

A p p lic a t io n
(2) Unless application for the compensation is filed (a) within one
within one year. y ear after the day upon which the injury occurred; or ( 6) in case the

applicant is a dependent, then within one year after the death, no
compensation in respect of any injury shall be payable under this part.
Duty of physiS ec . 45. It shall be the. duty of every physician attending or concian'
suited upon any case of injury to a workman by accident in any indus
try within the scope of this part (a) to furnish from time to time such
reports in respect of 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 for compensation, and in furnishing
in connection therewith such certificates and proofs as may be required,
without charge to the workman.
Examination of S ec . 46. (1) Every workman who applies for or is in receipt of comwo man.
pensation under this part, if requested by the board, shall submit him
self to medical examination in accordance with the regulations at a
place reasonably convenient for the workman to be fixed by the board.
If the workman fails to submit himself to the examination, or obstructs
the same, his right to compensation shall be suspended until the exami
nation has taken place, and no compensation shall be payable during
the period of such suspension.
( 2 ) If an injured workman persists in unsanitary or injurious prac
tices 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,
based upon independent expert medical or surgical advice, is reason
ably essential to promote his recovery, the board may, in its discretion,
reduce or suspend the compensation of such workman.
Proof as to deS ec . 47 . The board may from time to time require such proof of the
pendents.
existence and condition of any dependents in receipt of compensation
payments as may be deemed necessary by the board, and pending the
receipt of such proof may withhold further payments.
Province liable
Sec. 48. ( 1) Subject to subsections (2) and (3), the minister of
for fund.
finance shall be custodian of all moneys and 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 delivered to the minister of finance, or
may be deposited to his credit in such banks throughout the Province
as he may designate^ and all moneys so delivered or deposited shall be
credited by the minister of finance to the accident fund, and shall be
accounted for as part of the consolidated revenue fund of the Province.
No moneys collected or received on account of the accident fund shall
be expended or paid out without first passing into the provincial treas
ury and being drawn therefrom as provided in this part. In like man
ner all securities belonging to the accident fund shall be delivered to
the minister of finance and held by him until otherwise disposed of for
the purposes of this part.
(2 )
The board shall submit each month to the auditor general an
estimate of the amount necessary to meet the current disbursements
from the accident fund during the succeeding calendar month, and,
when the estimate is approved b y the auditor general, the minister of
finance is directed to pay the amount thereof to the board. At the
end of each calendar month the board shall account to the auditor
general for all moneys so received, furnishing proper vouchers therefor.
Investment of (3) The board shall cause all moneys in the accident fund in excess
surplus.
Qf current requirements to be invested and reinvested in any securities
which are under the “ Trustee Act ” a proper investment for trust funds.
The board shall from time to time submit to the auditor general an
estimate of the amount required by it for investment, which estimate
shall be accompanied by a full description of the kind and character of
the investments proposed to be made, and, when the estimate and
investments are approved b y the auditor general and by the minister
of finance, the minister of finance is directed to pay out the amount
thereof for the purpose of such investments. At the end of each calen
dar month the board shall account to the auditor general for all moneys
bo invested, furnishing proper vouchers therefor.
(4)
All investments shall be made in the names of the board and the
minister of finance jointly, and all interest on investments shall be
payable to the board and form part of the accident fund.

TEXT OF LAW S— BRITISH COLUMBIA.

1081

(5)
Interest on all moneys belonging to the accident fund in the
custody of the minister of finance in excess of current requirements
and not invested shall, subject to the certificate of the auditor general,
be paid by the minister of finance to the board at a rate not less than
three per centum per annum payable quarterly, and shall form part of
the accident fund.
S e c . 49. The accounts of the board shall be audited by the auditor Audit of acgeneral or by an auditor appointed by the lieutenant governor i n countscouncil for that purpose, and the salary or remuneration of the lastmentioned auditor shall be paid by the board.
S e c . 50. (1) The board shall, on or before the first day of March in Annual report,
each year, make a report to the lieutenant governor of its transactions
during the next preceding calendar year, and such report shall contain
such particulars as the lieutenant governor in council may prescribe.
( 2 ) Every such report shall be forthwith laid before the legislature
if the legislature is then in session, and if it is not then in session,
within fifteen days after the opening of the next session.
(3) It shall be the duty of the board from time to time to publish and
distribute among employers and workmen such general information in
respect of the business transacted by the board as in its judgment may
be useful.
S e c . 51. (1) The board shall have power—
Accident pre(a) To investigate from time to time employments and places of ventlon*
employment within the Province, and determine what suitable safety
devices or other reasonable means or requirements for the prevention
of accidents shall be adopted or followed in any or all employments or
places of employment.
(b) To determine what suitable devices or other reasonable means
or requirements for the prevention of industrial diseases shall be
adopted or followed in any or all employments or places of employ
ment.
(c) To make rules and regulations, whether of general or special
application, and which may apply to both employers and workmen,
for the prevention of accidents and the prevention of industrial dis
eases in employments or places of employment.
(d) To establish and maintain museums in which shall be exhibited
safety devices, safeguards, and other means and methods for the pro
tection of the life, health, and safety of workmen, and to publish and
distribute bulletins on any phase of the subject of accident prevention.
(e) To cause lectures to be delivered, illustrated by stereopticon or
other views, diagrams, or pictures, for the information of employers
and their workmen and the general public in regard to the causes and
prevention of industrial accidents, industrial diseases, and related
subjects.
(/) To appoint advisory committees, on which employers and
workmen shall be represented, to assist the board in establishing rea
sonable standards of safety in employments, and to recommend rules
and regulations.
(2)
Before the adoption of any rule or regulation by the board under Public hearings
this section a public hearing shall be held for the purpose of consider- on
y ru
ing the same. Not less than ten days before the hearing a notice
thereof shall be published in at least three newspapers, of which one
shall be published in the city of Victoria and one in. the city of Van
couver. No defect or inaccuracy in the notice or in the publication
thereof shall invalidate any rule or regulation made by the board.
(«y The board and any member of it, and any officer or person Power to in
authorized by it for that purpose, shall have the right at all reasonable sPect premises,
hours to enter into the establishment of any employer who is liable to
contribute to the accident fund and the premises connected with it,
and every part of them, for the purpose of ascertaining whether the
ways, works, machinery, or appliances therein are safe, adequate, and
sufficient, and whether all proper precautions are taken for the preven
tion of accidents to the workmen employed in or about the establish
ment or premises, and whether the safety appliances or safeguards
prescribed by law are used and employed therein, or for any other pur
pose which the board may deem necessary, including the purpose of
determining the proportion in which such employer should contribute
to the accident fund.

1082

w o r k m e n ’s

COMPENSATION LAW S OF CANADA.

^ (4) Every person who obstructs or interferes with any commis"
sioner, officer, or person in the exercise of the rights conferred by
subsection (3) shall be guilty of an offence against this part.
Power of board
g Ec. 51 a . (1) Where in any employment or place of employment
vices°. Sa
safety devices or appliances are in the opinion of the board necessary
for the prevention of accidents or of industrial diseases, the board may
order the installation or adoption of such devices and appliances, and
may fix a reasonable time within which they shall be installed or
adopted, and the board shall give notice thereof to the employer.
(2 ) In any case where safety devices or appliances are by order of
the board under this section 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
employment or place of employment in accordance with the terms of
the order or regulations and to the satisfaction of the board, or where
under the circumstances the board is of opinion that conditions of
immediate danger exist in any employment or place of employment
which would otherwise be likely to result in the loss of life or serious
injury to the workmen employed therein, the board may, in its dis
cretion, order the employer to forthwith close down the whole or any
part of such employment or place of employment and the industry
carried on therein, and the board shall notify the employer of such
order.
(3) Every employer who fails, neglects, or refuses to comply with
any order made by the board under subsection ( 2 ) shall be guilty of
an offence against this part, and each day’s continuance of any such
failure, neglect, or refusal to comply shall constitute a new and dis
tinct offence.
Leave to operS e c . 51b . (1) No employer shall, for the purpose of any industry
within the scope of this part, commence the operation of or operate or
carry on any mine, plant, or establishment which has not been in
operation for the period of seven months next preceding, and in which
power-driven machinery is used, until leave therefor is obtained
from the board as provided in this section.
(2) Application for leave under this section shall be made to the
board in writing, signed by the employer, and stating that the plant
or establishment is ready for operation. Upon receipt of the applica
tion the board, or some member of the board, or some other person
appointed by the board, shall make an inspection of the plant or
establishment, and if on such inspection the plant or establishment is
found to be reasonably free from danger to persons employed therein,
the board shall grant leave for the operation of the plant or establish
ment. Pending inspection, the board may, by a temporary permit,
grant leave to the employer for the operation of the plant or establish
ment.
(3) Every person who operates or carries on any plant or establish
ment in contravention of the provisions of this section shall be liable
to a penalty of not less than fifty dollars and not more than two hundred
dollars for each day on which the plant or establishment is so operated
or carried on.
Regulations.
S ec . 52. (1) In addition to all other rules and regulations which may
be made under the provisions of this part, the board may make such
regulations as may be deemed requisite for the due administration and
carrying out of the provisions of this part, and may likewise prescribe
the form and use of such pay rolls, records, reports, certificates, declara
tions, and documents as may be requisite.

( 2)
The board may by regulations provide penalties to which every
person who contravenes any rule or regulation made under this part
shall be liable: Provided, That in no case shall the penalty exceed fifty
dollars, and no prosecution for any such contravention shall be insti
tuted without leave of the board.
Publication of
s EC. 53. Every rule or regulation made by the board under this part
regu a ions.
Up0n
adoption be published in the Gazette, and shall take
effect on the expiration of thirty days after the first publication in the
Gazette, or at such later time as the board may fix.

TEXT OF LAW S---- BRITISH COLUMBIA.

1083

Sec. 54. Every person who is guilty of an offence against this part Penalties genshall be liable to a penalty not exceeding five hundred dollars.
eraiiy.
Sec. 55. The penalties imposed by or under the authority of this part Recovery o f
Bhall be recoverable under the “ summary convictions act” or by an Penalties*
action brought by the board in any court of competent jurisdiction,
and such penalties when collected shall be paid over to the board and
shall form part of the accident fund.
S ec . 56. There is hereby constituted a commission for the adminis- Workmen's
tration of this part, to be called “ The Workmen’s Compensation ^ Q ^ ensatlon
Board,” which shall consist of three members to be appointed by the
lieutenant governor in council, and shall be a body corporate.
S e c . 57. (1) The first members of the board shall be appointed—one Term,
for a term of eight years, one for a term of nine years, and one for a term
of ten years. All subsequent appointments shall be for a term of ten
years. A commissioner may be removed at any time for cause.
( 2) A commissioner on the expiration of his term of office shall be
eligible for reappointment.
S ec . 58. (1) One of the commissioners shall be appointed by the Chairman,
lieutenant governor in council to be the chairman of the board, and he
shall hold that office while he remains a member of the board.
( 2) In the absence of the chairman, or, in case of his inability to
act, or if there is a vacancy in the office, any other commissioner may
act as chairman.
(3) When a commissioner appears to have acted for or instead of the
chairman, it shall be conclusively presumed that he so acted for one
of the reasons mentioned in subsection ( 2).
S e c . 59. (1) In the case of the illness or absence from the Province Appointment
of a commissioner or of his inability to act from any cause, the lieu- pro temP°re*
tenant governor in council may appoint some person to act pro tempore
in his stead, and the person so appointed shall have all the powers and
perform all the duties of a commissioner.
(2) Subsection (1) shall apply in the case of the chairman of the
board as well as in the case of any other member of it.
S ec . 60. (1) Each commissioner shall devote the whole of his time Commissioners
to the performance of his duties under this part.
time t^duties
(2) The salaries of the commissioners shall be payable out of the Salaries,
consolidated revenue fund, and, subject to the provisions of this sub
section, shall be fixed by the lieutenant governor in council. The
salary of the chairman shall be not less than five thousand dollars nor
more than six thousand five hundred dollars per annum, and the salary
of each of the other commissioners shall be not less than four thousand
dollars nor more than five thousand dollars per annum.
S e c . 61. (1) A commissioner shall not, directly or indirectly (a) Wh<> may n°t
have, purchase, take, or become interested in any industry to which serve*
this part applies, or any bond, debenture, or other security of the per
son owning or carrying it on; ( 6) have any interest in any device,
machine, appliance, patented appliance, patented process, or article
which may be required or used for the prevention of accidents.
( 2) If any such industry, or interest therein, or any such share, bond,
debenture, security, or thing comes to or becomes vested in a commis
sioner by will or by operation of law, and he does not within three
months thereafter sell and absolutely dispose of it, he shall cease to
hold office.
S ec . 62. (1) The board shall maintain its principal office at such Office,
place in the Province as in the opinion of the board, based on consid
erations of economy in administration and the prompt discharge of its
duties, is best adapted for the purpose; and the sittings of the board
shall be held at the principal office, except when it is deemed expedient
to hold sittings elsewhere, and in that case sittings may be held in any
part of the Province.
( 2) The presence of two commissioners shall be necessary to consti- Quorum,
tute a quorum of the board.
(3) A vacancy in the membership of the board shall not, if there Same,
remain two members of it, impair the authority of the two remaining
members to act.

1084

W O R K M E N ’ S COMPENSATION LAW S OF CANADA.

(4) The board shall sit at such times and conduct its proceedings in
such manner as it may deem most convenient for the proper discharge
and speedy dispatch of business.
Officers.
S ec. 63. ( 1 ) The board shall appoint a secretary and a chief medical
officer, and may appoint such auditors, actuaries, accountants, inspec
tors, physicians, officers, clerks, and servants as the board may deem
necessary for carrying out the provisions of this part, and may prescribe
their duties and, subject to the approval of the lieutenant governor in
council, may fix their salaries.
(2) Every person bo appointed shall hold office during the pleasure
of the board, and his salary shall be paid out of the accident fund.
Powers
of
S ec. 64. ( 1 ) The board shall have the like powers as the supreme
board.
court for compelling the attendance of witnesses and of examining
them under oath, and compelling the production and inspection of
books, papers, documents, and things.
( 2) The board may cause depositions of 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 of the
supreme court for the taking of like depositions in that court before
a commissioner.
Acts of officers. S ec . 65. (1) The board may act upon the report of any of its officers,
and any inquiry which it shall be deemed necessary to make may be
made by any one of the commissioners or by an officer of the board,
or some other person appointed to make the inquiry, and the board
may act upon his report as to the result of the inquiry.
( 2) The commissioner, officer, and every other person appointed
to make an inquiry shall for the purposes of any inquiry under subsec
tion (1) have all the powers conferred upon the board by section 64.
Access to books. (3) The board and any member of it, and any officer of the board
or person authorized by it for that purpose, shall have the right to
examine the books and accounts of every employer and to make such
other inquiry as the board may deem necessary for the purpose of
ascertaining whether any statement furnished to the board under the
provisions of section 28 is an accurate statement of the matters which
are required to be stated therein, or of ascertaining the amount of the
pay roll of any employer, or of ascertaining whether any industry or
person is within the scope of this part. For the purpose of 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 per
son, at a place and time to be mentioned in the notice, which time
shall be at least ten days after the giving of the notice, all documents,
writings, books, deeds, and papers m the possession, custody, or power
of the employer touching or in anywise relating to or concerning the
subject-matter of the examination or inquiry referred to in the notice,
and every employer and every agent of the employer named in and
served with any such notice shall produce at the time and place re
quired all such documents, writings, books, deeds, and papers accord
ing to the tenor of the notice.
A ffidavits.
( 4 ) Every member of the board and every officer or person authorized
by it to make examination or inquiry under this section shall have
power and authority to require and to take affidavits, affirmations, or
declarations as to any matter of such examination or inquiry, and to
take statutory declarations required under section 26, and in all such
cases to administer oaths, affirmations, and declarations and certify
to the same having been made.
Obstruction of ( 5) An employer and every other person who obstructs or hinders
officers.
.Qie making 0f any examination or inquiry mentioned in subsection
(3), or who refuses to permit it to be made, or who neglects or refuses
to produce such documents, writings, books, deeds, and papers at the
place and time stated in the notice mentioned in subsection (3 ), shall
be guilty of an offence against this part.
Tn formation
s EC. 66. (1) No officer of the board and no person authorized to make
confidential.
an examinati0n or inquiry under this part shall divulge or allow to be
divulged, except in the performance of his duties or under the authority
of the board, any information obtained by him or which has come to
Proceedings.

TEXT OF LAW S— BRITISH COLUMBIA.

his knowledge in making or in connection with an examination or
inquiry under this part.
(2) Every person who violates the provisions of subsection (1) shall
be guilty of an offence against this part.
S e c . 67. (1) The board shall have exclusive jurisdiction to inquire Jurisdiction
into, hear, and determine all matters and questions of fact and law
necessary to be determined in connection with compensation pay
ments and the administration thereof, and the collection of the funds
therefor, and as to any matter or thing in respect of which any power,
authority, or discretion is conferred upon the board under this part;
and the action and decision of the board thereon shall be final and
conclusive, and shall not be restrained by injunction, prohibition,
or other process or proceeding in any court, or be removable by certio
rari or otherwise into any court.
( 2) Without thereby limiting the generality of the provisions of
subsection ( 1), it is declared that the exclusive jurisdiction of the
board shall extend to determining—
(a) The question whether an injury has arisen out of or in the
#course of an employment within the scope of this part.
(b) The existence and degree of disability by reason of any injury.
(c) The permanence of disability by reason of any injury.
(J) The degree of diminution of earning capacity by reason of any
injury.
(e) The amount of average earnings.
(/) The existence, for the purpose of this part, of the relationship of
any member of the family of a workman as defined by this act.
(g) The existence of dependency.
(h) Whether or not any industry or any part, branch, or department
of any industry is within the scope of this part, and the class to which
any industry or any part, branch, or department of any industry
within the scope of this part should be assigned.
(i) Whether or not any workman in any industry within the scope
of this part is within the scope of this part and entitled to compensation
thereunder.
S e c . 68 . The board may reopen, rehear, redetermine, review, or read- Review,
just any claim, decision, or adjustment, either because an injury or
disease has proven more serious or less serious than it was deemed to
be, or because a change has occurred in the condition of a workman
or in the circumstances or condition of dependents or otherwise.
S ec . 68a. The decision of the board shall be upon the real merits and Precedents,
justice of the case, and it shall not be bound to follow strict legal
precedent.
S e c . 69. The board may award such sum as it may deem reasonable Costs,
to the successful party to a contested claim for compensation or to
any other contested matter to meet the expenses he has been put to
by reason of or incidental to the contest; and an order of the board
for the payment by an employer or by a workman of any sum so
awarded, when filed in the manner provided for the filing of certifi
cates by subsection (2) of section 34; shall become a judgment of
the court in which it is filed and may be enforced accordingly.
S ec . 69 a . Every notice which the board is empowered or required to Notices
j
give to an employer or workman under the provisions of this part,servlceor under any rules or regulations made hereunder, shall be in writing,
and may be served either personally or by sending it by post to the
address of the person to whom it is given. Where a notice is sent by
post, service of the notice shall be deemed to be effected at the time
at which the letter containing the notice, and properly addressed,
postage prepaid, and posted, would be delivered in the ordinary course
of post.
[Part II relates to employers’ liability in industries not within the
compensation law.]

1086

W O R K M E N 'S COMPENSATION LAW S OF CANADA.
Part

III.

GENERAL.

Farm and do
mestic labor.
Act in effect.

S e c t io n 74. This act shall not apply to farm laborers or domestic
servants or to their employers.
S e c . 75. [Repealer.]
S e c . 76. (1) The application of this act as between employers and
workmen and as to the payment of compensation in respect of injuries
to workmen shall take erfect on the first day of January, 1917.
( 2 ) Except as provided in subsection (1), this act shall take effect on
the first day of October, 1916.
schedule.

Description of disease.

Occupational
diseases.

Description of process.

Anthra::............................. Handling of vool, hair, bristles, hides and
skins.
Lead poisoning or its se Any process involving the use of lead or its
preparations or compounds.
quels.
Mercury poisoning or its Any process involving the use of mercury or
its preparations or compounds.
sequela?.
Phosphorus poisoning or Any process involving the use of phospho
rus or its preparations or compounds.
its sequelae.
Arsenic poisoning or its Any process involving the use of arsenic or
its preparations or compovnds.
sequel*.
Mining.
Ankylostomiasis........
May 31, 1916.

MANITOBA.
ACTS OF 1916.
Ch ap ter
S e c t io n

125.— Compensation of workmen for injuries.12

1. This act may be cited as the workmen’s compensation

S e c . 2 . ( 1) In this act—

(а) ‘ ‘ Accident ” means a fortuitous event occasioned by a physical or
natural cause, and shall include a willful and an intentional act, not
being the act of the injured workman.
( б) “ Board” shall mean workmen’s compensation board.
(c) “ Construction ” shall include reconstruction, repair, alteration,
and demolition.
(d) 1‘ Dependents ” shall mean such of the members of the family of
a workman as were wholly or partly dependent upon his earnings at the
time of his death, or who, but for the incapacity due to the accident,
would have been so dependent.
(e) “ Employer” shall include every person having in his service
under a contract for hiring or apprenticeship, written or oral, express
or implied, any person engaged in any work in or about an industry,
and where the services of a workman are temporarily let or hired to
another person by the person with whom the workman has entered into
such a contract the latter shall be deemed to continue to be the em
ployer of the workman whilst he is working for that other person.
(/) ‘ 1Employment ” shall include employment in an industry or any
part, branch or department of an industry.
(g) “ Industry ” shall include establishment, undertaking, trade, and
business.
(h) “ Invalid” shall mean physically or mentally incapable of
earning.
(i) “ Manufacturing” shall include altering, making, preparing,
repairing, ornamenting, printing, finishing, packing, assembling the
parts of and adapting for use or sale any article or commodity.
(j) “ Medical referee” shall mean medical referee appointed by the
board.
(lc) “ Member of the family” shall mean and include wife, husband,
father, mother, grandfather, grandmother, stepfather, stepmother, son,
daughter, grandson, granddaughter, stepson, stepdaughter, brother,
sister, half-brother, and half-sister, and a person who stood in loco
parentis to the workman or to whom the workman stood in loco parentis,
whether related to him by consanguinity or not so related, and where
the workman is the parent or grandparent of an illegitimate child, shall
include such child, and where the workman is an illegitimate child
shall include his parents and grandparents.
(1) “ Outworker” shall mean a person to whom articles or materials
are given out to be made up, cleaned, washed, altered, ornamented,
finished, repaired, or adapted for sale in his own home or on other
premises not under the control or management of the person who gave
out the articles or materials.
(m) “ Regulations” shall mean regulations made by the board under
the authority of this act.
(n) “ Workman” shall include a person, whether under the age of
twenty-one years or not, who has entered into or works under a contract
of service or apprenticeship, written or oral, express or implied, whether
by way of manual labor or otherwise, but when used in Part I shall not
include an outworker, or a person engaged in clerical work and not
exposed to the hazards incident to the nature of the work carried on in
the employment.
(2) The exercise and performance of the powers arid duties of: (a) a
municipal corporation; ( 6) the greater Winnipeg water district; (c) any

Title.
Definitions.

Public employ
ees.

12 As amended to 1919, inclusive.

1087

1088

WORKMEN’S COMPENSATION LAWS OF CANADA.
commission or board having the management and conduct of any work
or service owned by or operated for a municipal corporation or for the
Province of Manitoba; (d) a school board, shall for the purposes of this
act be deemed the trade or business of the corporation, commission,
board or school board; but the obligation to pay compensation under
this act shall apply only to such part of 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 a r t I.

S e c t io n 3. ( 1 ) Where in any employment to which this part applies,
p ergonai injury by accident arising out of and in the course of the em
ployment is, after a day to be named by proclamation of the lieutenant
governor in council, caused to a workman, his employer shall be liable
to provide or to pay compensation in the manner and to the extent
Short-time dis- hereinafter mentioned except where the injury, (a) does not disable
abilities.
the workman for the period of at least six consecutive days from earning
full wages at the work at which he was employed:Provided, That the board
may award compensation under this part in respect of a permanent
disability suffered by a workman without any temporary total disability,
Willful miscon- or, (b) is attributable solely to the serious and willful misconduct of
duet*
the workman unless the injury results in death or serious disablement.
Presumption.
(2) Where the accident arose out of the employment, unJess the con
trary is shown, it shall be presumed that it occurred in the course of the
employment, and where the accident occurred in the course of the
employment, unless the contrary is shown, it shall be presumed that
it arose out of the employment.
Pay for full
( 3 ) Where compensation for disability is payable it shall be comtime.
puted and be payable from the date of the disability.
Casual employ(4 ) This section shall not apply to a person whose employment is of
ments.
a Casual nature and who is employed otherwise than for the purposes
of the employer’s trade or business.
Employers liaS e c . 4 . Employers in the industries for the time being included in the
b
schedule to this act shall be individually liable to pay the compensa
tion.
Accidents outS e c . 5 . ( 1) Where an accident happens while the workman is em0 Provmceployed elsewhere than in Manitoba which would entitle him or his
dependents to compensation under this part if it happened in Manitoba ,
the workman or his dependents shall be entitled to compensation under
this part; («) if the place or chief place of business of the employer is
situate in Manitoba and the residence and the usual place of employ
ment of the workman are in Manitoba, and his employment out of Man
itoba has lasted less than six months; or, (b) if the accident happens on
a steamboat, ship, or vessel or on a railway, and the workman is a resi
dent of Manitoba, and the nature of the employment is such that, in
the course of the work or service which the workman performs, it is
required to be performed both within and without Manitoba.
(2)
Except as provided by subsection 1 no compensation shall be
payable under this part where the accident to the workman happens
elsewhere than in Manitoba,
claimant
to S e c . 6 . ( 1) Where by law of the country or place outside of Manitoba in
elect.
which the accident happens the workman or his dependents are en
titled to compensation in respect of it, they shall be bound to elect
whether they will claim compensation under the law of such country
or place or under this part and to give notice of such election, and
if such election is not made a.nd notice given it shall be presumed that
they have elected not to claim compensation under this part.
(2)
Notice of the election shall be given to the employer and to the
board within three months after the happening of the accident, or, in
case it results in death, within three months after the death or within
such longer period as either before or after the expiration of such three
months, the board may allow.
N on residen t S e c. 7. ( 1 ) Where a dependent is not a resident of Manitoba he shall
beneficiaries.
no£ ke en^ i e(j ^ compensation unless by the law of the place or country
in which lie resides the dependents of a workman to whom an accident
happens in such place or country if resident in Manitoba would be en
titled to compensation; and, where such dependents would be entitled

Compensation
payable, when.

TEXT OF LAWS----MANITOBA.

1089

to compensation under such law the compensation to which the non
resident 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 of subsection ( 1^ the board may
award such compensation, or sum in lieu of compensation, to any such
nonresident dependent as may be deemed proper, and may pay the
same out of the accident fund or order it to be paid by the insurance
company, underwriter, or employer carrying his own insurance liable
to pay same.
S e c . 8 . ( 1 ) Where an accident happens to a workman in the course
Third parties,
of his employment under such circumstances as entitle him or his de
pendents 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) If an action is brought and less is recovered and collected than the
amount of the compensation to which the workman or his dependents
are entitled under this part, the difference between the amount recover
ed and collected and the amount of such compensation shall be payable
as compensation to such workman or his dependents: Provided, 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 com
pensation to which the workman or his dependants are entitled under
this part, be paid over to and deposited with the board, to be kept and
applied in or towards payment of the monthly or other periodical sums
awarded to, or to be awarded, as compensation under this part, the em
ployer, insurance company, or underwriter contributing whatever
balance shall be required to meet such periodical payments as deter
mined by the board.
(3) If the workman or his dependents elect to claim compensation
under this part the employer and insurance company and underwriter
liable for the same shall be subrogated to the rights of the workman or
his dependents and may maintain an action in his or their names against
the person against whom the action lies.
(4) The election shall be made and notice of it shall be given within
the time and in the manner provided by section 6 , otherwise it shall be
presumed that they have elected not to claim compensation under this
part.
(5) In case the person required to make an el ection under this section,
or under section 6 of this act, is under the age of twenty-one years, his
official guardian may make the election for him without the necessity
of applying to any court or judge for directions in respect thereto.
S e c . 9.
(1) Where the compensation is payable by the employer L i a b i l i t y of
under this part and a person, in this section referred to as the principal, PrmclPa •
in the course of or for the purposes of his trade or business contracts
with any other person, in this section referred to as the contractor, for
the execution by or under the contractor of the whole or any part of
any work undertaken by the principal, the principal shall be liable to
pay to any workman employed in the execution of the work the com
pensation which he would have been liable to pay if that workman had
been immediately employed by him.
(2 ) Subsection ( 1 ) shall not apply where the accident happens else
where than on or in or about the premises upon which the principal has
undertaken to execute the work or which are otherwise under his con
trol or management.
(3) Where a person, whether carrying on an industry included in ■
Dtutyt °* sub*
the schedule to this part or not, in this section referred to as the princi- con rac ors*
pal, contracts with any other person for the execution by or under the
contractor of the whole or any part of any work for the principal, it
shall be the duty of the principal to see that such contractor files the
statements, declarations, and policies required by this part, and if
any such principal fails to do so he shall be liable to the penalties pro
vided by section 71 hereof.
(4) Where compensation is claimed from the principal under this Employer’s re
part, reference to the principal shall be substituted for reference to the sPonsl 11 y*
employer, except that the amount of the compensation shall be calcu
lated with reference to the earnings of the workman under the employer
by whom he is immediately employed.
177982°—21— Bull. 272------ 69

1090

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COMPENSATION LAWS OF CANADA.

(5) Where the principal is liable to pay compensation under this
section he shall be entitled to be indemnified by any person who would
have been liable to pay compensation to the workman independently
of this section, and all questions as to the right to and the amount of
any such indemnity shall be determined by the board.
(6 ) Nothing in thissection shall prevent a workman claiming th rough
the board compensation under this part from the contractor instead of
the principal.
Employees to
S e c . io. A member of the family of any employer, or the dependents
be bona Me.
0f guck member, shall not be entitled to compensation under this part
unless it is established to the satisfaction of the board that such member
was a bona fide employee of such employer at the time of the accident.
Suits forbidden.
Sec. 11. No action shall lie for the recovery of the compensation,
but all claims for compensation shall be heard and determined by the
board, without the intervention of counsel or solicitors on either side
except with the express permission of the board.
B e n e fic ia r y
S e c . 12 . If a workman receiving a weekly or other periodical payleavmg Province. men^ ag compensation under this part ceases to reside in Manitoba, he
shall not thereafter be entitled to receive any such payment unless a
medical referee certifies that the disability resulting from the injury is
likely to be of a permanent nature, and if a medical referee so certifies
and the board so directs the workman shall be entitled quarterly to the
amount of the weekly or other periodical payments accruing due, if he
proves, in such manner as may be prescribed by the regulations, his
identity and the continuance of the disability in respect of which the
same is payable.
Remedy exclus EC. 13. (1) The right to compensation provided by this part shall
srve*
be in lieu of all rights and rights of action, statutory or otherwise, to
which a workman or his dependents are or may be entitled against the
employer of such workman for or by reason of any accident which hap
pens to him while in the employment of such employer, after the day
named by proclamation as mentioned in section 3, and no action in
any court of law in respect thereof shall thereafter lie.
(2 )
Any partyto such action if brought may apply to the board for ad
judication and determination of the question of the plaintiff's right to
compensation under this part, and as to whether the action is one the
right to bring which is taken away by this part, and such adjudication
and determination shall be final and conclusive.
Waivers.
s Ec. 14 . i t shall not be competent for a workman to agree with his
employer to waive or to forego any of 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.
D e d u c tio n s
S e c . 15. It shall not be lawful for an employer, either directly or
rom wages.
indirectly, to deduct from the wages of his workmen any part of any
sum which the employer is or may become liable to pay the workman
as compensation under this part or to require or to permit any of his
workmen to contribute in any manner towards indemnifying the
employer against any liability which he has incurred or may incur
under this part.
Penalty.
S e c . 16. Every person who contravenes any of the provisions of
the last preceding section shall, for every such contravention, incur
a penalty not exceeding $50 and shall also be liable to repay to the
workman any sum which has been deducted from his wages or which
he has been required or permitted to pay in contravention of the last
preceding section.
Assignmen t s ,
Sec . 17. Unless with the approval of the board no sum payable as com*
pensation or by way of commutation of any weekly or other periodical
payment in respect of it shall be capable of being assigned, charged,
or attached, nor shall it pass by operation of law except to a personal
representative, nor shall any claim be set off against it.
Notice of acciSec. 18. (1) Subject to subsection ( 6 ) of this section compensation
en *
shall not be payable unless notice of the accident is given as soon as
practicable after the happening of it and before the workman has
voluntarily left the employment in which he was injured, and unless
the claim for compensation is made within six months from the happen
ing of the accident, or, in case of death, within six months from the
time of death.

TEXT OF LAWS----MANITOBA.

1091

(2) The notice shall give thename and address of the workman and
shall be sufficient if it states in ordinary language the <?ause of the
injury and where and when the accident happened.
(3) The notice may be served by delivering it at, or sending it by reg
istered post addressed to, the place of business or the residence of the
employer, or, where the employer is a body of persons corporate or
unincorporate, by delivering it at, or sending it by registered Ppst,
addressed to the employer at the office, or, il there are more offices
than one, at any of the offices of such body or persons.
(4) The notice shall also be given to the board by delivering it to or Not ice
to
at the office of the secretary, or by sending it to him by registered post, board*
addressed to his office, and a certificate of the attending physician, in
the form approved of by the board for that purpose, shall be filed with
the board.
(5 ) It shall be the duty of every physician or surgeon attending or Physician’s re
consulted upon any case of injury to any workman to furnish or cause p
to be furnished from time to time, such reports, and in such form, as
may be required by the board in respect of such injury; and for each
such report such physician or surgeon shall be entitled to a fee of two
dollars, payable by the board out of the accident fund.
(6 ) Failure to give the prescribed notice or any defect or inaccuracy Failure to give
in a notice shall not bar the right to compensation if, in the opinion of notlce*
the board, the employer was not prejudiced thereby, and if the board
is of the opinion that the claim for compensation is a just one, and
ought to be allowed.
Sec. 19. (1) A workman who claims compensation or to whom com- Medical examlpensation is payable under this part shall, if so required by his emlons'
ployer, submit himself for examination by a duly qualified medical
practitioner provided and paid for by the employer and shall, if so^re
quired by the board, submit himself for examination by a medical
referee.
(2) A workman shall not be required at the request of his employer
to submit himself for examination otherwise than in accordance with
the regulations.
Sec. 20. (1) Where a workman has upon the request of his employer Medical referee,
submitted himself for examination, or has been examined by a duly
qualified medical practitioner selected by himself, and a copy of the
report of the medical practitioner as to the workman’s condition has
been furnished in the former case by the employer to the workman and
in the latter case by the workman to the employer, the board may, on
the application of either of them, refer the matter to a medical referee.
(2 ) The medical referee to whom a reference is made under the next
preceding subsection, or who has examined the workman by the direc
tion of the board under subsection (1) of section 19, shall certify to the
board as to the condition of the workman and his fitness for employ
ment, specifying where necessary the kind of employment, and his
certificate, unless the board otherwise directs, shall be conclusive as to
the matters certified.
(3) If a workman does not submit himself for examination when Refusal to subrequired to do so as provided by subsection (1) of section 19, or on ^ t0 examma‘
being required to do so does not submit himself for examination to a
medical referee under that subsection or under subsection (1) of this
section, or in any way obstructs any examination, his right to compen
sation or if he is in receipt of a weekly or other periodical payment his
right to it shall be suspended until such examination has taken place.
Sec. 21. -Where in any case in the opinion of the board the provision Special surgical
of a special surgical operation or other special medical treatment for a °Pera iaQS*
workman and the furnishing of the same by the board will be a means
of avoiding heavy payment for permanent disability, the amount of
the cost thereof shall be payable as compensation in addition to the
amounts hereinafter mentioned.
S e c . 22. Any weekly or other periodical payment to a workman may
Review,
be reviewed from time to time at the request of the employer or of the
workman, 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 described.

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COMPENSATION LAW S OF CANADA.

S ec . 23. .Where the workman was, at the date of the accident, under
twenty-one years of age, the amount of the weekly or other periodical
payment may be fixed by the board by its first order, or at any subse
quent review, on the basis of the earnings of an average workman
aged twenty-one years, employed at a similar class of work, or on any
lower basis: Provided, The same be not lower than: (a) in the case of a
first order, his average earnings at the date of the accident, and ( 6) 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 of
the review.
Lump sum.
S e c . 24. (1 ) The board, on application in that behalf, may, with theconsent of the workman or dependent to whom it is payable, but not
otherwise, commute the weekly or other periodical payments payable
to a workman or a dependent whether over the age of 21 years or not
for a lump sum; and if the application is granted the board shall
make an order for payment of the lump sum so fixed, which may be
enforced in the manner provided for in section 60 of this act.
(2 ) The lump sum shall be paid to the board.
(3) The lump sum maybe: (a) applied in such a manner as the work
man or dependent may direct; or (o) paid to the workman or depend
ent; or (c) invested by the board in a like manner as by a trustee under
the “ Manitoba Trustee A ct,” and subject to the provisions of such act
in regard to investments by a trustee and applied from time to time as
the board may deem most for the advantage of the workman or depend
ent; or (d) paid to trustees to be used and employed upon and subject
to such trusts and for the benefit of such persons as may be desired by
the workman or dependent and approved by the board; or (e) applied
partly in one and partly in another or others of the modes mentioned
in the above paragraphs as the board may determine.
Advances
by
S e c . 25. WThere compensation is payable under this part the board
board.
may in any case where in its opinion the interest or pressing need of the
workman or dependent warrants it advance or pay to or for the work
man or dependent such sum or sums as the circumstances warrant and
as the board may determine by order, and the same ahall immediately
thereafter be recouped to the board by the employer, insurance com
pany, or underwriter liable.
Payments by
S e c . 26. Where an employer insured by a contract of insurance of
insurance
com
an insurance company or any other underwriter is liable to make a
panies.
weekly or other periodical payment to a workman or his dependents
and the payment has continued for more than six months the liability
may, if the board so directs, upon the application of the insurance com
pany or underwriter liable, before the expiration of twelve months
from the commencement of the disability of the workman or his death,
if the accident resulted in death, be commuted by the payment of a
lump sum, and the company or underwriter shall pay the lump sum to
the board, and it shall be dealt with in the manner provided by sec
tion 24.
Default in in
S e c . 27. If any employer fails to insure his workmen and keep them
surance.
insured against accidents in respect of which he may become liable to
pay compensation in a company approved by the board for such amount
as the board may direct the board may cause them to be so insured and
may make an order for the employer to pay to the board the cost of
effecting such insurance, and such order may be filed in the court of
king’s bench for Manitoba and enforced as hereinafter provided in sec
tion 60 hereof.
Paym ents
S e c . 28. All compensation payable under this part shall’ be paid to
through board.
the board as hereinafter provided, and shall be paid by the board to
the person or persons entitled thereto as herein provided.
Notice of claim.
S e c . 29. ( 1) Where a claim for compensation under this part is made,
a notice thereof shall be given in writing to an employer carrying his
own insurance, or to the insurance company or underwriter, in case
there is one, which notice shall be in the form following, or to the like
effect:

TEXT OF LAW S— MANITOBA.

1093

THE W O R K M A N ’ S COMPENSATION ACT.

Claim.

Winnipeg,------- , 19—.

D e a r Sir : Please note that we have received from------- claim for compensation for
injuries sustained while in the employ o f------- ■, under your policy No. —.
The same will be dealt with at the first meeting of the board, following the completion
of the file.
Should you desire to be present at the hearing and consideration of the claim, or to
give evidence thereon, notice thereof must be given to the board within six days from
this date, when a time will be fixed for such hearing, of which due notice shall be sent
you, but if such notice is not received from you within that time the board will proceed
to hear and adjudicate upon the claim without further notice to you.
Yours, truly,
Comm issioner.

(2) If no notice is received by the board from the employer or insur
ance company or underwriter, as above provided, within the time
limited, or such further time as the board may allow, the board may
proceed ex parte to determine the question of the right of the work
man or his dependents to compensation, and shall make an order for
payment of any compensation awarded as hereinafter provided; and, if
a notice of intention to be present or to give evidence at the hearing of
the claim is received from the employer or insurance company or
underwriter the board shall, after fixing a time for such hearing and
giving due notive thereof, proceed to hear and determine the matter of
said claim, and the amount of the compensation, if any, to be awarded,
and shall make an order for payment of any compensation awarded as
hereinafter provided.
S e c . 30. Where the accident causes permanent disability, either
Security for
total or partial, or the death of the workman the insurance company or Paym s'
underwriter or employer liable shall, if the board deems it necessary
or advisable, give to the board, within 30 days after request therefor,
such security as the board may deem sufficient for the future payments,
and shall be liable to a penalty of $10 per day for every day’s delay
in giving such security recoverable on summary conviction before a
justice of the peace, together with costs of prosecution. The board
may invest any moneys received by it as such security, or any sum of
money received by it under any other section of this act, when not
required to be immediately paid out, in securities in which a trustee
may by law invest trust moneys.
S e c . 31. Where a right to compensation is suspended under the Suspension of
provisions of this part no compensation shall be payable in respect of comPensatlon*
the period of suspension: Provided, That the board may, in its discre
tion, after removal of the suspension, order the payments for such
period of suspension to be made good in whole or in part.
S e c . 32. In addition to any compensation payable under this act Medical attendthe cost of medical attendance, nursing, care, and maintenance ren- ance*
dered necessary by accident, as the board may deem reasonable, not
to exceed $100, shall be paid by the board out of the accident fund to
the persons to whom same may be due and payable.
S e c . 33 . (1) Where death results from any injury the amount of the Death benefits,
compensation shall be: (a) The necessary expenses of the burial of the
workman, not exceeding $75; (b) where the widow or an invalid husband
is the sole dependent, a monthly payment of $20 ; (c) where the depend
ents are a widow or an invalid husband and one or more children, a
monthly payment of $20, with an additional monthly payment of $5
for each child under the age of sixteen years, not exceeding in the
whole $40; (<f) where the dependents are children, a monthly payment
of $10 for each child under the age of sixteen years, not exceeding in
the whole $40; (e) where the dependents are persons other than those
mentioned in the preceding clauses, a sum reasonable and proportion
ate to the pecuniary loss to such dependents occasioned by the death,
to be determined by the board, and not exceeding to the parents or
parent $20 per month, and not exceeding in the whole $30 a month.
( 2)
In the case provided for by clause (e) of subsection ( 1), the pay
ments shall continue only so long as, in the opinion of the board, it
might reasonably have been expected, had the workman lived, that
he would have continued to contribute to the support of the dependents.

1094

W O R K M E N ’ S COMPENSATION LAW S OF CANADA.

(3) Where there are both total and partial dependents the compensa
tion may be allotted partly to the total and partly to the partial de
pendents.
(4) Where the board is of opinion that for any reason it is necessary
or desirable that a payment in respect of* a dependent child shall not
be made directly to its parent, the board may direct that the payment
be made to such person or be applied in such manner as the board may
deem most for the advantage of the child.
Maximum of 55
( 5 ) Exclusive of the amounts provided for by section 32 and paraper cent.
graph (a) of subsection (1 ) of this section, the compensation payable as
provided by subsection (1 ) of this section shall not in any case exceed
55 per cent of the average earnings of the workman mentioned in section
37, and if the compensation payable under that subsection would in
any case exceed that percentage, it shall be reduced accordingly, an d,
where several persons are entitled to monthly payments, the payments
shall be reduced proportionately.
Remarriage.
gEC< 34 . (1) if a dependent widow marries, the monthly payments
to her shall cease, but she shall be entitled in lieu of them to a lump
sum equal to the monthly payments for two years, and such lump sum
shall be payable one month after the day of her marriage.
(2 ) Subsection ( 1) shall not apply to payments to a widow in respect
of a dependent child or children.
Payments to
Sec. 35 a monthly payment in respect of a child shall cease when
c 1 aren.
the child attains the age of sixteen years or dies.
No dependents.
$ e c. 35 Where a workman leaves no dependents such sum as the
board may deem reasonable for the expenses of his medical attendance,
nursing, care, maintenance, and burial shall be paid to the persons to
whom such expenses are due.
Total disabilgEC> 37 . Where permanent total disability results from the injury the
y'
amount of the compensation shall be a weekly payment during the life
of the workman equal to 55 per cent of his average weekly earninga
during the period of twelve months, if he has been so long employed,
but if not then for any less period during which he has been actually
working in the employment of his employer: Provided, That such com
pensation shall not be less than six dollars per week, except in casea
where the average earnings of the employee are less than six dollars
per week, when he shall receive as weekly compensation the total
amount of such average weekly earnings.
Partial
disaS ec . 38. ( 1) Where permanent partial disability results from the
bility.
injury the compensation shall be a weekly payment of 55 per cent of
the difference between the average weekly earnings of 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 acci
dent and the compensation shall be payable during the lifetime of the
workman.
(2 ) Where the impairment of the earning capacity of the workman
does not exceed 10 per cent of his earning capacity, the board shall,
unless in the opinion of the board it would not be to the advantage of
the workman to do so, direct that instead of such weekly payment such
lump sum as may be deemed to be the equivalent of it shall be paid to
the workman.
Temporary toS ec . 39. Where temporary total disability results from the injury the
1dlsablllty*
compensation shall be the same as that prescribed by section 37, but
shall be payable only so long as the disability lasts and in case the
period of disability appears, in the opinion of the board, to be unnec
essarily prolonged, it may reduce temporarily or permanently the per
centage of wages allowed as compensation by said section 37, with
power to restore the full percentage at any time.
Temporary parSec. 40. Where temporary partial disability results from the injury
tial disability.
compensation shall be the same as that prescribed by section 38,
but shall be payable only so long as the disability lasts and subsection
(2 ) of that section shall apply.
Computation of
Sec. 41. (1) Average earnings shall be computed in such a manner
earnmgs.
ag
calculated to give the rate per week or month at which the
workman was remunerated, but not so as in any case to exceed the rate
of $2,0 0 0 per annum.

TEXT OF LAW S— MANITOBA.

1095

(2 ) Where, owing to the shortness of the time during which the work
man was in the employment of his employer or the casual nature of his
employment or the terms of it, it is impracticable to compute the rate
of remuneration as of tho date of the accident, regard may be had to the
average weekly or monthly amount which, during the twelve months
previous to the accident, was being earned by a person in the same
grade employed at the same work by the same employer, or if there
is no person so employed then by a person in the same grade employed
in the same class of employment and in the same locality.
(3) Where the workman has entered into concurrent contracts oi
service with two or more employers under which he worked at one time
for one of them and at another time for another of them, his average
earnings shall be computed on the basis of what he would probably
have been earning if he had been employed solely in the employment
of the employer for whom he was working at the time of the accident.
(4) Employment by the same employer shall mean employment by
the said employer in the grade in which the workman was employed
at the time of the accident uninterrupted by absence from work due to
illness or any other unavoidable cause.
(5) Where the employer was accustomed to pay the workman a sum
to cover any special expenses entailed on him by the nature of his em
ployment that sum shall not be reckoned as part of his earnings.
(6 ) W'here in any case it seems more equitable the board may award
compensation, having regard to the earnings of the workman at the
time of the accident.
S ec . 42. In fixing the amount of a weekly or monthly payment re- Other benefits,
gard shall be had to any payment, allowance, or benefit which the work
man may receive from his employer during the period of his disability,
including any pension, gratuity, or other allowance provided wholly at
the expense of the employer; and any sum so paid by the employer may
be paid to the employer out of the compensation.
S ec . 43. The board may, wherever it is deemed advisable, provide P a y m e n t of
that the payments of compensation may be fortnightly or monthly compensa11,
instead of weekly.
S e c . 44. Where a workman or a dependent is an infant under the age Minors,
of twenty-one years, or under any other legal disability, the compen
sation to which he is entitled may be paid to such person or be
applied in such manner as the board may deem most for his advantage.
S ec . 45. Where medical, hospital, or surgical treatment or burial or Medical, etc..
other expenses have been paid or guaranteed for a workman or depend-0 s*
ent. by any person, the board may, of it thinks proper, pay the same
to the party entitled to the extent of the moneys referred to in section
32, and in subsection (1) (a) of section 33.
S e c . 46. (1) There is hereby constituted a commission for the Board created,
administration of this part to be called “ The workmen’s compensa
tion board, ” which shall be a body corporate and shall consist of a com
missioner and two directors, all of whom shall be appointed by the
lieutenant governor in council.
(2) The presence of the commissioner and one director, or a director Quorum,
duly appointed to act as commissioner and the other director, shall be
necessary to constitute a quorum of the board.
S ec . 47. (1) In the case of the illness or absence from Manitoba of Members
pro
any member of the board, or of his inability to act from any cause, the temP°re*
lieutenant governor in council may appoint some person, who may
be one of the directors, to act pro tempore in his stead, and the person
so appointed shall have all the powers and perform all the duties of
the commissioner or a director, as the case may be, during such illness,
absence, or inability.
(2 ) By resolution of the board one of the directors may act as com
missioner during the temporary absence of the commissioner from any
cause, but not longer than fifteen days in any one period.
Sec. 48. The commissioner shall, subject to section 49, hold office Term,
during good behavior, but may be removed at any time for cause.
S ec”. 49. Unless otherwise directed by the lieutenant governor in Age limit,
council the commissioner shall cease to hold office when he attains the
age of 75 years.

1096

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COMPENSATION LAW S OF CANADA.

S ec . 50. (1) The commissioner shall devote the whole of his time
to the performance of his duties under this part, except that he may
devote the time necessary to carry out the provisions of any act of the
parliament of Canada with respect to compensation for Dominion
Government employees in Manitoba, and their dependents; and he
shall, subject to the directions of the board, supervise and conduct all
investigations and inquiries, and perform all administrative work
which may be necessary in order to enable the board properly to ex
ercise its powers.
(2) It shall be the duty of the directors to attend all meetings of the
board.
Salaries.
S e c . 51. Cl) The salary of the commissioner shall be $6,000 per
annum, and the salary of each director shall be $1,000 per annum, and
such salaries shall be payable out of the administration fund.
( 2 ) The lieutenant governor in council may authorize the payment
to any director out of the administration fund of an additional allow
ance of $15 for each meeting of the board in excess of fifty which any
director attends in any year.
Powers.
S e c . 52. The board, shall have the like powers as the court of king’s
bench in Manitoba or a judge thereof for compelling the attendance of
witnesses and of examining them under oath, and of compelling them
to answer questions, and compelling the production of books, papers,
documents, and things.
Intents for- S ec . 53. (1) A commissioner shall not directly or indirectly: (a)
bidden.
have, purchase, take, or become interested in any industry, to which
this part applies, or any bond, debenture, or other security of any per
son or corporation owning or carrying it on; (6) be the holder of shares,
bonds, debentures, or other securities of any company which carries
on the business of employers’ liability or accident insurance; (c) have
any interest in any device, machine, appliance, patented process, or
articles which may be required or used for the prevention of accidents.
(2) If any such industry, or interest therein, or any such share,
bond, debenture, security, or thing comes to or becomes vested in a
commissioner by will or by operation of law, and he does not within
three months thereafter sell and absolutely dispose of it he shall cease
to hold office.
Offices.
S ec . 54. The offices of the board shall be situated in the city of
Winnipeg, and its sittings shall be held there, except where it is expe
dient to hold sittings elsewhere, and in that case sittings may be held
in any part of Manitoba.
Sittings.
S ec . 55. The board shall sit at least once in each week, and at such
other times as may be necessary, and shall conduct its proceedings in
such manner as it may deem most convenient for the proper discharge
or speedy dispatch of business.
Appointment S e c . 56. (1) The board shall appoint a secretary and a chief medical
of officers.
officer, and may appoint such auditors, actuaries, accountants, inspec
tors, medical referees, and other officers, clerks, and servants as the
board may deem necessary for carrying out the provisions of this part,
and may prescribe their duties, and, subject to the approval of the lieu
tenant governor in council, may fix their salaries.
( 2) Every person so appointed shall hold office during the pleasure
of the board.
Jurisdiction of^ S ec . 57. (1) The board shall have exclusive juiisdiction to examine
board.
into, hear, and determine all matters and questions arising under this
part, and as to any matter or thing in respect of which any power, author
ity, or discretion is conferred upon the board, and the action or decision
of 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)
Without hereby limiting the generality of (he provisions of sub
section ( 1), it is declared that the exclusive jurisdiction of the board
shall extend to determining—
(a) The existence and degree of disability by reason of any injury.
(b) The permanence of disability by reason of any injury.

lce*

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(c) The degree of diminution of earning capacity by reason of any
injury.
(d) The amount of average earnings.
(e) The existence, for the purpose of this part, of the relationship of
any member of the family of a workman as defined by this act.
(f) The existence of dependency.
(g) Whether or not any industry or any part, branch or department
of any industry is within the scope of this part, and the class to which
any industry or any part, branch, or department of any industry within
the scope of this part should be assigned.
(h)' Whether or not any workman in any industry is within the scope
of this part and entitled to compensation thereunder.
The whole of this subsection fas amended 1919J shall be retroactive,
and shall be held to have been in force since the commencement of the
said act.
(3)
Nothing in subsection (1) shall prevent the board from reconsid
ering any matter which has been dealt with by it or from rescinding,
altering, or amending any decision or order previously made, all of
which the board shall have authority to do.
Sec. 58. The board may award such sum as it may deem reasonable Costs,
to the successful party to a contested claim for compensation or to any
other contested matter as compensation for the expenses he has been
put to by reason of or incidental to the contest, and an order of the board
for the payment by an employer of any sum so awarded, when filed in
the manner provided by section 60, shall become a judgment of the
court in which it is filed and may be enforced accordingly.
S e c . 59. (1) The board may act upon the report of any of its officers, Acts of officers,
and any inquiry which it shall be deemed necessary to make may be
made by any one of the officers of the board, or by the commissioner or
some other person appointed to make the inquiry, and the board may
act upon his report as to the result of the inquiry.
(2) The person appointed to make the inquiry shall for the purposes
of the inquiry have all the powers conferred upon the board bv section

52.
S e c . 60. An order of the board for the payment of compensation by
Orders as judgan employer or insurance company or underwriter, who is liable to pay mentsthe compensation and any other order of the board for the payment of
money made under the authority of this part or a copy of any such order
certified by the secretary to be a true copy may, upon payment of a fee
of one dollar, be filed in the court of king’s bench for Manitoba, and
when so filed shall become a j udgment of that court and may be enforced
accordingly.
Sec.^ 61. ( 1) The board may make such regulations as may be deemed Regulations,
expedient for carrying out the provisions of this part and to meet cases
not specially provided for by this part and a certified copy of every reg
ulation so made shall be transmitted forthwith to the provincial secre
tary, but any such regulation may within one month after it has been
received by the provincial secretary, be disallowed 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 disal
lowance has expired every regulation which has not been disallowed
shall become effective and every regulation which has become effective
shall be forthwith published in The Manitoba Gazette.
(3) Every person who contravenes any such regulation after it has
become effective shall for every contravention incur a penalty not ex
ceeding $50.
(4) Where an action in respect of an injury is brought against an em- Suits,
ployer by a workman or a dependent the board shall have jurisdiction
upon the application of the employer to determine whether the work
man or dependent is entitled to maintain the action or only to compen
sation under this part and, if the board determines that the only right of
the workman or dependent is to such compensation, the action shall be
forever stayed.

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(5)
In addition to all other rules and regulations which may be made
under the provisions of this part, the board may make such regulations
as may be deemed requisite for the due administration and carrying
out of the provisions of this part, and may likewise prescribe the use of
such proper pay rolls, records, reports, certificates, declarations, and
documents as may be requisite.
Audits.
Sec. 62. The accounts of the board shall be audited by the controller
general or by an auditor appointed by the lieutenant governor in coim- j
cil for that "purpose, and the salary or remuneration of the last-mentioned auditor shall be paid by the board.
Reports.
g EC ^3 ^
k oarc[ shall on or before the 15th day of January in
each year make a report to the lieutenant governor in council of its
transactions during the last preceding calendar year, and such report,
shall contain a statement of the accounts required to be kept under
section 69g of this act if and when the same shall come into force and
such particulars as the lieutenant governor in counc il may prescribe.
(2 ) Every such report shall be forthwith laid before the assembly if
the assembly is then in session, and if it is not then in session within
fifteen days after the opening of the next session,
cialtreasurer^11" ^EC*
^ ie provincial treasurer, or an officer of his department
named by him for that purpose, shall once in each year and oftener if
so required by the lieutenant governor in council examine into the
affairs and business of the board for the purpose of determining as to the
sufficiency of the provisions of the board to insure the payment of com
pensation promptly as awarded under this part.
s
istratiorf admin"
Sj:c. 6 5 . To assist in defraying the expenses incurred in the adminisis ra ion.
tration of this part there shall be paid to the board out of the consoli
dated revenue fund such annual sum as the lieutenant governor in
council may direct.
Accident fund. g EC> Qg p or
purpose 0f assessment in order to create and main
tain a fund, to be called the “ accident fund, ” for the payment of the
compensation, outlays, and expenses under this part, all industries
within the scope of this part shall be divided into classes as set out in
schedule I.
S ec . 67. (1 ) The board may, by regulations—
New classifica/a\ Create new classes in addition to those mentioned in Schedule I
turns, etc.
to this act.
(b) Consolidate or rearrange from time to time any of the existing
classes; and
(c) Withdraw from a class any industry included therein, and trans
fer it wholly or in part to any other class, or form it into a separate class.
(2)
In case of any rearrangement of the classes, or the withdrawal
of an industry from any class, the board may make such adjustment and
disposition of the funds, reserves, and accounts of the classes affected
as may be deemed just and expedient.
Industries to be
S ec .
board shall assign every industry within the scope
assigne .
Q|
part its proper class, and where any industry includes several
departments assignable to different classes, the board may either
assign such industry to the class of its principal or chief department, or
may, lor the purpose of this part, divide such industry into two or more
departments, assigning each of such departments to its proper class.
Payrolls.
S ec . 69. (1) Every employer shall, on or before the twentieth day
of January in each year, or whenever thereafter he becomes an employer
within the meaning of this part, and at such other times as may be
required by the regulations or by the board, cause to be furnished to
the board an estimate of the probable amount of the pay roll of each
of his industries within the scope of this part for the current year, to
gether with such further and other information as may be required by
the board for the purpose of assigning each industry to the proper class,
and making the assessments hereunder; and every employer shall, at
or within twenty days after the close of each calendar year, and at
such other times as may be required by the board, furnish certified
copies or reports of his pay rolls, for the preceding year, verified by
statutory declaration.
(2 )
In computing the amount of the pay roll of any industry for the
purpose of assessment, regard shall be had only to such portion of the
pay roll as represents workmen and employment within the scope

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1099

of this part; and where the wages of any workman exceed the rate of
two thousand dollars per year a deduction shall be made in respect of
the excess.
(3)
If an employer does not comply with the provisions of sub
section (1 ), or if any statement made in pursuance of its provisions is
not a true and accurate statement of any of the matters required to be
set forth in it, the employer for every such noncompliance, and for
every such inaccurate statement, shall be guilty of an offense against
this part.
S ec. 69a. (1) For the purpose of creating and maintaining the ade- Assessments;
quate 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—
(«) To meet all amounts, including medical aid, payable from the
accident fund under this part during the year.
( 6)
To provide in each year capitalized reserves sufficient to meet
the periodical payments of compensation accruing in future years in
respect of all accidents which occur during the year; and
(c)
To provide a reserve fund to be used to meet the losses arising
from any disaster or other circumstance.
( 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 otherwise; and,
where it appears that the funds are sufficient for the time being, any
installment may be abated, or its collection deferred.
(4) In case the estimated assessments prove insufficient, the board
may make such further assessments and levies as may be necessary, or
the board may temporarily advance the amount of any deficiency out
of any reserve provided for that purpose, and add such amount to any
subsequent assessments.
(5) The board shall give notice to each employer of the amount of
each assessment due from time to time in respect of his industry, and
the time when the same 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 notic e is posted.
S ec. 09 b. To assist in defraying the expenses incurred in the admin-. Costs of admin
istration of this part, such annual sum as the lieutenant governor in istratl0n*
council may direct shall be paid out of the consolidated revenue fund
to the board to form part of the accident fund.
Sec. 69c. The board shall establish such subclassifications, differ- Special ratings,
entials, and proportions in the rates as between the different kinds of
employment in the same class as may be deemed just; and, where in
the opinion of the board any particular industry is shown to be so
circumstanced or conducted that the hazard differs from the average
of the class or subclass to which the industry is assigned, the board
shall confer or impose upon such industry a special rate, differential,
or assessment to correspond with the relative hazard of that industry;
and for such purpose may adopt a system of schedule rating in such a
manner as to take account of the peculiar hazard of the individual
plant or undertaking of each employer.
S ec. 69d. (1) Where an employer engages in any of the industries Temporary in*
within tlie scope of this part, and has not been assessed in respect of it, dustnes*
the board, if it is of opinion tuat the industry is to be carried on only
temporarily, may require the employer to pay or to give security for
the payment to the board of a sum sufficient to pay the assessment for
which the employer would be liable if the in dusty had been in existence
when the last preceding assessment was made.
(2)
Every employer who makes default in complying with any re
quirement of the board under subsection (1) shall be guilty of an
offence against this part.
S ec. 69e. (1) If any assessment or part thereof is not duly paid in Default in as*
accordance with the terms of the assessment and levy, the board shalls03sme

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have a right of action against the defaulting employer in respect of the
amount unpaid, together with costs of such action.
( 2) Where default is made in the payment of any assessment, or any
part of it, the board may issue a certificate stating that the assessment
was made, the amount remaining unpaid on account of it, and the per
son by whom it was payable, and such certificate, or a copy of it, cer
tified by the secretary under the seal of the board to be a true copy, may
on payment of a fee of fifty cents be filed with tne clerk of the county
court of the judicial division or with th e proper officer of the court of
king’s bench in the judicial district in which such person resides or carries
on business, and when so filed shall become an order of that court, and
may be enforced as a judgment o f tne court against such person for
the amount mentioned in the certificate.
Penalty.
S e c . 69f. ( 1 ) If any assessment levied under any provision of this part
is not paid at the time when it becomes payable, the defaulting em
ployer 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
the regulations.
( 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 of subsection (1) of section 69, or who refuses or
neglects to pay any assessment, or the provisional amount of any assess
ment, 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, of
the compensation payable in respect of any accident to a workman
in his employ, wnich happens during the period of such default, and
the payment of such amount may be enforced in the same manner as
the payment of an assessment may be enforced.
(3) The board, if satisfied that such default was excusable, may
relieve such employer in whole or in part from liability under tnis
section.
Separate
S ec. 69g. Separate accounts shall be kept of the amounts collected and
counts.
expended in respect of every class, and of every fund set aside by way
of reserve, or as a special fund for any purpose; but, for the purpose of
paying compensation, the accident fund shall, nevertheless, be deemed
one and indivisible.
Annual adjustgEC^ 69h. (1) On or before the first day of March in each year the
men s*
amount of the assessment for the preceding calendar year shall be
adjusted upon the correctly ascertained pay roll of 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 of ownership or employership
has occurred, the boaxd may levy any part of such deficiency on either
or any of the successive owners or employers, or pay or credit to any
one or more of such owners or employers such surplus as the case may
require.
Municipalities.
g EC> 69i. Where any work within the scope of this part is performed
under contract for any municipal corporation, or for any board or com
mission having the management of any work or service operated for a
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 of such assessment deducted from any moneys due the
contractor in respect of such work.
Contractors and
S e c . 69j (1) Where any work within the scope of this part is underprmeipals.
taken for any person by a contractor, both the contractor and the per
son for whom such work is undertaken shall be liable for the amount of
any assessment made under this act, in respect thereof, and suchassessment may be levied and collected from either of them, or partly
from one and partly from the other: Provided, That in the absence of any
term in the contract to the contrary, the contractor shall, as between
himself and the person for whom the work is performed, be primarily
liable for the amount of such assessment.
(2 )
Where any work within the scope of this part is performed under
subcontract, both the contractor and the subcontractor shall be liable

TEXT OF LAW S---- MANITOBA.

1 10 1

for the amount of any assessmeut made under this act in respect of
such work; any such assessment may be levied and collected from
either, or partly from one and partly from the other: Provided, That
in the absence of any term in the subcontract to the contrary, the
subcontractor shall, as between himself and the contractor, be primarily
liable for the amount of such assessment.
S e c . 70. (1) The board shall have jurisdiction and authority by Power of toard
regulation to add to the industries mentioned in Schedule I of this act
to classificaany industry not included in such schedule and to withdraw or exclude 10n*
from the operation of Part I any industry mentioned in the said sched
ule, or any industry mentioned therein, in which not more than a
stated number of workmen are usually employed.
(2) A regulation made by the board under the authority of subsec- Regulations to
tion (I) shall not have any force or effect unless approved by the lieu- be approved,
tenant governor in council, and when so approved it shall be pub
lished in the Manitoba Gazette, and shall take effect on the expiration
of one month from the first publication of it in the Manitoba Gazette.
Sec. 71. (1) Subject to the regulations of the board every employer Wage reports,
shall, not later than three months before the day named by proclama
tion as mentioned in section 3, and yearly thereafter on or before such
date as shall be prescribed by the board, prepare and transmit to the
board a statement of the amount of the wages earned by all his em
ployees during the year then last past and an estimate of the amount
which will be expended for wages during the then current year, and
such additional information as the board may require, both verified
by the statutory declaration of the employer or the manager of the busi
ness, or where the employer is a corporation by an officer of the cor
poration having a personal knowledge of the matters to which the
declaration relates.
(2) At the time of filing the said statements and declaration every Insurance,
employer shall file with the board a policy of insurance in form satis
factory to the board, issued by a company or underwriter approved by
the board, providing for payment to the board of the compensation
which may become payable by the employer under this part during
the period covered by such statement and policy: Provided always,
That the board may with the approval of the lieutenant governor in
council permit an employer to carry his or their own insurance against
liability to pay compensation under this part, in which case such em
ployer shall not be required to file a policy as above provided.
(3) Where the business of the employer embraces more than one Separate statebranch of business or class of industry the board may require separate ments.
statements to be made as to each branch or class of industry, and such
statements shall be made, verified, and transmitted as provided by
subsection ( 1 ).
(4) If an employer does not comply with the provisions of subsec
tions (1), (2), or (3) he shall incur a penalty not exceeding two hundred
dollars a day for every day during which such noncompliance con
tinues, and if any statement made in pursuance of their provisions is
not a true and accurate statement of any of the matters required to be
set forth in it, the employer for every such untrue statement shall incur
a penalty not exceeding $500.
(5) Where an employer engages in any industry within the scope of Tem porary
this part and the board is of the opinion that the industry is to be car- business.
ried on only temporarily, it may permit the employer to file a policy or
to give security sufficient to provide for the liability of the employer
under this part for such limited period as the board may provide.
(6) The board shall have the power to fix or vary rates of premium to Premiumrates,
be charged by insurance companies or underwriters by order in writing
after notice to and hearing employers whose industries may be affected
by the rates under consideration, and insurance companies and under
writers filing policies with the board under this part.
(7) No insurance company or underwriters shall be entitled to charge Insurance costs,
or pay for acquisition expenses of procuring any policy filed under this
part, or making adjustments of claims or other services in respect of
such policy, more than such percentage of the premium paid in respect
of such policy as the board may from time to time fix and allow. No
such acquisition expenses shall be paid to any agent of the insurance

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company or underwriter unless such agent is resident and carries om
business in Manitoba.
Agents.
S ec. 71a. Every insurance company or underwriter filing policies
under this act shall appoint an a^ent or attorney resident in Manitoba,
whose name shall be registered with the board, who shall be the official
representative of the insurance company or underwriter, and to whom
all communications in connection with matters pertaining to the
administration of this act shall be addressed. Notice to such agent or
attorney shall be deemed in all cases to be notice to the insurance com
pany or underwriter.
New industries. Sec. 72. (1) Where an industry coming within this part is estab
lished or commenced after the date prescribed by the board pursuant
to section 71 of this part, it shall be the duty of the employer forthwith
to notify the board of the fact and to furnish to the board an estimate of
the probable amount of his pay roll for the remainder of the year, veri
fied by statutory declaration and to file a policy of insurance as provided
in said section unless the board permits such employer to insure liis own
workmen.
(2 ) For defaults in complying with the provisions of subsection (1)
the employer shall incur the like penalty as is provided with respect
to defaults by section 71.
Access to books. Sec. 73. (1) The board, and any officer or person authorized by it
for that purpose, shall have the right to examine the books and accounts
of the employer and to make such other inquiry as the board may deem
necessary for the purpose of ascertaining whether any statement
furnished to the board under the provisions of sections 71 and 72 is an
accurate statement of the matters which are required to be stated
therein or of ascertaining the amount of the pay roll of any employer
or of ascertaining whether any industry or person is under the operation
of this part, and for the purpose of any such examination and inquiry
the board and the person so appointed shall have all the powers which
may be conferred on a commissioner under “ An act respecting com
missioners to make inquiries concerning public matters/’ Revised
Statutes of Manitoba, 1913, c. 34, and amendments thereto.
(2 ) Any employer and every other person who obstructs or hinders
the making of the examination and inquiry mentioned in subsection
( 1), or refuses to permit it to be made, shall incur a penalty not exceed- i
ing $500.
‘
!
Administering (?,) The board and every officer or person authorized by it to make j
oaths, etc.
examination or inquiry under this section shall have power and authority to require and take affidavits, affirmations, or declarations as
to any matter of 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.
Inspection of Sec. 74. (1) The board and any officer or person authorized by it
p
for that purpose shall have the right at all reasonable hours to enter
into the establishment of any employer who is liable to pay compensa
tion under this part and the premises connected with it and every
part of them, for any purpose which the board may deem necessary.
(2)
Any employer and every other person who obstructs or hinders
the making: of any inspection under the authority of subsection ( 1),
or refuses to permit it to be made shall incur a penalty not exceed
ing $500.
Information Sec. 75 . (i) No officer of the board and no person authorized to
confidential.
make an inquiry under this part shall divulge or allow to be divulged, !
except in the performance of his duties or under the authority of the I
board any information obtained by him or which has come to his
knowledge in making or in connection with an inspection or inquiry
under this part.
i
(2)
Every person who contravenes any of the provisions of sub
section ( 1) shall incur a penalty not exceeding $500.
Recovery of Sec. 76. The penalties imposed by or under the authority of this
penalties.
part shall be recoverable under “ the Manitoba summary convictions
act,” and when collected shall be paid over to the board and shall form
part of the administration fund.
Administration
Sec. 77. (1) Each employer carrying his own insurance and each
’
insurance company or underwriter approved by the board and insuring

TEXT OF LAW S-----MANITOBA.

11m

against liability under this part shall pay to the board, when required
so to do by order of the board, on account of the expenses of administer
ing this part, a sum not to exceed seven and one-half per cent of the
premiums charged by such insurance company or underwriter or which
such employer would have been charged had he insured against his
liability to pay compensation, under this part and such payments
shall constitute a fund to be called the administration fund.
(2 ) Every such insurance company or underwriter shall furnish to
the board, whenever required so to do by the board, statements of all
sums charged for premiums in respect of policies filed with the board
as required by this act verified by statutory declaration.
(3) The board shall be the judge of what premiums would have been
charged employers carrying their own insurance and shall fix the
amount payable by such employers under subsection ( 1).
(4) An order of the board under subsection ( 1) shall, when filed as
provided in section 60, become a judgment of the court in favor of the
board and may be enforced as in said section 60 provided.
Sec. 7
8. (1) Every insurance company or underwriter issuing any Payment of
policy to be filed pursuant to section 71, and every employer carrying co
mPensati°ahis own insurance pursuant to said section shall, before the filing of
any such policy and before the board shall approve of any such insur
ance company or underwriter or permit any such employer to carry his
own insurance, pay to the board such sum in cash as the board may
determine, to be available immediately for payment on account of
the compensation for which such insurance company or underwriter
or employer carrying his own insurance shall become liable under this
part.
(2) The board shall, before paying compensation under this part,
except as hereinbefore provided, make an order fixing the amount of
such compensation and designating the person or persons to whom
such compensation is to be paid, and requiring the insurance compa
nies, underwriters, and employers liable to pay the same to pay the
amount so fixed to the board, and the same shall be payable accord
ingly: and any such order when filed as provided in section 60 shall
become a judgment of the court in favor of the board against such in
surance company, underwriter, or employer carrying his own insur
ance, and may be enforced as in said section 60 provided.
(3) Fending the receipt of the amount to be paid as provided in
subsection (2 ), the board may advance compensation out of the sum
paid as provided in subsection (1).
(4) When any such insurance company, underwriter, or employer
carrying his own insurance withdraws from the business and is no
longer liable under this part or under any order of the board, the sum
paid as provided in subsection ( 1) shall be repaid.
Sec. 79. In the case of a work or service performed by an employer Failure to file
in any of the industries for the time being included under this part P°hcy.
for which the employer would be entitled to a lien under “ the mechan
ics’ and wage earners’ lien act,” it shall be the duty of the owner as
defined by that act to see that a policy of insurance is filed by such
employer as required by section 71 or 72 of this part unless such em
ployer has been permitted to carry his own insurance, and if any such
o\\ner fails to do so he shall be personally liable to the penalties pro
vided by section 71.
S e c . 79a. (1) There shall be included among the debts which, unPreference
der “ the assignments act,” 4'the Manitoba trustee act,” and “ the ofbenefits*
companies winding-up act,” are, in the distribution of the property,
in the case of an assignment or death, or in the distribution of the assets
of a company being wound up, under the said acts, respectively, to
be paid in priority to all other debts, the amount of any compensation
the liability for which accrued before the date of the assignment or
death or before the date of the commencement of the winding up, and
the said acts shall have effect accordingly.
(2)
When the compensation is a periodical payment the liability in Measure of liarespect thereof shall, for the purposes of this section, be taken to be bllltYthe amount of the lump sum, to be determined by the board, for which
the periodical payments may be commuted.
^(3) Such priority in respect of any individual claim for compensa
tion shall not exceed $500.

1104

O R K M E N ’S

Reports of acciS e c . 80.
dents.
happening

C O M P E N S A T IO N

L A W S

O F

C A N A D A .

(1) Every employer shall, within three days after the
of an accident to a workman in his employment by which
the workman is disabled from earning full wages, notify the board by
registered post of the (a) happening of the accident and nature of it;
(b) date and time of its occurrence; (c) name and address of the
workman; (d) place where the accident happened; (e) name and ad
dress of the physician or surgeon, if any, by whom the workman was
or is attended for the injury. And*shall in every case file with or mail
to the board within two additional days the information as to an acci
dent, and the result thereof, required by the board, and he shall also
at any time, when requested so to do by the board, or any officer or
member thereof, furnish such further details and particulars respecting
any accident or claim to compensation as may be so required.
( 2) For every contravention of subsection ( 1 ) the employer shall
incur a penalty not exceeding $50.
Industrial dis- S e c . 80a. (1) Where a workman suffers from an industrial disease
eases.
and is thereby disabled from earning full wages at the work at which
he was employed, or his death is caused by an industrial disease, and
the disease is due to the nature of any employment in which he was
engaged at any time within twelve months previous to the date of his
disablement, 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 disablement were the
happening of the accident, subject to the modifications hereinafter
mentioned, unless at the time of entering into the employment he had
willfully and falsely represented himself in writing as not having
previously suffered from the disease.
( 2) The compensation shall be payable by the employer who last
employed the workman during such twelve months in the employment
to the nature of which the disease was due.
(3) The workman or his dependents, if so required, shall furnish the
employer mentioned in the next preceding subsection with such in
formation as to the names and addresses of all the other employers by
whom he was employed in the employment to the nature of which the
disease was due during such twelve months as such workman or his
dependents may possess, and if such information is not furnished or
is not sufficient to enable that employer to take the proceedings men
tioned in subsection 4 that employer upon proving that the disease
was not contracted while the workman was in his employment shall
not be liable to pay compensation.
(4) If that employer alleges that the disease was in fact contracted
while the workman was in the employment of some other employer he
may bring such employer before the board, and if the allegation is
proved that other employer shall be the employer by whom the com
pensation shall be paid.
(5) If the disease is of such a nature as to be contracted by a gradual
process any other employers who during such twelve months employed
the workman in the employment to the nature of which the disease was
due shall be liable to make to the employer by whom the compensation
is payable such contributions as the board may determine to be just.
(6 ) The amount of the compensation shall be fixed with reference to
the earnings of the workman under the employer by whom the com
pensation is payable and the notice provided for by section 18 shall be
given to the employer who last employed the workman during such
twelve months in the employment to the nature of which the disease
was due and the notice may be given notwithstanding that the work
man has voluntarily left the employment.
.
•
(7) If the workman at or immediately before the date of the disable
ment was employed in any process mentioned in the second column of
Schedule II and the disease contracted is the disease in the first column
of the said schedule set opposite to the description of the process the
disease shall be deemed to have been due to the nature of that employ
ment unless the contrary is proved.
(8 ) Nothing in this section shall affect the right of a workman to com
pensation in respect of a disease to which this section does not apply if
the disease is the result of an injury in respect of which he is entitled
to compensation under this part.

T E X T

O F

L A W S —

M A N IT O B A .

1105

(9)
Except where the board is satisfied that the disease if not due to
any other cause than his employment in Manitoba, no compensation
shall be payable under this section unless the workman has been a resi
dent of Manitoba for the three years next preceding his first disable
ment.
S e c . 81. (1 ) This part shall apply only to the industries mentioned
in Schedule I hereto and to such industries as shall be added to them
under the authority of this part and to employment in such industries.
(2 )
The following industries, when carried on by retail only, shell be
deemed not to be included in Schedule I and are excluded from the
operation of this part: Watch, clock, and jewelry making and repair
ing; boot and shoe making and repairing; harness making and repair
ing; the making and repairing of clothing; the manufacture of con
fectionery; the repair of typewriters, cash registers, adding machines,
gramophones, umbrellas, and bicycles; sausage making; upholstering
and furniture repairing; picture framing; the cleaning and pressing
of clothing.
S e c . 81a. No action for damages shall be brought in any court of law
Board not ha*
against the board, or any of its members, in respect of anything done
by it or them beyond their jurisdiction, or conferred by this act, if the
same was done in the bona fide belief that it was within their juris
diction.
S e c . 81b. No compensation shall be paid under this part to or for the
Alien enemies,
benefit of any dependent resident in any of the countries that were,
enemy countries during the present war, at the date of the death in
respect of which compensation would otherwise be payable under this
part. This provision [added 1919] shall be retroactive, and shall be
deemed to have been in force from the commencement of this act.
S e c . 81c. An employer of labor in an industry under part two of the
act may elect and on approval by the board may be brought within the
purview of part one of the act.
Part

II.

[This part (sec. 83 to 85) is an employers’ liability statute for industries, etc., not
covered by P a r t I.]

Sec. 8 6 . This act shall not apply to farm laborers or domestic or
menial servants or to their employers.
S e c . 8 8 . “ The workmen’s compensation act.” Revised Statutes of
Manitoba, 1913, chapter 209, is hereby repealed.
Sec. 89. Part I of this act shall come into force on proclamation of the
lieutenant governor in council, and Part II, namely, sections 82 to 88 ,
inclusive, shall come into force on the day to be appointed by the
lieutenant governor in council, under the provisions of section 3 of this
act.
S c h e d u l e I. — (S e c t io n 8 1 .)
in d u s t r ie s t h e e m p l o y e r s in

Exemptions,
Repealer.

Aetin effect,

w h ic h a r e l ia b l e t o p r o v id e

c o m p e n s a t io n

Class 1. Lumbering; logging, river-driving, rafting, booming, saw- Industries
mills, shingle mills, lath mills; manufacture of veneer, excelsior, staves, ere<i'
spokes, or headings; lumber yards (including the delivery of lumber)
carried on in connection with sawmills; the creosoting of timbers.
Class 2. Pulp and paper mills.
Class 3. Manufacture of furniture, interior woodwork, organs, piano
actions, pianos, canoes, small boats, coffins, wicker and rattan ware,
mattresses, bed springs, artificial limbs, cork articles, cork carpets or
linoleum, upholstering, picture framing, and cabinetwork.
Class 4. Planing mills, sash and door factories, manufacture of
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 (includ
ing the delivery of lumber) carried on in connection with planing mills
or sash and door factories; cooperage, not including the making of staves
or headings.
Class 5. Mining; reduction of ores and smelting; preparation of metals
or minerals; boring and drilling, including sinking of artesian wells
177982°— 21—Bull. 272------ 70

cov-

1106

’s

C O M P E N S A T IO N

L A W S

O F

C A N A D A .

(except when done by an employer coming under class 13); manufacture
of calcium carbide, carborundum, or alundum.
Class 6 . Sand, shale, clay, or gravel pits; marble works, stone cutting
or dressing; manufacture of brick, tile, terra cotta, fire-proofing, paving
blocks, sewer pipe, roof tile, plaster blocks, plaster board, slate, or arti
ficial stone.
Subclass A of class 6 . Quarries, stone crushing, lime kilns; manu
facture of cement.
Class 7. Manufacture of glass, glass products, glassware, porcelain
or pottery.
Class 8 . Iron, steel, or metal foundries; rolling mills; manufacture of
castings, forgings, heavy engines, locomotives, machinery, safes, an
chors, cables, rails, shafting, wires, tubing, pipes, shot, sheet metal,
boilers, furnaces, stoves, structural steel, iron or metal.
Class 10 . Manufacture of small castings or forgings, metal wares,
instruments, utensils and articles, hardware, nails, wire goods, screens,
bolts, metal beds, sanitary, water, gas, or electric fixtures, light ma
chines, typewriters, cash registers, adding machines, carriage mount
ings, bicycles, metal toys, tools, cutlery, instruments, sheet metal
products, buttons of metal, ivory, pearl, or horn, dry batteries, cameras,
sporting goods, firearms, windmills, ivory articles, rubber stamps, pads
or stencils, machine shops, not elsewhere included in Schedule I, the
industry of carrying on a blacksmith shop.
Class 11 . Manufacture of agricultural implements, threshing ma
chines, traction engines, wagons, carriages, sleighs, vehicles, auto
mobiles, motor trucks, toy wagons, sleighs or baby carriages; car shops.
Class 12 . Manufacture of gold or silverware, plate ware, watches,
watchcases, clocks, jewelry, or musical instruments.
Class 13. Manufacture of chemicals, corrosive acids, or salts ammonia,
gasoline, petroleum, petroleum products, celluloid, gas, charcoal, arti
ficial ice, including the handling and delivery thereof; wood alcohol,
celluloid articles; the manufacture, transmission, and distribution of
natural or artificial gas and operations connected therewith; the cutting,
storing, handling, and delivery of natural ice.
Subclass A of class 13. The manufacture of fireworks, gunpowder,
ammunition, nitroglycerine, dynamite, guncotton, or other high
explosives.
Class 14. Manufacture of paint, color, varnish, oil, japans, turpen
tine, printing ink, printers’ rollers, tar, tarred, pitched or asphalted
paper.
Class 15. Distilleries, breweries; manufacture of spirituous or malt
liquors, malt, alcohol, wine, vinegar, cider, mineral water, soda waters,
or methylated spirits.
Class 16. Manufacture of nonhazardous chemicals, drugs, medicines,
dyes, extracts, pharmaceutical or toilet preparations, soaps, candles,
perfumes, noncorrosive acids or chemical preparations: shoe blacking
or polish, yeasty baking powder, or mucilage.
Class 17. Milling; manufacture of cereals or cattle foods, warehousing
or handling of grain or operation of grain elevators.
Class 18. Manufacture or preparation and distribution of meats or
meat products or glue.
Subclass A of class 18. Packing houses, abattoirs, manufacture of
fertilizers and all work incidental thereto (not incidental to any other
industry), and the operation of stock yards, with railway entry.
Class 19. Tanneries.
Class 20. Manufacture of 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.
Class 22. Sugar refineries; manufacture of dairy products, butter,
cheese, condensed milk or cream, biscuits, confectionery, spices, condi
ments, salt or any kind of starch; bakeries.
Subclass A of class 22 . Canning or preparation of fruit, vegetables,
fish or foodstuffs; pickle factories.
Class 24. Manufacture of tobacco, cigars, cigarettes, or tobacco
products.
Class 26. Flax mills, manufacture of textiles or fabrics, spinning,
weaving, and knitting manufactories; manufacture of yarn, thread, ;

TEXT OF LAW S---- MANITOBA.

hosiery, cloth, blankets, carpets, canvas, bags, shoddy, felt, cordage,
ropes, fiber, brooms or brushes; asbestos goods, hair cloth and other hair
goods; work in manila or hemp; tents, awnings, and articles not other
wise specified made from fabrics or cordage; the erection of awnings by
the manufacturer.
Class 27. Manufacture of men’s or women’s clothing, whitewear,
shirts, collars, corsets, hats, caps, furs, robes, feathers, or artificial
flowers.
Claims 28. Power laundries, dyeing, cleaning^ or bleaching. ^
Class 29. Printing, photo-engraving, engraving, lithographing, book
binding, embossing, manufacture of stationery, paper, cardboard
boxes, bags, wall paper, or papier-mache.
Class 30. Heavy teaming or cartage; safe moving or moving of boilers
heavy machinery, building stone and the like; warehousing, storage
teaming, and cartage^ including the hauling for hire by means of any
vehicle, howsoever drawn or propelled, of any commodity or material,
scavenging, street cleaning or removal of snow or ice.
Class 31. The operation of coaling plants and stations.
Class 32. Steel building and bridge construction; installation of
elevators, fire escapes, boilers, engines, or heavy machinery; bridge
building, not included elsewhere in Schedule I, erection of windmills.
Class 33. Bricklaying, mason work, stone setting, concrete work,
plastering; manufacture of concrete blocks; structural carpentry,
lathing, the installation of pipe organs; house wrecking or house
moving.
Class 35. Painting, decorating, or renovating; sheet-metal work and
roofing.
Class 36. Plumbing, sanitary or heating engineering, gas and steam
fitting; operation of theater stage or moving pictures; operation of pas
senger or freight elevators, where workmen are specially employed
therefor and which are not operated in connection with an industry
included in another class, including the operation of elevators used in
connection with an industry to which this schedule does not apply or
in connection with a warehouse or shop or an office or other building
or premises.
Class 37. Sewer construction, tunnelling, shaft sinking, and well dig
ging, the maintenance and operation of a waterworks system; excava
tion work for cellars, foundations, and canals; trenching less than six
feet deep, for gas pipes, water pipes or wire conduits; and all excava
tion work where the depth is more than six feet and the width is less
than half the depth.
Class 38. Construction, installation, or operation of electric power
lines or appliances and power transmission lines, electric wiring of
buildings and installation of lighting fixtures; construction or operation
of an electric light system; construction or operation of an electric
light works not included elsewhere in Schedule I; construction or
operation of telegraph or telephone lines; construction or operation of
telephone lines and works for the purposes of the business of a telephone
company or used or to be used in connection with its business when
constructed or operated by the company, except where such telephone
lines or works are within the legislative authority of the Parliament
of Canada.
Class 41 Construction or operation of railways, road making or repair
of roads with machinery; making and repairing of roads of all kinds
not included elsewhere m Schedule I, manufacture of asphalt material
and paving material. This class shall not include the making and
repairing of roads in rural municipalities unless the work is done
through a contractor.
Class 43. Shipbuilding, dredging, subaqueous construction or pile
driving, fishing, stevedoring, operation of and#work upon wharves,
operation of dry docks, not included elsewhere in Schedule I.
Class 44. If not included elsewhere any trade or business connected
with the industries of—
Lumbering, mining, quarrying, fishing, manufacturing, building
construction, engineering, transportation, operation of electric power
lines, waterworks, and other public utilities, navigation, operation of
boats, ships, tugs, and dredges, operation of grain elevators and ware-

1107

A V O R K M E N ’s

C O M P E N S A T IO N

L A W S

O F

C A N A D A .

houses, teaming, scavenging, and street cleaning, painting, decorating,
and renovating, dyeing and cleaning, or any occupation incidental
thereto or immediately connected therewith.
Class 45. The trade or business as defined by subsection ( 2 ) of section
2 of a municipal corporation, a public utilities commission, any other
commission having the management and conduct of any work or service
owned by or operated for a municipal corporation, a board of trustees,
of a police village, and a school board.
Class 46. The construction or operation of railways operated by steam,
electric, or other motive power; street railways and incline railways,
but not their construction when constructed by any person other than
the company which owns or operates the railway.
Class 47. The construction or operation of car shops, machine shops,
steam and power plants, and^ other works for the purposes of any such
railway or used or to be used in connection with it when constructed or
operated by the company^ which owns or operates the railway.
Class 48. The construction or operation of telephone lines and works
within the legislative authority of the Parliament of Canada, for the
purposes of the business of a telephone company or used or to be used
in connection with its business when constructed or operated by the
company.
Class 49. The construction or operation of telegraph lines and works
for the purposes of the business of a telegraph company or used or to be
used in connection with its business when constructed or operated by
the company.
Class 50. The construction or operation of steam vessels and works
for the purpose of the business of a navigation company or used or to
be used in conjunction with its business when constructed or operated
by the company, and all other navigation, towing, operation of vessels,
and marine wrecking.
Class 51. The operation of the business of an express company which
operates on or in connection with a railway, or of sleeping, parlor, or
dining cars, whether operated by the railway company or by an ex
press, sleeping, parlor, or dining car company.
Class 52. The operation otherwise than on tracks, on streets, high
ways, or elsewhere of cars, trucks, wagons, or other vehicles, and rollers
and engines propelled by steam, gas, gasoline, electric, mechanical, or
other power or drawn by horses or mules.
S c h e d u le
Description of disease.

II.— (S e ctio n 80a .)
Description of process.

n a1Anthrax............................. Handling of wool, hair, bristles, hides, and
skins.
Lead poisoning or its se Any process involving the use of lead or its
quelae.
preparations or compounds.
Mercury poisoning or its Any process involving the use of mercury or
sequelae.
its preparations or compounds.
Phosphorus poisoning or Any process involving the use of phospho
its sequelae.
rus or its preparations or compounds.
Arsenic poisoning or its Any process involving the use of arsenic or
sequelae.
its preparations or compounds.
Ankylostomiasis............... Mining.
Assented to March 10, 1916.

NEW BRUNSWICK.
ACTS OF 1918.
(8 George V .)

Chapter 37.— Compensation o f workmen for injuries P
Section 1 . This act may be cited as the workmen’s compensation Title.
act, 1918.
Definitions.
Sec. 2. In this part, unless inconsistent with the context—
(а) “ Accident fund ” shall mean the fund provided for the payment
of compensation under Part I of this act.
( б) “ Association” shall mean any association or body of employers
whose constitution shall have been approved by the board as entitling
such association to represent any of the classes provided for in this act or
any subdivision or group of employers in such class.
(c) “ Average earnings” and “ earning capacity,” when used in
reference to the time of or before the injury, shall be calculated upon
the daily, weekly, monthly, or other regular remuneration which the
workman was receiving at the time of the injury or had received pre
viously, as may appear to the board best to represent the actual loss of
earnings suffered by the workman by reason of the injury.
(d) “ Board” shall mean workmen’s compensation board.
(e) “ Construction” shall include reconstruction, repair, alteration,
renovating, painting, and decorating.
(/) “ Dependents” shall mean such of the members of the family
of a workman as were wholly or partly dependent upon his earnings at
the time of his death, or who but for the incapacity due to the accident
would have been so dependent.
(g) “ Employer” shall mean any person, firm, association or body
having in service any workman in any industry within the scope of this
part, and shall in respect of any such industry include municipal cor
porations and may include the Crown as represented by the Province of
New Brunswick and the Dominion of Canada in so far as they or either
of them may, in their capacity as employers, submit to the operation of
this act.
(h) “ Industrial disease” shall mean any disease which by the regu
lations is declared to be an industrial disease.
(i) “ Industry” shall mean and refer to the whole or any part of any
industry, operation, undertaking, or employment within the scope of
this part; and in the case of any industry, operation, undertaking, or
employment not as a whole within the scope of this part, shall mean any
department or part of such industry, operation, undertaking or employ
ment as would, if carried on by itself, be within the scope of this part.
(j) “ Invalid” shall mean physically or mentally incapable of
earning.
(k) “ Manufacturing” shall include making, preparing, altering,
repairing, renovating, dyeing, cleaning, ornamenting, printing, fin
ishing, assembling, packing, and adapting for use or sale any raw
material, goods, article, or commodity.
(I)
“ Member of the family” shall mean and include wife, husband,
father, mother, grandfather, grandmother, stepfather, stepmother, son,
daughter, grandson, granddaughter, stepson, stepdaughter, brother,
sister, half brother, and half sister, ajid a person who stood in loco
parentis to the workman or to whom the workman stood in loco parentis
whether related to him by consanguinity or not so related, and where
the workman is the parent or grandparent of an illegitimate child, shall
Include such child, and where the workman is an illegitimate child,
shall include his parents and grandparents.
(m) “ Mining” shall include mine rescue work;
(n) “ Navigation” shall mean the operation of any ship, boat, tug,
dredge, or other vessel owned in New Brunswick, while such vessel is
within the limits of the said Province.

13 As amended, 1919.

1109

1110

WORKMEN’S COMPENSATION LAWS OF CANADA.
(o)
“ Outworker” shall mean a person to whom articles or materials
are given out to be made up, cleaned, washed, altered, ornamented, fin
ished, repaired, or adapted for use or sale, in his own home or in other
premises not under the control or management of the person who gave
out the articles or materials.
(p) “ Person” shall include any person, whether male or female, or
any corporation, and the heirs, executors, administrators, or legal
representatives of such person, or the successors of such corporation.
(q) “ Quarrying” shall include excavation for any purpose, drilling,
and the removal or transportation of any rock, shale, gravel, sand, earth,
or other material.
(r) “ Regulations” shall mean regulations made by the board under
the authority of this part.
(s) “ Stevedoring” shall mean the loading or unloading of vessels
and railway cars and the handling of goods, articles, and commodities
on or about any dock, wharf, or quay.
(t) “ Teaming” shall include all kinds of work done by workmen
with teams, carts (including handcarts), drays, trucks, cabs, carriages,
automobiles, and other vehicles.
(u)
“ Workman ” shall include a person who has entered into or works
under a contract of service or apprenticeship, written or oral, express or
implied, and whether by way of manual labor or otherwise, in any in
dustry within the scope of this part.
P a r t I.

3. This part shall apply to employers and workmen in or
about the industries of lumbering, mining, quarrying, manufacturing,
building, construction, engineering; operation 01 any railway, tram
way, telegraph, telephone, cable or electric light or power line or
system; operation of any waterworks, gasworks or sewerage plant or
system or other public utility; operation of any refrigeration, storage or
terminal warehouse, elevator or plant; operation of any passenger or
freight elevator; operation of any theater or place of public amusement;
scavenging and street cleaning; horseshoeing; operation of any lumber
yard, or fuel yard; stevedoring; or navigation; and any employment
incidental thereto or immediately connected therewith: Provided,
That, subject to sections 4 and 5 this part shall not apply to the follow
ing:
Exemptions.
(a) Persons engaged as traveling salesmen or in office or other clerical
work, and not exposed to the hazards incident to the nature of the
work carried on in the industry.
(b) Persons whose employment is of a casual nature, and who are
employed otherwise than for the purposes of the industry.
(c) Outworkers.
(d) Persons employed by a city, town, or municipal corporation as
members of a police force or fire department.
(e) Members of the family of the employer residing with the em
ployer.
(/) Persons employed as farm laborers or domestic or menial servants,
(gf) Persons employed in the woods in logging, cutting of timber,
pulpwood, firewood, railroad ties or sleepers, or river driving, rafting,
booming or the transportation of logs, timber, pulpwood, firewood,
railroad ties or sleepers. [Included by order in council.]
Extension of s Ee. 4 . Where it shall appear to the board that any kind of industry
scope.
not within the scope of this part may properly be brought within the
scope of this part, the board may so report to the lieutenant governor
in council, who may thereupon, by order in council, declare such
industry to be within the scope of this part, and from and after the
date of such order in council, or such date as may be named therein,
such industry shall be deemed to be within the scope of this part.
Employers and S ec . 5. (1) Any industry or workman not within the scope of this
applymen may Par^ by virtue of section 3 may, on the application of the employer*
be admitted by the board as being within the scope of this part on
such terms and conditions, and for such period, and from time to time,
as the board may prescribe, and from and after such admission, and
during the period of such admission, such industry or workman shall
be deemed to be within the scope of this part.
Application.

S e c t io n

TEXT OF LAWS----NEW BRUNSWICK.

1111

( 2 ) Any employer in any industry within the scope of this part
may be admitted, on such terms and conditions, and for such period,
and from time to time, as the board may prescribe, as being entitled,
for himself or his dependents, as the case may be, to the same com
pensation as if such employer were a workman within the scope of
this part.
(3) Such admission m'ay be made in such manner and form as the
board may deem adequate and proper.
Sec. 6 . The board may by regulation exclude from the scope of Exclusion by
this part any industry or industries in which not more than a stated
number (fixed by such regulation) of workmen are usually employed,
and the board may from time to time revoke, alter, or modify any such
regulation: Provided, That any industry so excluded may be read
mitted by the board as being within the"scope of this part.
Sec. 7. Where personal injury or death is caused to a workman by Compensation
accident arising out of and in the course of his employment in any pajr 0'
industry within the scope of this part, compensation shall be paid to
such workman or his dependents, as the case may be, as hereinafter
provided unless such injury w7as, in the opinion of the board, inten
tionally caused by such workman, or was wholly or principally due to
intoxication or serious and willful misconduct on the part of tlie work
man, or to a fortuitous event unconnected with the industry in which
the workman wras employed.
Sec. 8 . Where it appears that by the laws of any other Province, Comity.
State, or country, a workman or his dependents, if resident in New'
Brunswick, would be entitled in respect of death or injury in such
Province, country, or jurisdiction to compensation corresponding or
similar to that provided in this part, and an order in council to that
effect is passed by the lieutenant governor in council, the board may
order that payments of compensation under this part may be made to
persons resident in such Province, country, or jurisdiction in respect
of any workman killed or injured in New Brunswick; but save as in
this section provided nothing in this part shall entitle any person not
resident in New Brunswick to compensation payments: Provided, That
the board may upon application grant leave from time to time to any
workman or dependent resident in Newr Brunswick at the time of the
accident to reside out of New Brunswick without thereby forfeiting
the right to compensation payments under this part.
Sec. 9. Where an accident occurs to a workman in the course of his Supplemental
employment in such circumstances as to entitle him or his dependents benefits,
to any claim or right of action against his employer under, or in virtue
of, any statute of the Parliament of Canada, or of the LTnited Kingdom
of Great Britain and Ireland, such workman or dependents shall be
entitled to compensation under this part to the extent to which the
compensation under this part would exceed in amount or value the
amount or value of such claim or right of action: Provided, That if
such workman or dependents shall execute and give a full and effec
tual release of the employer from any such claim or right of action the
board may pay to such workman or dependents the full amount of the
compensation provided by this part.
S ec . 10. (1) Where an accident occurs to a workman in the course Third parties,
of his employment in such circumstances as to 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 ) If such workman or his dependents bring such action, and less
is recovered and collected than the amount of the compensation to
which such workman or dependents would be entitled under this part,
such workman of dependents shall be entitled to compensation under
this part to the extent of the amount or amounts of such difference.
(3) If such workmen or dependents, or any of them, have claimed
compensation under this part, the board shall be subrogated to the
position of such workman or dependent as against such other person
for the whole of any outstanding part of the claim of such workman or
dependent against such other person.
Sec. 11. Nothing in section 10 shall give any right to an employer Who to be re*
or to a workman within the scope of this part to bring an action against spoQ *e*

1112

W O RK M EN S COMPENSATION LAW S OF CANADA.

any employer within the scope of this part; but in any case where it
appears to the satisfaction of the board that a workman of an employer
in any class was injured or killed owing to the negligence of an em
ployer or the workman of an employer in another class, the board may
direct that the compensation awarded in any such case shall be charged
against the class to which such last-mentioned employer belongs.
Effect of recov
S e c . 12 . Except as provided by section 61 the provisions of this part
ery.
shall be in lieu of all claims and rights of action, statutory or otherwise,
to which a workman or his dependents are or may be entitled against
the employer of such workman for or by reason of any accident in
respect of which compensation is payable under this part.
Waivers.
S e c . 13. It shall not be competent for a workman to agree with his
employer to waive or forego any of the benefits to which he or his de
pendents are or may become entitled under this part, and every
agreement to that end shall be absolutely void.
Deductions
Sec. 14. It shall not be lawful for an employer, either directly or
from wages.
indirectly, to deduct from the wages of any of the workmen any part
of any sum which the employer is or may become liable to pay into
the accident fund or otherwise under this part, or to require or to
permit any of his workmen to contribute in any manner toward in
demnifying the employer against any liability which he has incurred
or may incur under this part.
Assignm en ts,
S e c . 15. Unless with the approval of the board, no sum payable as
etc.
compensation or by way of commutation of any periodical payment in
respect of it shall t>e capable of being assigned, charged, or attached,
nor shall it pass by operation of law except to a personal representative.
Claim in one
Sec. 16. No compensation shall be payable under this part in re
year.
spect of any injury unless application for such compensation is made
within one year after the occurrence of the injury.
Board created.
S e c . 17. There is hereby constituted a commission for the adminis
tration of this part, to be called the “ workmen’s compensation board,”
which shall be a body corporate, and shall have a seal which shall be
judicially noticed.
Members.
S e c . 18. ( 1 ) The board shall consist of three members, to be appoint
ed by the lieutenant governor in council.
Term.
(2 ) Each commissioner shall hold office during good behavior, but
may be removed at any time for cause.
(3) Unless otherwise directed by the lieutenant governor in council,
a commissioner shall cease to hold office when he attains the age of
seventy-five years.
M embers pro
S e c . 19. In case of the death, illness, or absence from New Bruns
tempore.
wick of any commissioner, or of his inability to act from any cause, the
lieutenant governor in council may appoint some other person to act
pro tempore in his stead.
Organization.
S e c . 20. (1) One of the commissioners shall be appointed by the
lieutenant governor in council to be chairman of the board, and another
of the commissioners shall be appointed by the lieutenant governor
in council to be vice chairman of the board.
(2 ) In case of the absence of the chairman or of his inability to act or
of a vacancy in the office, the vice chairman may act as and shall have
all the powers of the chairman.
(3)
Where the vice chairman appears to have acted for or instead
of the chairman, it shall be presumed that he so acted for one of the
reasons mentioned in the preceding subsection.
Quorum.
S e c . 21. The presence of two commissioners shall be necessary to
constitute a quorum of the board.
Same.
Sec. 22. A vacancy in the board shall not, if there remain two mem
bers of it, impair the authority of such two members to-act.
Offices.
S e c . 23. The offices of the board shall be situated at the city of St.
John or at such other place as the lieutenant governor in council shall
designate, and its sittings shall be held there, except where it is expe
dient to hold sittings elsewhere, in which case sittings may be held in
any part of New Brunswick.
Sessions.
S ec . 24. The commissioners shall sit at such times and conduct
their proceedings in such manner as they may deem most convenient
for the proper discharge and dispatch of business: Provided, That in
respect of any matter coming before the board for decision, any em-

TEXT OF LAW S---- N E W B R U N SW IC K .

1113

ployer, association, workman, or dependent interested in such decision
shall be entitled upon application to a public hearing before such
decision is made by the board.
Sec. 25. The board shall appoint a secretary and a chief medical Officers,
officer, and may appoint such auditors, actuaries, accountants, inspec
tors, officers, clerks, and servants as the board may deem necessary for
carrying out the provisions of this part, and may prescribe their duties,
and every person so appointed shall hold office during the pleasure of
41
the board.
Sec. 26. It shall be the duty of the secretary to cause proper leports Records,
or minutes to be made of all meetings or sittings of the board; to cause
all decisions and findings of the board to be duly recorded; and to cause
all claims and communications to be brought before the board or its
proper officers; and to prepare and make such reports and communi
cations as are required by law or may be required from time to time by
the board.
Sec. 27. The salaries of the commissioners, and of the secretary, Salaries,
chief medical officer, auditors, medical inspectors, officers, clerks, and
servants, together with the necessary expenses of administration of
this part, shall be paid out of the revenue of this Province: Provided,
That the lieutenant governor in council may in any year order the
payment of any portion of such salaries or expenses out of the accident
fund.
Sec. 28. (1) The accounts of the board shall be audited by a char- Audits,
tered accountant to be appointed by the lieutenant governor in council
for that purpose.
(2 )
Any association may appoint an auditor to act in conjunction
with such chartered accountant or to make an independent audit of
the funds of any class or subclass represented by such association.
Sec. 29. (1) The board shall on or before the 1st day of April in each Reports,
year make a report to the provincial secretary of its transactions during
the last preceding calendar year, and such report shall contain a state
ment of the receipt and disposition of funds for the said year in each of
the classes and subclasses established in sections 45 and 52, together
with such other particulars as the lieutenant governor in council may
prescribe.
(2 )
Any association applying therefor shall be entitled to receive
from the board, on or before the first day of April in each year, a de
tailed statement of the receipts and disbursements during the preced
ing calendar year on account of each employer in the class or subclass
represented by such association.
Sec. 30. (1) The board shall have jurisdiction to inquire into, hear, Jurisdiction of
and determine all matters and questions of fact and law necessary to be
*
determined in connection with compensation payments under this
part and the administration thereof, and the collection and management
of the funds therefor: Provided, That no decision or ruling of the board
shall be binding upon it as a precedent for any other decision or ruling,
the intent of this proviso being that each case shall be decided upon its
own merits.
Sec. 31. The board shall have the like powers as the supreme court Powers,
for compelling the attendance of witnesses and of examining them under
oath, and compelling the production of books, papers, documents, and
things.
Sec. 32. (1) The board may act upon the report of any of its officers, Acts of officers,
and any inquiry which it shall be deemed necessary to make may be
made by any one of the commissioners or by an officer of the board or
any other person appointed to make the inquiry, and the board may
act upon his report as to the result of the inquiry, and any person so
appointed to make the inquiry shall for the purposes of the inquiry
have all the powers conferred upon the board by section 31.
Sec. 33. (1 ) Except as provided in sections 35 and 66 the decisions Decisions,
and findings of the board upon all questions of law and fact shall be
final and conclusive and in particular, but not so as to restrict the gen
erality of the powers of the board hereunder, the following ehall be
deemed to be questions of fact:
(a)
The question whether an inquiry has arisen out of or in the
course of an employment within the scope of this act.

1114

W O R K M E N ’ s COMPENSATION LAW S OF CANADA.

h
Certificates.

Appeals.

Compensation

for—

(b) The existence of and degree of disability by reason of any injury.
(c) The permanence of disability by reason of any injury.
(d) The amount of average earnings.
(e) The degree of diminution of earning capacity by reason of any
injury.
\f) The existence of the relationship of member of the family.
(g)
The existence of dependency.
(h) The character, for the purpose of this act, of any industry, and
the class to which such industry should be assigned.
Sec^ 34. The board may in any case where it is deemed necessary,
and snail on the application of any employer, association, or workman
interested in any order, ruling, or decision of the board, issue a certifi
cate under the seal of the board, embodying the substance of any such
order, ruling, or decision.
S ec. 35. (1) An appeal shall lie to the supreme court, appeal divi
sion, from any final decision of the board upon any question as to its
jurisdiction or upon any question of law, but such appeal shall be taken
only by permission of a judge of the supreme court, given upon a peti
tion presented to him within fifteen days after the rendering of the
decision and upon such terms as said judge may determine. Notice of
such petition shall be given to the board at least two clear days before
the presentation of such petition.
(2 ) Where an appeal has been granted, the appeal shall be brought
by notice served on the chairman or vice chairman of the board, within
ten days after the permission to appeal has been granted. The notice
shall contain the names of the parties and the date of the order appealed
from and such other particulars as the judge granting the appeal may
require.
(3) The board may of its own motion state a case in writing for the
opinion of the supreme court, appeal division, upon any question which
in the opinion of the board is a question of law.
(4) On the hearing of such appeal or stated case any association repre
senting a class interested in the result of the case shall be entitled to
appear and be heard.
(5) The supreme court, appeal division, shall hear and determine the
question or questions of law arising thereon and remit the matter to the
board with the decision of the court thereon, and such decision shall
be binding upon the board.
( 6) No costs shall be awarded in any appeal or case stated under this
section.
S e c . 3 6 . (1) The com p en sation p a y a b le u n der th is p art to an in ju re d
w orkm an or to the d e p e n d e n ts of a d eceased w ork m an s h a ll b e as
follo w s:

Temporary par(a) In case of temporary partial disability continuing for more than
disability;
geven days after the accident and diminishing the earning capacity of

the workman by more than ten per cent, a payment or payments, at a
rate equal to 55 per cent of such diminution of earning capacity, calcu
lated on a basis not exceeding $125 per month.
To t al dis(b) In case of total disability, continuing-for more than seven days
ability;
after the accident, a payment or payments, equal to 55 per cent of the
average earnings of the workman, but not less than 55 per cent of $6
per week or more than $125 per month, such payments to be continued
during the life of the workman or the duration of such disability.
Permanent par(c) In case of permanent partial disability, payments on a scale to be
ia sa i i y,
established by the board and proportioned upon the diminution of
earning capacity and the degree of disfigurement, but not exceeding
in any case $1,500.
r>eath*
(d) In case of death of the workman as a result of the injury, in addi
tion to any payments under (a) or (b)—
(I) Necessary and proper expenses of burial, not exceeding $75.
(II) Where the sole dependent is a widow or invalid widower, pay
ments during the life of such widow or widower at the rate of $20 per
month.
(III) Where the dependents are a widow or invalid widower and one
or more children under the age of sixteen years, payments at the rate
of $20 per month, with an addition of $5 per month for each of such
children.

T E X T

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1115

(IV)
Where the dependents are persons other than those mentioned
in the foregoing clauses, payments at a rate reasonable and proportionate
to the pecuniary loss to such dependents, on a scale to be determined
by the board, having in view the scale of payments laid down in clauses
(II) and (III).
(2) In the case provided in item (IV) of clause (d) of subsection
( 1), the payments shall continue only so long as in the opinion of 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 compen
sation may be allotted partly to the total and partly to the partial
dependents.
(4) Exclusive of the expenses of burial, the compensation p a y a b le
as provided by subsection (1 ) shall not in any case exceed 55 p er
cent of the average earnings of the workman, and if the c o m p e n sa tio n
payable under that subsection would in any case exceed that per
centage it shall be reduced accordingly, and where several p ersons are
entitled to monthly payments shall be reduced proportionately.
(5) If a dependent widow marries, the monthly payments to her Remarriage of
shall cease; but she shall be entitled in lieu of them to a sum equal to widow.
the payments for two years: Provided, This subsection shall not
apply to payments to a widow in respect of a child.
( 6) Payments in respect of a child shall cease when the child C hildren
attains the age of sixteen years or dies.
(7) The total aggregate amount of compensation paid u n d er th is Maximum.
section shall not in the case of any workman or his d e p e n d e n ts ex
ceed in the aggregate the sum of $3,500.
Other benefits.
S e c . 3 7 . (1 ) In fixing the amount of any payment, regard sh a ll b e
had to any payment, allowance, or benefit which th e w orkm an m a y
receive from his employer during the period of his disability, includ
ing any pension gratuity or other allowance provided at the e x p e n se
of the employer.
( 2 ) Where the compensation is payable, any su m d e d u c te d from
the compensation under subsection. ( 1) may be paid to the e m p lo y e r
out of the accident fund.
Forms o? pay
S e c . 38. The board m a y in its discretion—
(a) Commute the whole or any part of the payments due or payable ment.
to any workman or dependent for a lump sum; or
(b) Substitute for such payments any other scheme of periodical
payments; or
(c) Substitute for any lump sum or sums any scheme of periodical
payments, as may be deemed most expedient in the interest of such
workman or dependent.
( 2) Where in any case, in the opinion of the board, it will conserve Special s'lr^ical,
the accident fund to provide a special surgical operation or other etc,, treatment.
special medical treatment for a workman, the expense of such opera
tion or treatment may be paid out of the accident fund.
Advance o (
S e c . 3 9 . The board may in its discretion, by regulation, provide
for the payment of the cost of first aid to workmen in case of injury, costs,
and should such workman require hospital care, to pay cost of su c h
care; but no such regulation shall come into force until three months
after proclamation thereof by the lieutenant governor in c o u n c il.
Claim to be
S e c . 40. (1) When any workman or dependent is entitled to c o m
pensation under this part he shall file with the board an application for filed.
such compensation, together with the certificate of^ the attending
physician, if any, and such further or other proofs of his claim as may
be required by the board.
(2 ) It shall be the duty of every physician or surgeon attending, or Physicians’ re*
consulted upon, any case of injury to any workman to furnish or cause poj-ts.
to be furnished from time to time, such reports, and in such form, as
may be required by the board, in respect of such injury and the result
ing condition of the workman.
(3) It shall also be the duty of every physician in attendance upon
any injured workman to give all reasonable and necessary information,
advice, and assistance to enable such workman or his dependents, as
the case may be, to make application for compensation, and to furnish
such proofs as may be required by the board.

1116

o r k m

e n ’s

C O M P E N S A T IO N

L A W S

O F

C A N A D A .

Reports of caci- (4 ) it shall be the duty of every employer, within three days after
3*
the happening of an accident to a workman in his employment by
which the workman is disabled from earning full wages, to notify the
board in writing of the (a) happening of the accident and nature of it;
(b) time of its occurrence; (c) name and address of the workman; (d)
place where the accident happened; (e) name and address of the phy
sician or surgeon, if any, by whom the workman was or is attended for
the injury; (/) any other particulars required by regulation of the board.
(5)
It shall be the duty of the employer to make such further and
other reports respecting such accident and workman as may be required
by the board.
Employees’ re( 6) It shall also be the duty of every employee within fourteen days
P°rts*
after any accident entitling him to compensation, or so soon thereafter
as his claim to compensation shall have accrued, to make due appli
cation under subsection (1) or to notify the board of such accident.
Form of payS e c . 41. Payments of compensation shall be made in such manner
ments.
and in such form as may appear to the board to be most convenient;
and in the case of minors or persons of unsound mind, payments may
be made to such persons as, in the opinion of the board, are best quali
fied in all the circumstances to administer such payments, whether 01*
not the person to whom the payment is made is the legal guardian of
such minor or person of unsound mind.
Review.
S ec . 42. The board may reopen, rehear, redetermine, review, or re
adjust any claim, decision, or adjustment, either becau&e an injury has
proven more serious than it was deemed to be, or because a change has
occurred in the condition of a workman or in the number, circum
stances, or condition of dependents or otherwise.
Reports of de- Sec. 43. The board may require such proof from time to time of the
pendents.
existence and condition of any dependents in receipt of compensation
payments as may be deemed by the board necessary, and may from
time to time require any workman applying for or receiving com
pensation payments to submit to medical examination by the board or
its duly appointed officers, and in default of such requirement being
complied with, may withhold such compensation payments.
Accident fund. Sec. 44. Subject to section 61, the compensation provided for in this
part shall be paid out of a fund to be called “ the accident fund.”
Classes of inSec . 45. For the purpose of creating and maintaining the accident
dustnes.
fund, all industries within the scope of this part shall be divided by
the board into classes in the discretion of the board.
( 2)
The board may by regulation rearrange such classes or withdraw
from any class any industry or group of industries included therein,
and transfer such industry or group of industries to any other class, or
form it into a separate class.
Board to assign.
Sec . 46. The board shall assign every industry within the scope of
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 of its principal or chief department, or
may, for the purpose of this part, divide such industry into two or more
departments, assigning each of such departments to its proper class.
Assessments.
S e c . 47. The board shall on or before the first day of January of each
year make an estimate of the assessments necessary to provide funds
in each of the classes sufficient to meet all claims for compensation
payable during the succeeding year.
Payrolls.
S e c . 48. (1) Every employer shall, on or before a date to be fixed by
the lieutenant governor in council, and thereafter on or before the first
day of January in each year, or whenever he shall have become an
employer within the meaning of this part, or whenever required from
time to time by the board so to do, cause to be furnished to the board
an estimate or estimates of the probable amount of the pay roll of each
of his industries within the scope of this part, together with such further
and other information as may be required by the board for the purpose
of assigning such industry to the proper class or classes, and of making
the assessments hereunder: Provided, That the board may also require
any employer not within the scope of this part to furnish from time to
time such information as may enable the board to determine whether
such employer is or is not within the scope of this part.

T E X T

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1117

( 2 ) Every employer willfully neglecting or refusing to furnish such
estimates or information shall be liable to a penalty of $20 per day for
each day of such default.
(3) Every assessor appointed under chapter 21 of the acts of 1913, or Assessors’ • re- •
any other act respecting assessments for taxation, shall yearly, within p0 ,
ten days after the completion of the assessment roll, make a return to
the board upon forms provided by the board, for the purpose of showing
the names, addresses, nature of business, and usual number of em
ployees, if known, of all employers of labor carrying on any industry or
business, other than farming or mercantile business, within the district
of such assessor, together with such other information as the board may
require.
(4) Within three days after the granting of any building permit in Building perany city, town, or parish, notice thereof, together with such particulars mi s*
as the board may require, shall be given to the board by the person
whose duty it is to keep a record of such permits.
(5) Every steam engineer employed in connection with the operation Portable sawof any portable sawmill shall, before such operation is begun in any millsparticular locality or place, or within thjree days after such operation
is begun, report to the board that such operation will be or has begun;
and shall likewise from time to time report to the board upon the ces
sation of such operation, and furnish to the board such further and other
information with respect to such operations as the board may by regula
tion require.
Sec. 49. The board shall every year assess and levy upon and collect Annual assessfrom the employers in each class, "by an assessment rated upon the pay men s'
roll, or otherwise as the board may deem proper, sufficient funds to
meet all claims payable during the year.
Sec. 50. Separate accounts shall be kept of the amounts collected S e p arate acand expended in respect of every class and of every fund set aside by coun s*
way of reserve, but for the purpose of paying compensation the accident
fund shall, nevertheless, be deemed one and indivisible.
Sec. 51. ( 1 ) The board may, in addition to the amount actually Reserves,
required in each class for the year, assess and levy upon and collect
from any class or classes a surcharge or surcharges to be set aside as a
reserve or reserves, (a) by way of providing a contingent fund in aid
of industries or classes which may become depleted or extinguished;
or (b) by way of providing a sinking fund for the capitalization of
periodical compensation payments payable in future years; or (c) by
setting up a reserve fund for the equalizing of assessments.
(2 ) The board may, in respect of any industry or class where it is
deemed expedient, assess, levy, and collect in each year a sufficient
amount to provide capitalized reserves which shall be deemed suffi
cient to meet the periodical payments accruing in future years in
respect of all accidents during such year.
(3) Upon any such change being made as provided for in subsection
(2) of section 45 the board may make such adjustment and disposition
of the funds, reserves, and accounts of the classes affected as may be
deemed just and expedient.
S ec . 52. The board may establish such subclassifications, differ- Subclasses, etc.
entials, and proportions in the rates as between the different kinds of
employment in the same class as may be deemed just; and where any
particular industry is shown to be so circumstanced or conducted that
the hazard is greater than the average of the class or subclass to which
such industry is assigned, the board may impose upon such industry a
special rate, differential, or assessment to correspond with the excessive
hazard of such industry.
Sec. 53. If authorized by the lieutenant governor in council the Reinsurance,
board may make or sanction any arrangement for the insurance or
reinsurance, with an underwriter or underwriters, of any employer or
class under this part, subject to such terms and conditions as the board
may prescribe; and may make any necessary or equitable adjustment of
the assessment of such employer or class, having in view any premium
paid on such insurance or reinsurance: Provided, That all claims for
compensation shall be adjusted and paid by the board.

1118

WORKMEN’ S COMPENSATION LAWS OF CANADA.

Sec. 54. Assessments shall be made under seal, 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.
( 2 ) Any general assessment may be made in the manner and form
set forth in schedule A.
(3) Notice of any general assessment may be in the form set forth in
schedule B, and shall be published in the Royal Gazette and in such
other newspapers and in such other manner as the board may deem
adequate or expedient.
Notice to emS e c . 55. The board shall give notice to each employer, in such manployers.
ner a s m a y
(ieeme(i by the board adequate and proper, of the amount
of the assessments due from time to time in respect of his industry or
industries, and the time or times when such assessments are due and
payable.
Duty of employSec. 56. (1) Notwithstanding any provisions of this part respecting
ers*
estimates or pay rolls and notice to employers, it shall be the duty of
every employer, without demand from the board, to cause to be paid
to the board the full amount of every assessment assessed or levied in
accordance with this part in respect to workmen in his employ who
are entitled to compensation hereunder, and every such assessment,
whether the employer have notice thereof or otherwise, shall be a debt
unliquidated until the amount thereof shall have been ascertained by
adjustment as provided by this act, and payable by the employer to
the board.
( 2)
The board shall have a right of action against the employer in
respect of any amount unpaid, with costs of such action.
P r o v is io n a l
Sec. 57. (1) At or before the 1st of January of each year, or as soon
evy>
thereafter as any industry shall have begun operation, the board may
levy upon each employer a provisional amount based upon the esti
mates and information furnished by such employer or upon such further
or other information as the board may obtain, and such provisional
amount shall be presumed to be the amount due by any such employer
and may be collected from such employer as hereinafter provided.
( 2 ) In case of the refusal or neglect of any employer to furnish any
estimate or information as required under section 48, the board may
make its own estimates of the amount due by such employer and may
levy and collect such amount.
(3) Such provisional levies may, wherever it is deemed expedient,
be collected in half-yearly, quarterly, or monthly installments, or
otherwise; 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.
Further assessSec. 58. If in any class the estimated assessments shall prove insuffiments.
cient the board may make such further assessments and levies as may
be necessary, or may temporarily advance the amount of any deficiency
out of any reserve provided for such purpose, and may add such amount
to any subsequent assessment or assessments.
Temporary ing EC. 59. I n the case of any industry which, in the opinion of the
dustry.
board, is to be carried on only temporarily, the board may, instead of
collecting a provisional amount, require or take from the employer
security in such form and amount as the board may deem adequate,
until the cessation of the industry and final report and audit of the
pay roll therefor.
Failure to pay
Sec. 60. If any assessment is not paid at the time when it becomes
levy*
payable, a percentage, prescribed by regulation of the board, and not
exceeding in the whole twelve per cent per year, may be added to such
assessment, by way of penalty, and collected and enforced as part of
such assessment.
Failure to give
S e c . 61. (1) Any industry in respect of which the employer neglects
information, etc. or refuses to furnish any estimate or information as required by section 48
shall, during the continuance of such default, be deemed to be an
industry within Part II and such employer shall be liable for damages
as provided in Part II; and except as provided in subsection (3) no
compensation shall be payable under Part I during the continuance
of such default.
(2)
Notwithstanding subsection (1) such employer shall be liable
to pay to the board the full amount or capital value of any compensation

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payments to which any workman would be entitled under Part I by
reason of any aceident occurring during the continuance of such default,
and such amount or capital value may be assessed against, and collected
from, such employer by like process and means as in the case of other
assessments under Part 1.
(3) If, and to the extent that, such employer shall pay to the board
such amount or capital value he shall cease to be liable under sub
section ( 1), and such workman shall be entitled to compensation under
Part I.
(4) If satisfied that such default was excusable, the board may relieve
such employer in whole or in part from liability under subsection ( 1)
or subsection ( 2 ), or both, on such terms as the board may deem j ust.
Municipalities,
S e c . 62. Where any work within the scope of this part is performed
tc ., may a d
under contract for any municipal corporation or public service com evance.
mission, any assessment in respect of such work may be paid by such
corporation or commission, as the case may be, and the amount of
such assessment may be deducted from any moneys due the contractor
in respect of such work.
Sec. 63. ( 1 ) Where any work within the scope of this part is under Contractors acid
taken for any person by a contractor, both the contractor and the principals.
person for whom such work is undertaken shall be liable for the amount
of any assessment in respect thereof, and such assessment may be
levied upon and collected from either of them or partly from one and
partly from the other: Provided, That in the absence of any term in the
contract to the contrary the contractor shall, as between himself and the
person for whom such work is performed, be primarily liable for the
amount of such assessment.
(2) Where any work within the scope of this part is performed under
subcontract, both the contractor and the subcontractor shall be liable
for the amount of any assessments in respect of such work; and such
assessments may be levied upon and collected from either! or partly
from one and partly from the other: Provided, That in the absence of
any term in the subcontract to the contrary the subcontractor shall as
between himself and the contractor be primarily liable for such assess
ments.
M e c h a n ic s '
S e c . 64. In the case of any work or service performed by an e m p lo y e r
in any of the industries within the scope of this part, for w h ic h th e liens.
employer would be entitled to a lien under the m e c h a n ic s ’ lie n act,
it shall be the duty of the owner as defined by that a ct, to see th a t th e
amount of any assessment in respect of such work or service is p a id ,
and i f any such owner fails to do so he shall be personally lia b le to p a y
it to th e board, and the board shall have the like powers and be e n title d
to the like remedies for enforcing payment as it possesses or is e n title d
to in respect of an assessment.
S e c . 65. There shall be included among the debts which, under the Preference o f
act respecting^assignments and preferences by insolvent persons, 'th e assessments.
companies’ winding up act,” and “ the trustee act,” are, in the distri
bution of the property in the case of an assignment or death or in the
distribution of the assets of a company being wound up under the said
acts, respectively, to be paid in priority to all other debts, the amount
of any assessment the liability wherefor accrued before the date of che
assignment or death or before the date of the commencement of the
winding up, and the said acts shall havre effect accordingly.
S ec . 66. Where default is made by any employer in the payment of Default of pay
any levy the board may, after ten days’ notice to such employer of its ment.
intention so to do, issue its certificate specifying the amount of such
levy and the person by whom it is payable, and such certificate, or a
copy thereof under the seal of the board, may be filed with the clerk of
any county court or with the registrar or assistant registrar of the su
preme court, and such clerk, registrar or assistant registrar shall there
upon issue a judgment of such court against such person for such amount
and such judgment shall be enforceable m the same manner as other
judgments of such court, subject to such appeal as in the case of other
judgments of such court.
Adjustment o?
S e c . 67. On or before the first day of April in each year the amount
assessments-.
of the assessment for the preceding calendar year shall be adjusted upon

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the actual requirements of the classand upon the correctly ascertained
pay roll of each industry, or otherwise as the case may require, 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.
Pay rolls.
Sec. 6 8 . (1) Every employer shall, at or after the close of each calen
dar year, or at such other times as may be required by the board, furnish
verified copies or reports of his pay roll or pay rolls, together with such
other information as the board may require, verified by statutory decla
ration, for the purpose of enabling the board to adjust and compute the
amount of the assessment as provided in section 67.
(2)
In computing and adjusting the amount of the pay roll of any
industry, regard shall be had onty to such portion of the pay roll as
represents workmen and work within the scope of this part, and where
the wages of any workman exceeds the rate of $125 per month, due and
proper deduction may be made in respect of any such excess.
Change of own- Sec. 69. Where in any industry a change of ownership or employerership.
jiag occurre(j j the board may levy any part of such deficiency on
either or any of such successive owners or employers, or pay or credit
to any one or more of such owners or employers such surplus as the case
may require; but as between or amongst such successive owners or
employers the assessment in respect of such industry shall, in the
absence of an agreement between the respective owners or employers
determining the same, be apportionable, as nearly as may be, in accord
ance with the proportions of the pay rolls of the respective periods of
ownership or employment.
Access to books. Sec. 70. (1) The board and any member of it, and any officer of the
board or person authorized by it for that purpose, shall have the right
to examine the books and accounts of any employer and to make such
other inquiry as the board may deem necessary for the purpose of ascer
taining whether any statement furnished to the board under the pro
visions of section 68 is an accurate statement of the matters which are
required to be stated therein or of ascertaining the amount of the pay
roll of any employer, or of ascertaining whether any industry or person
is within the scope of this part.
Affidavits, etc. (2) Every member of the board and every officer or person authorized
by it to make examination or inquiry under this section shall have
power and authority to require and to take affidavits, affirmations, or
declarations as to any matter of such examination or inquiry, and to
take statutory declarations required under section 68 ; and in all such
cases to administer oaths, affirmations, and declarations and certify to
the same having been made.
Inspection of Sec. 71. The board and any member of it and any officer or person
plants.
authorized by it for that purpose shall have the right at all reasonable
hours to enter into the establishment of any employer and the premises
connected with it, and every part of them, for the purpose of ascertain
ing whether the ways, works, machinery, or appliances therein are safe
adequate, and sufficient, and whether all proper precautions are taken
for the prevention of accidents 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, or for any
other purpose which the board may deem necessary for the purpose of
determining the amount of the assessment of such employer.
information Sec. 72. No officer of the board and no person authorized to make
confidential.
an inqUjry under this part shall divulge or allow to be divulged, ex
cept in the performance of his duties or under the authority of the
board, any information which has been obtained by him or which has
come to his knowledge in making, or in connection with, an inspection
or inquiry under this part.
Investment of Sec. 73. (1) The board may in its discretion invest any part of the
u
accident fund, and under its control in any securities which are under
the “ trustee act” a proper investment for trust funds, except mortgage
on real estate.
( 2)
No part of the accident fund, wThether so invested or not, shall
be subject to any municipal or other tax.
Regulations.
S e c . 74. (1) The board may make such regulations, approved by
the lieutenant governor in council, as may be deemed requisite for the

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due administration and carrying out of the provisions of this part, and
may likewise prescribe the form and use of such pay rolls, records, re
ports, certificates, declarations, and documents as may be requisite.
(2 ) Such regulations, when so approved, shall forthwith be pub
lished in the Royal Gazette.
(3) Any such regulation may at any time be rovoked or amended by
the lieutenant governor in council.
S e c . 75. The board may, by regulation, prescribe penalties for the Penalties,
violation of any of the provisions of this part, or for the breach of any
rules, regulations, or orders made under the authority of this act:
Provided, That such penalties shall be approved by the lieutenant
governor in council.
S e c . 76. The penalties imposed by or under the authority of this Recovery,
part shall be recoverable under the summary convictions act or by an
an action brought by the board in any court of competent jurisdiction,
and such penalties when collected shall be paid over to the board, and
shall form part of the accident fund.
^ S e c . 77. (1) Where any association shall make rules for the preven- Rules of assoeition of accidents in the industry or industries represented by such
ns>
association, such rules shall, if approved by the board, be binfing on
all the employers included in the class, subclass, or group represented
by such association, whether or not such employers are members of
such association.
(2) Where an association, under the authority of its rules, appoints
one or more inspectors, engineers, or experts for the purpose of acci
dent prevention, the board may pay the salary and necessary expenses
of any such inspector, engineer, or expert out of the accident fund and
charge the same to the account of the proper class, subclass, or group.
(3) The board may on the application of any association make an
allowance to such association to meet any expenses of such association
and pay such allowance out of the accident fund and charge the same
to the account of the class, subclass, or group represented by such
association.
S e c . 7 8. (1) Where a workman suffers from an industrial disease
Industrial dis
and is thereby disabled from earning full wages at the work at which he eases*
was employed, or his death is caused by an industrial disease, and the
disease is due to the nature of any employment in which he was en
gaged at any time within twelve months previous to the date of his
disablement, 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 disablement were the
happening of the accident, subject to the modifications hereinafter
mentioned, unless at the time of entering into the employment he had
willfully and falsely represented himself as not having previously
suffered from the disease.
(2 )
Nothing in this section shall affect the right of a workman to
compensation in respect of a disease to which this section does not
apply, if the disease is the result of an injury in respect of which he is
entitled to compensation under this part.
S e c . 79. The provisions of this part relating to the organization of Act in effect,
the board, the classification of industries, and levying and collecting
of assessments, or any of them, shall become effective from and after
a day to be named in a proclamation by the lieutenant governor in
council; the provisions of this part respecting the payment of compen
sation and the right of the workmen thereto shall become effective
from and after a day to be named in any subsequent proclamation by
the lieutenant governor in council; and compensation shall be payable
in respect of injuries occurring on and after the day named in such lastmentioned proclamation, on which day also the workmen’s compensa
tion for injuries act, being chapter 34 of the acts of the legislative
assembly, passed in the fourth year of his present Majesty’s reign, and
»
amendments thereto shall stand repealed: Provided, however, That an
action or proceeding to recover compensation for an injury sustained
prior to the date of the last-mentioned proclamation may, before or
after such date, be instituted, proceeded with, and maintained under
said chapter 34, in the same manner and to the same extent as if said
chapter 34 had not been repealed: Provided also, The board may
177982°—21—Bull. 272------ 71

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in its discretion pay compensation to the dependents of any deceased
workman who shall have died since the repeal of said chapter 34 in
consequence of injuries sustained prior to such repeal if the board
shall be satisfied that such dependents have no legal claim against any
person or corporation.
P art II.
[This is an employers' liability law for industries, etc., to which
part I does not apply.]
Passed April 26, 1918.
O rd er s in C o u n c il .
N onresident
beneficiaries.

Added

indus-

Added

indus-

Feby. 5th, 1919.
An order in council was passed authorizing the board to pay compensation out of the accident fund of the workmen's compensation
act, 1918,” to a workman or his dependents residing outside of New
Brunswick when entitled thereto in case of death or injury within the
Province when the laws of such Province, State, or country in which
such workman or dependents reside, provide in case of death or injury
for payment of compensation corresponding or similar to that provided
by Part I of the workmen’s compensation act of this Province to a
workman or his dependents resident in this Province.
April 17th, 1919.
An order in council was passed providing that the following industries be declared to be within the scope of Part I of the act on and after
the first day of August, A. D. 1919, viz: ‘ ‘Persons employed in the
woods in logging, cutting of timber, pulpwood, firewood, railroad ties
or sleepers, or river driving, rafting, booming- or the transportation of
logs, timber, pulpwood, firewood, railroad ties or sleepers.
Nov. 5th, 1919.
An order in council was passed providing that the following industries be declared to be within the scope of Part I of the act, v iz : Team
ing, shipbuilding, printing, laundries, wholesale and retail stores
(except as providea in subsection (a) of sec. 3 of the act), fishing,
canning, plumbing and road making, transportation, handling of hides,
coal and wood merchants, hospitals, hotels, and window cleaning.

NOVA SCOTIA.
ACTS OF 1915.
Chapter

1 .—•Compensation o f workmen for injuries.14

Title.
S e c t i o n 1 . This act may be cited as the workmen’s compensation
act.
Sec . 2. In this act—
(a) “ Accident fund” shall mean the fund provided for the pay Definitions,
ment of compensation, medical aid, outlays, and expenses under
Part I of this act.
(b) “ Association” shall mean any association or body of employers
whose constitution shall have been approved by the board as entitling
it to represent any of the classes provided for in this act or any sub
division or group of employers in such class.
(c) “ Board” shall mean workmen’s compensation board.
(a)
“ Construction” shall include reconstruction, repair, alteration,
and demolition.
(e) “ Dependents” shall mean sUch of the members of the family of
a workman as were wholly or partly dependent upon his earnings at
the time of his death, or who but for the incapacity due to the accident
would have been so dependent; but shall not include persons who
become dependents by reason of the marriage of the injured workman
between the date of the accident and the death of the workman result
ing from such accident.
(/) “ Employer” includes every person having in his service, under
a contract of hiring or apprenticeship, written or oral, expressed or
implied, any person engaged in any work in or about an industry
within the scope of this act and in respect of any such industry includes
municipal corporations, and the Crown as represented by the Province,
and may include the Crown as represented by the Dominion of Canada
in so far aa it may in its capacity of employer submit to the operation
of this act.
(g) “ Employment” means and refers to the whole or any part of
any establishment, undertaking, work, operation, trade or business
within the scope of this act, and in the case of any industry not as a
whole within the scope of this act includes any department or part of
such industry as would if carried on separately be within the scope of
this act.
(h) “ Industrial disease” shall mean any of the diseases mentioned
in the schedule and any other disease which by the regulations is
declared to be an industrial disease.
(i) “ Industry” shall include establishment, undertaking, work,
operation, trade, and business.
(j ) “ Invalid” shall mean physically or mentally incapable of
earning.
(k) “ Member of the family ” shall mean and include wife, husband,
father, mother, grandfather, grandmother, stepfather, stepmother, son,
daughter, granason, granddaughter, stepson, stepdaughter, brother,
sister, half brother, and half sister, ana a person who stood in loco
parentis to the workman or to whom the workman stood in loco parentis,
whether related to him by consanguinity or not so related; and where
the workman is the parent or grandparent of an illegitimate child shall
include such child, and where the workman is an illegitimate child
shall include his parents and grandparents.
(I)
“ Outworker” shall mean a person to whom articles or materials
are given out to be made up, cleaned, washed, altered, ornamented,
finished, repaired, or adapted for sale in his own home or on other
premises not under the control or management of the person who gave
out the articles or materials.

i* W ith amendments to May 17,1919.

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(m) “ Regulations” shall mean regulations made by the board under
the authority of this act.
(n) “ Workman” shall include a person who has entered into or
works under a contract of service or apprenticeship, written or oral,
expressed or implied, whether by way of manual labor or otherwise;
and in respect of the industry of mining, shall include a person while
he is actually engaged in taking or attending a course of training or
instruction in mine-rescue work under the direction or with the ap
proval, expressed or implied, of an employer in whose employment the
person is employed as a workman in that industry; and in respect to
any industry shall include a person while he is actually engaged in
rescuing or protecting or attempting to rescue or protect life or prop
erty in the case of an explosion, a fire, or an accident, which endangers
either life or property in or about the industry in which such person
is employed, and should such person meet with an accident while so
engaged, such accident shall be deemed to arise out of and in the
course of such person’s employment.
(o) [Repealed.]
(p) “ Teaming” shall include all kinds of work done by workmen
with teams^ carts (including handcarts), drays, trucks, cabs, carriages,
automobiles, and other vehicles.
{<?) “ Stevedoring” shall mean the loading or unloading of vessels or
railway cars.
Part I.

Sec. 3. This part shall apply to employers and workmen in or about
any operations carried on in a factory, and also to employers and
workmen in or about the industries of manufacturing, lumbering,
river driving, mining, quarrying, excavation, drilling with diamond
drills, fishing, canning, printing, building, construction, engineering,
transportation, navigation, stevedoring, rafting of lumber, teaming,
horseshoeing, scavenging, street cleaning, handling of hides, painting,
decorating, renovating, dyeing and cleaning, the operation of any rail
way, tramway, telegraph, cable, or telephone system, electric light or
power plant or system, gas works, waterworks, sewers, laundries,
theaters, packing houses, lumber yards, coal yards, refrigerating^ or
cold-storage plant, warehouses, elevators, boats, ships, tugs, ferries,
dredges, and any public utility, and any occupation incidental to or
immediately connected with any of the industries or operations menExemptions.
tioned in this section: Provided, That subject to sections 5 and 6, this
part shall not apply to the following:
(a) Persons engaged as traveling salesmen.
(b) Persons whose employment is of a casual nature, and who are
employed otherwise than for the purposes of the employer’s trade or
business.
(c) Outworkers.
(d) Persons employed by a city, town, or municipal corporation, as
members of a police force or of a nre department.
(e) Members of the family of the employer who reside with the em
ployer.
Sec. 4. [Repealed.]
Adm ission of
S e c . 5. (1) Any industry or workman not within the scope of this part
other industries, ^y virtue of section 3 may, on the application of the employer, be ad
mitted by the board as being within the scope of this part on such terms
and conditions and for such period and from time to time as the board
may prescribe, and from and after such admission and during the
period of such admission such industry or workman shall be deemed
to be within the scope of this part.
(2 ) Any employer in any industry within the scope of this part may
be admitted on such terms and conditions as for such period and from
time to time as the board may prescribe, and being entitled, for himself
or his dependents as the case may be, to the same compensation as if
such employer were a workman within the scope of this part.
(3) Such admission may be made in such manner and form as the
board may deem adequate and proper.
tho*CedSi°nS aU’ ^EC’
. ^ e hoard may by regulation exclude from the scope of this
nz *
part any industry or industries in which not more than a stated num
Industries

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ber (fixed by regulation) of workmen, or workmen other than temporary
workmen are employed, and may define the meaning of “ temporary
workmen.’ ’ The board may from time to time revoke, alter, or
modify any such regulation: Provided, That any industry so excluded
may be readmitted by the board as being within the scope of this
part. The board may likewise exclude the mayor, warden, clerk,
treasurer, controllers, councillors, and aldermen and other officers of a
city, town or municipality, and the president, vice^ president,
directors, and other officers of any company without excluding the other
persons in any industry.
S e c . 7. ( 1 ) Where, in any industry within the scope of this part, per Compensation
sonal injury by accident arising out of and in the course of employment to be paid.
is caused to a workman, compensation as hereinafter provided shall be
paid to such workman, or his dependents, as the case may be, except Short time disa
where the injury (a) does not disable the workman for the period of at bilities.
least seven days from earning full wages at the work at which he was
employed; or (b) is attributable solely to the serious and willful mis Willful miscon
conduct of the workman, unless the injury results in death or serious duct.
and permanent disablement.
( 2 ) Where the accident arose out of the employment, unless the con Presumption.
trary is shown, it shall be presumed that it occurred in the course of
the employment, and where the accident occurred in the course of the
employment, unless the contrary is shown, it shall be presumed that
it arose out of the employment.
(3) Where compensation for disability is payable it shall be com Payments be
gin, when.
puted and be payable from the date of the disability.
Agreement im
S e c . 8 . (1) Every contract entered into in Nova Scotia whereby
the relationship of employer and workman as defined by this act arises plied.
in an industry which if carried on in Nova Scotia would be within the
scope of Part I, having regard to any regulations made by the board
for the exclusion or inclusion of any industry or industries, shall, unless
there be an expressed agreement in writing to the contrary signed by
the workman, be subject to and be deemed to include the following
covenant on the part of the workman with his employer, which cove
nant shall bind the workman, his heirs, executors, administrators, and
assigns as effectually as if made in writing and under seal, viz:
w o r k m a n ’s

covenant

w it h

em ployer

The workman, for valuable consideration and as a condition of his
being employed, covenants with the employer that, in the event of an
accident happening to such workman while employed elsewhere than
in Nova Scotia and while the workman and the industry carried on
out of Nova Scotia in which he is so employed are within the scope of
part one of the workman’s compensation act of Nova Scotia, he will
accept the provisions of part one of said act in lieu of all rights and
rights of action, statutory or otherwise, which he may have or to which
he may become entitled against his employer, and that he will not com
mence or prosecute any action or other proceeding against his em
ployer, by reason of such accident or any injury resulting therefrom,
and that this covenant and section 8 of the workmen’s compensation
act may be pleaded as a bar to or otherwise made use of to defeat or
stay any action or proceeding that the workman may commence against
the employer within or without Nova Scotia.
(2 )
(a) Every contract, entered into in Nova Scotia, whereby the Same.
relationship of employer and workman as defined by this act arises,
in an industry to which this subsection is made to apply by virtue of
subsection (b) hereof, and whereby the workman agrees to perform or by
virtue of which he does perform any work or services out oi Nova Scotia,
shall, unless there be an agreement to the contrary in writing signed by
the workman, be deemed to include and be subject to the following
covenant on the part of the employer with the workman, which shall
bind the employer, his heirs, executors, administrators, successors,
and assigns as fully and as effectually as if executed in writing by the
employer and under seal, v iz:

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w orkm an

Subject to the provisions of section 8 of the workmen’s compensa
tion act the employer, for valuable consideration and as a condition
of the workman’s consent to perform or jof his performing work or serv
ices out of Nova Scotia, covenants with the workman that before the
workman shall be required or permitted by the employer to perform
any work or services out of Nova Scotia in the industries set forth in
Bubsection (b) hereof, he (the employer) shall apply to the workmen’s
compensation board of Nova Scotia to have the industry in which such
workman is employed, admitted as being within the scope of part one
of the workmen’s compensation act—if the same be not then within
the scope of said part—and that the employer shall furnish all informa
tion and pay such assessments as may be required to obtain a- certificate
of admission from the board, and it such industry be so admitted or
is at the time within the scope of said part that the employer shall pay
all assessments and furnish information required by the board to keep
such industry within the scope of said part during the whole period
of the workman’s employment in such industry, and that if the em
ployer refuses, neglects, or fails to perform any of the foregoing cove
nants, the workman, and in case of his death his dependents, shall in the
event of any accident happening to such workman while employed in
such industry, out of Nova Scotia, be entitled to recover in an action
from the employer an amount equal to the compensation or the capi
talized amount of compensation that would be payable under said act
if the industry were within the scope of part one of said act at the time
of the accident.
Navigation and
(&) The foregoing subsection (a ) hereof shall apply to the industries
fishing.
0 f “ navigation” and “ fishing.” and then only to the work or services
performed or to be performed by a workman, as an officer or member
of the crew of a ship registered in Nova Scotia or operated by an em
ployer residing or having a place of business in Nova Scotia, and for the
period that the operations of the ship are confined to the making of
voyages or trips between places in Nova Scotia and places in New
Brunswick, or JPrince Edward Island, or Newfoundland, or teethe mak
ing of fishing trips or voyages from ports or places in Nova Scotia.
W ork outside
( 3) An industry carried on out of Nova Scotia shall be within the
of Nova Scotia. gC0p e 0 f this part when the board has upon application of the employer,
admitted such industry so carried on out of Nova Scotia as being within
the scope of this part, and has issued a certificate to that effect, and
then only during the period of and subject to the terms stated in such
certificate. The admission of such industry and the granting of such
certificate shall be in the discretion of the board.
Same.
( 4) (a) Where an accident happens while the workman is employed
elsewhere than in Nova Scotia, which would entitle him or his "de
pendents to compensation under this part if it had happened in Nova
Scotia, the workman or his dependents, as the case may be, shall be
entitled to compensation under this part if the industry carried on out of
Nova Scotia at the time of the accident is within the scope of this part
by virtue of subsection (3) of this section.
Act: ions at law
( b) Section 11 of this act shall apply to the dependents of such worklorbidden.
man whose death results from such accident, and the workman or his
dependents so far as they are within the jurisdiction of the supreme
court of Nova Scotia may be restrained or enjoined from commencing
or prosecuting any action or proceeding within or without Nova Scotia,
and the production of a certificate from the board that the workman
and the industry, in which such workman was employed at the time of
the accident, were within the scope of Part I shall be sufficient proof
of that fact.
Employer lia( 5 ) A workman or his dependents, as the case may be, who would
Die, wnen.
be entitled to compensation under this part but for the refusal, neglect,
or failure of an employer within the provisions of this section to per
form the statutory covenant set forth in said section, shall be entitled
to recover compensation from such employer, and such employer shall
be personally liable for the payment of compensation to such workman
or his dependents as provided by said statutory covenant of the em
ployer and the provisions of this "part.

T E X T

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1 1 2 7

$( 6) This section shall not apply to such part of an industry as is car- Section not apried on out of Nova Scotia, nor to a workman engaged therein for the p ca ’ whenperiod that such industry and such workman are within the scope and
operation of a workmen’s compensation act in force in the jurisdiction
out of Nova Scotia in which such industry is carried on, and under
which the workman, if injured, is required to accept the provisions of
that act in lieu of any action against the employer and under which
the employer has been or may be compulsorily assessed with respect
to such industry.
(7) (a) If, notwithstanding the provisions of this section, the work-. Law of place of
man or his dependents are, by the law of the country or place in whichinjury’
the accident happens, entitled to proceed by action or other proceed
ings in any court against the employer personally to recover damages
or compensation against the employer in respect of such accident; or
( 6) if in the opinion of the board the law of such country or place is
doubtful in that respect; or (c) if any demand for damages had been
made upon or any notice of action has been given to the employer with
respect to any accident in respect of which compensation is payable
under this part; or (d) if an action or other proceedings in any country
or place outside of Nova Scotia has been commenced, noncompensation
shall be payable under this partin the cases mentioned in (a) and ( 6) of
this subsection, unless an election be first made to claim compensation
under the provisions of this part in lieu of all claims and rights under
the law of such other country or place, and unless such undertaking be
lven as the board may require that no action or other proceedings will
e commenced against the employer for damages, or to attach or levy
upon any property, of the employer in such countiy or place; and in
the cases mentioned in (c) and (d) hereof any compensation that the
person making such demand or commencing such action or proceed
ing would otherwise be entitled to under this part, may be forfeited in
whole or in part by the board in its discretion, and the board may pay
to the employer such amount, not to exceed the amount forfeited, as
was actually paid out by the employer by reason of such action or pro
ceeding.
( 8) Except as provided by this section, no compensation shall be Statute limited,
payable under this part where the accident to the workman happens
elsewhere than in Nova Scotia, and the amount of compensation pay
able under this section to any person residing out of the Province at
the time of the accident shall not exceed the amount that would be
payable to such person under the laws of the countiy or place in which
the accident happens.
(9) In the case of a nonfatal accident happening to a workman Accidents on
employed on board of any vessel, compensation shall not be payable vesse s*
under this part, for the period that the owner of the vessel is, under the
Merchants Shipping Act and amendments thereto or otherwise, liable
to defray the expenses of maintenance of the injured workman, and in
the case of a fatal accident where the owner of the vessel is liable to pay
the expenses of burial, such expenses shall not be payable out of the
accident fund.
S e c . 8a. (a) In respect to the industry of fishing, a person who
Fishing,
becomes a member of the crew of a ship registered in Nova Scotia under
an agreement to prosecute a fishing voyage or voyages in the capacity
of a sharesman, or who is described in the shipping article as a sharesman, or who agrees to accept in payment of his services any share or
proportion of the proceeds or profits of the venture, with or without
other remuneration, shall be considered and deemed to be a workman
within the meaning of this part.
(b) The owners of or persons operating the ship referred to in (a) hereof
shall be deemed to be employers within the meaning of this part.
(c) Members of the crew of such ship who are remunerated for their
services in the manner mentioned in (a) hereof shall, for the purposes
of assessments under this part, be deemed to earn wages at the rate of
$1,200 a year, and in case of accident where the compensation payable
depends upon the earnings or average earnings of such workman, he
shall be deemed to earn at the rate of SI,200 a year.^
(d) Assessments paid or payable in respect of such industry shall be
borne wholly by the employers.

1128

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S e c . 8b. 'Where it appears that by the laws of any other Province,
country, or jurisdiction a workman or his dependents, if resident in
Nova Scotia, would be entitled in respect of death or injury in such
Province, country, or jurisdiction to compensation (as distinguished
from damages) the board may order that payments of compensation
under this act may be made to persons resident of such Province,
country, or jurisdiction in respect of any workman killed or injured in
Nova Scotia: Provided, however, That if the compensation payable un
der the laws of such other Province, country, or jurisdiction be less than
the compensation payable under this part, the board may reduce the
amount of compensation accordingly: Provided, That the board may
upon application grant leave from time to time to any workman, or
dependent resident in Nova Scotia at the time of the accident, to reside
out of Nova Scotia without thereby forfeiting the right to compensation
payments under this act. Except as in this section provided, nothing
in this act shall entitle any person not resident in Nova Scotia to com
pensation payments under this part with respect to an accident hap
pening within Nova Scotia.
Third parties.
Sec. 9. (1) Where an accident happens to a workman in the course
of his employment in such circumstances as entitle him or his depend
ents 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) If such workman or his dependents bring such action and less is
recovered and collected than the amount of the compensation to which
such workman or dependents would be entitled under this act, such
workman or dependents shall be entitled to compensation under this
part to the extent of the amount or amounts of such difference.
(3) If such workmen or dependents, or any of them, have claimed
compensation under this part, the board shall be subrogated to the posi
tion of such workman or dependent as against such other person for the
whole or any outstanding part of the claim of such workman or depend
ent against such other person.
No a ction , Sec . 10. In any case within the provisions of section 9, subsection
wiien*
( 1), neither the workman nor his dependents, nor the employer of such
workman, shall have any right of action in respect of such accident
against an employer in any industry within the scope of this part; and
in any such case where it appears to the satisfaction of the board that
a workman of an employer in any class is injured or killed owing to the
negligence of an employer or of a workman of an employer in another
class within the scope of this part, the board may direct that the com
pensation awarded m such case shall be charged against the last-men
tioned class.
Remedy exclu- ^ S e c . 11. The provisions of this part shall be in lieu of all rights and
sive*
rights of action, statutory or otherwise, to which a workman or his de
pendents are or may be entitled against the employer of such workman
m or by reason of any accident in respect of which compensation is
payable hereunder, and no action in respect to such accident shall lie.
Waivers.
S e c . 12. It shall not be competent for a workman to agree with his
employer to waive or to forego any of 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.
Deductions Sec. 13. It shall not be lawful for an employer, either directly or
from wages.
indirectly, to deduct from the wages of any of his workmen any part of
any sum which the employer is or may become liable to pay into the
accident fund or otherwise under this part, or to require or to permit
any of his workmen to contribute in any manner toward indemnifying
the employer against any liability which he has incurred or may incur
under this part.
Assignments, Sec. 14. Unless with the approval of the board, no sum payable
6 c*
as compensation or by way of commutation of any periodical pay
ment in respect of it shall be capable of being assigned, charged, or
attached, nor shall it pass by operation of law except to a personal re
presentative, nor shall any claim be set off against it.
Claim in one Sec. 15. (1) No compensation shall be payable under this part in
year*
respect of any injury unless application for such compensation is
made within one year after the occurrence of the injury.
Comity.

T E X T

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1129

(2) Unless a person applying for compensation establish his right Proof in 15
thereto to the satisfaction of the board within 15 months from the date of mon
the accident no compensation shall be payable to him under this
part with respect to such accident.
S e c . 15a. (1) Every workman entitled to compensation under Medical aid.
this part, or who would have been so entitled had he been disabled
for seven days, shall be entitled during the period^ of thirty days from
the date of the disability, to such medical and surgical aid and hospital
and skiHed nursing services as may be necessary as a result of the in
jury.
(2 ) In this act “ medical aid” shall mean the medical and surgical
aid and hospital and skilled nursing services above mentioned.
(3) Such medical aid shall be furnished or arranged for by the
board or as it may direct or approve, and shall at all times be subject
to the supervision and control of the board, and shall be paid for by the
board out of the accident fund or as herein otherwise provided, and
such amount as the board may consider necessary shall be included
in the assessment levied upon the employers.
(4) All questions as to the necessity, character, and sufficiency
of any medical aid furnished or to be furnished shall be determined
by the board.
(5) The fees or charges for such medical aid shall be fixed and
determined by the board, and no action for any amount larger than
that fixed by the board shall lie in respect of any medical aid herein
provided for.
(6 ) It shall not be lawful for any employer, directly or indirectly,
to collect or receive or retain from any workman any contribution
toward the expense of medical aid, and every person contravening
this provision shall, for every such contravention, be liable to a
penalty not exceeding $50 and shall also be liable, upon the order
of the board, to reimburse the workman treble the amount of any sum
so collected, received, or retained: Provided, That it shall not be
considered a contravention of this section for the employer to receive
or collect a contribution from a workman under any arrangement
approved by the board.
(7) Where any employer has now established or hereafter establishes
in connection with any industry carried on by him an arrangement for
furnishing medical aid to his workmen which in the opinion of the
board is at least as favorable to the workmen as that herein provided
for, the board, after investigating the facts and considering the wishes
of both the workmen and employer, may approve such arrangement,
and, pending such investigation, the board may provisionally approve
such arrangement, and as long as such approval remains unrevoked
such arrangement may be continued in lieu of the medical aid herein
provided for, and the employer shall be entitled to such reduction in
his rate of assessment as the board shall deem just.
(8 ) Nothing in this act shall affect any obligation upon the employer
under any other statute or any regulation made thereunder.
(9) Employers in any industries in which it is deemed proper may
be required by the board to maintain as may be directed by the
board such first-aid appliances and services, and such transportation
for an injured workman, as the board may direct, and the board may
make such order or regulation respecting the same and how the ex
pense thereof shall be borne as may be deemed just.
( 10) Where in conjunction with or apart from the medical aid to
which workmen are to be entitled free of charge, further or other ser
vice or benefit is, or is proposed to be, given or arranged for, any ques
tion arising as to whether or to what extent any contribution from work
men is, or would be one prohibited by this act shall be determined by
the board.
( 11) Every physician, surgeon, and hospital official attending, con
sulted respecting, or having the care of any workman, shall furnish to
the board from time to time, without additional charge, such reports
as may be required by the board in respect of such workman.

1130

W O R K M E N 'S COMPENSATION LAW S OF CANADA.

( 12) In the case of any workman employed as a master, mate, engi
neer, seaman, sailor, steward, fireman, or in any other capacity on
board of any vessel on which d uty has been paid or is payable for the
purpose of the sick mariner’s fund under Part V of the “ Canada ship
ping act” being chapter 113 of the Revised Statutes of Canada, 1900,
the provisions of subsections (1) to (5) shall not apply to such workman
during the period in respect of which such duty has been paid or is
payable, or during which the workman is entitled to medical and sur
gical attendance and other treatment under said act.
(13) It shall not be lawful for a physician, surgeon, or other person,
entitled to be paid bv the board under this part for any services per
formed or for any medicines or materials supplied, to make any charge
' or claim against the injured workman, the employer, or any person,
other than the board, for such services, medicines, or materials.
Board created.
Sec. 16. There is hereby constituted a commission for the adminis
tration of this part to be called <;the workmen’s compensation board,”
which shall consist of three members to be appointed by the governor
in council, and shall be a body corporate.
Chairman.
Sec. 17. (1) One of the commissioners shall be appointed by the
governor in council to be the chairman of the board, and he shall hold
that office while he remains a member of the board, and another of the
commissioners shall be appointed by the governor in council vice chair
man of the board.
(2 ) In the absence of the chairman, or in case of his inability to act,
or if there is a vacancy in the office, the vice chairman may act as and
shall have all the powers of the chairman.
Appointments
S ec . 18. ( 1) In the case of the death, illness, or absence from Nova
pro tempore.
Scotia of a commissioner or of his inability to act from any cause, the
governor in council may appoint some person to act pro tempore in his
stead, and the person so appointed shall have all the powers and per
form all the duties of a commissioner.
( 2 ) Subsection ( 1) shall apply in the case of the^ chairman of the
board as well as in the ease ol any other member of it.
Acts of vice S ec . 19. Where the vice chairman appears to have acted for or
chairman.
instead of the chairman, it shall be conclusively presumed that he so
acted for one of the reasons^mentioned in the next preceding subsection.
Term.
Sec. 20. Each commissioner shall, subject to section 21, hold office
during good behavior, but may be removed at any time for cause.
Retirement age. S e c . 21 . Unless otherwise directed by the governor in council, a com
missioner shall cease to hold office when he attains the age of 75 years.
Salaries.
Sec. 22. The salary of the chairman, of the vice chairman, and of
the other commissioner sh&il be determined by the governor in council,
and such salaries shall be payable out of the provincial revenue.
Quorum.
S e c . 23. The presence of two commissioners shall be necessary to
constitute a quorum of the board.
Same.
S e c . 2 4 . A v a c a n c y in th e board s h a ll n o t, if there rem ain tw o m e m
Powers.

Officers.

Sittings.

Officers.

bers of it , im p a ir th e a u th o r ity of su c h tw o m e m b e rs to a c t.
S e c . 25. The board shall have the like powers as the supreme

court
for compelling the attendance of witnesses and of examining them under
oath, and compelling the production of books, papers, documents, and
things.
S e c . 26. The offices of the board shall be situated in the city of
Halifax, and its sittings shall be held there, except where it is expedi
ent to hold sittings elsewhere, and in that case sittings may be held in
any part of Nova Scotia.
S e c . 27. The commissioners shall sit at such times and conduct their
proceedings in such manner as they may deem most convenient for the
proper discharge and speedy dispatch of business.
S e c . 28. (1) The board shall appoint a secretary and a chief medical
officer, and may appoint such auditors, actuaries, accountants, inspec
tors, officers, clerks, and servants as the board may deem necessary for
carrying out the provisions of this part, and may prescribe their duties,
and, subject to the approval of the governor in council, may fix their
salaries and pay the same out of the accident fund.
(2)
Every person so appointed shall hold office during the pleasure
of the board.

TEXT OF LAW S— NOVA SCOTIA.

1131

Sec. 29. (1) The board may act upon the report of any of its officers, Acts of officers,
and any inquiry which it shall be deemed necessary to make may be
made by any one of the commissioners or by an officer of the board or
some other person appointed to make the inquiry, and the board may
act upon his report as to the result of the inquiry.
( 2) The person^ appointed to make the inquiry shall for the pur
poses of the inquiry have all the powers conferred upon the board by
section 25.
S e c . 30. ( 1) The board shall have jurisdiction to inquire into, hear,
Jurisdiction,
and determine all matters and questions of fact and law necessary to be
determined in connection with compensation payments and the ad
ministration thereof, and the collection and management of the funds
therefor.
( 2 ) The board may in its discretion invest any funds arising under
any provisions of this part, and under its control, in any securities
which are under the “ trustee act ” a proper investment for trust funds.
(3) The funds, investments, and income of the board shall be free
every form of taxation.
Sec. 31. (1) Except as stated in subsections (2) and (5) of this section, Effect of declthe decisions and findings of the board upon all questions of law and sions*
fact shall be final and conclusive, and in particular, but not so as to
restrict the generality of the powers of the board hereunder, the
following shall be deemed to be questions of fact:
(а) The question whether an injury has arisen out of or in the course
of an employment within the scope of this act.
( б) The existence and degree of disability by reason of any injury.
(c) The permanence of disability by reason of any injury.
(d) The degree of diminution of earning capacity by reason of any
injury.
(e) The amount of average earnings.
( /) The existence of the relationship of a member of the family as
defined by this act.
(g) The existence of dependency.
(h) The character, for the purpose of this act, of any employment,
establishment, or department and the class to which such employ
ment, establishment, or department should be assigned.
(i) Whether or not any employee in any industry within the scope
of this part is within the scope of this part and entitled to compensa
tion thereunder.
(2) An appeal shall lie to the supreme court in banco from any Appeals,
final decision of the board upon any question as to its jurisdiction or
upon any questions of law, but such appeal can be taken only by per
mission of a judge of the said court, given upon a petition presented
to him within fifteen days after the rendering of the decision, and
upon such terms as said judge may determine. Notice of such petition
shall be given to the board at least two clear days before the presen
tation of such petition.
(3) Where an appeal has been granted, the appeal shall be brought
by notice served on the chairman or vice chairman of the board with
in ten days after the permission to appeal has been granted. Yhe
notice shall contain the names of the parties and the date of the order
appealed from, and such other particulars as the judge granting the
appeal may require.
(4) On the hearing of such appeal any association representing a
class interested in the result of the case shall be entitled to appear
and be heard.
(5) The board may of its own motion state a case in writing for the
opinion of the supreme court in banco upon any question v/hich in
the opinion of the board is a question of law.
(6 ) The supreme court shall hear and determine the question or
questions of law arising thereon and remit the matter to the board,
with the opinion of the court thereon.
(7) No costs shall be awarded in any appeal or case stated under
this section.
S e c . 32. The accounts of the board shall be audited by an auditor Audits,
appointed by the governor in council for that purpose, and the salary

1132

w o r k m e n ’s

Reports.

Expenses.

Compensation
for death.

COMPENSATION LAW S OF CANADA.

or remuneration of such auditor shall be fixed by the governor in
council and paid by the board.
S ec. 33. The board shall on or before the 1st day of March in each
year make a report to the provincial secretary of its transactions during
the next preceding calendar year, and such report shall contain such
particulars as the governor in council may prescribe.
S ec . 34. (1) All expenses incurred in the administration of this
part shall be paid out of the accident fund.
(2 ) To assist in defraying the expenses incurred in the administration

of this part there shall be paid to the accident fund out of the provincial
treasury such annual sum, not exceeding $25,000, as the governor in
council may direct.
S ec. 35. (1) Where death results from an injury the amount of
compensation shall be—
(a) The necessary expenses of the burial of the workman, not exceed
ing $75.
(b) W h e re th e w id ow or an in v a lid w idow er is th e sole d e p e n d e n t,
a m o n th ly p a y m e n t of $20.

(c) WThere the dependents are a widow or an invalid widower and
one or more children, a monthly payment of $20, with an additional
monthly payment of $5 for each child under the age of 16 years, not
exceeding in the whole $40.
(d) Where the dependents are children, a monthly payment of $10
to each child under the age of 16 years, not exceeding in the whole $40.
(e) Where the dependents are persons other than those mentioned in
the foregoing clauses, a sum, reasonable and proportionate to the pecuni
ary loss to such dependents occasioned by the death, to be determined
by the board, but not exceeding $20 per month to a parent or parents,
and not exceeding in the whole $30 per month.
(/) Where compensation is payable to or for a child under (c) or (d) or
under section 37 (2 ), no additional compensation shall be payable with
respect to such child by reason of the subsequent death of a parent,
step-parent, or other person standing in loco parentis to such child.
(2) In the case provided for in clause (e) of subsection 1, the pay
ments shall continue only so long as in the opinion of 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 compensa
tion may be allotted partly to the total and partly to the partial de
pendents.
Lim it of 55 per
(4) Exclusive of the expenses of burial, the compensation payable
cent.
as provided by subsection 1 shall not in any case exceed 55 per cent of
the average earnings of 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.
This subsection shall not apply to compensation payable under clause
(c) of subsection (1).
To whom pay
(5) Where death results from an injury, any compensation payable
ments made.
with respect to any portion of the period between the date of the injury
and the date of the death may be paid by the board to the widow or to
such of the dependents of the deceased workman as the board may
deem advisable, and in case of minors or persons of unsound mind, pay
ment may be made as provided in section 44.
Same.
(6 ) Any compensation payable to a dependent who dies before such
compensation is paid may be paid to such member or members of the
family of the deceased dependent, or to such person or persons caring
or providing for the deceased dependent prior to his or her decease, as
the board may deem advisable.
Remarriage of
S e c . 36. ( 1 ) If a dependent widow marries she shall be entitled to
widow.
have the monthly payments to her continued for a period of two years
from the date of the marriage, or in the discretion of the board, to a
lump sum equal to such payments, and upon the payment of same all
payments of compensation to her shall cease.
Exception.
(2 )
Subsection 1 shall not apply to payments to a widow in respect of
a child.
Payments
to
S ec . 37. (1) Payments in respect of a child shall cease when the
child.
child attains the age of 16 years or dies. Compensation shall be payable

1133*

TEXT OF LAW S— NOYA SCOTIA.

to an invalid child without regard to the age of such child, and payments
to such child shall continue bo long as in the opinion of the board it
might reasonably have been expected had the workman lived he
would have continued to contribute to the support of such child.
(2) Where a payment to any one of a number of dependents ceases, Readjustments,
the remaining dependents shall be entitled to receive the same com
pensation as though they had been the only dependents at the time of
the death of the workman. This subsection shall not apply where a
payment ceases by reason of the remarriage of a widow.
S e c . 38. Where permanent total disability results from the injury
Permanent tothe amount of the compensation shall be a periodical payment during the
disability,
the life of the workman equal to 55 per cent of his average earnings.
(2 ) The compensation awarded under this section shall not be less
than an amount equal to five dollars per week, unless the workman’s
average earnings are less than five dollars per week, in which case he
shall receive compensation in an amount equal to his average earnings.
S ec . 39. (1) Where permanent partial disability results from the Permanentparinjury, the compensation shall be a periodical payment of such 1 disability,
amount as the board considers represents 55 per cent of the difference
in the earning capacity of the workman before the accident and his
earning capacity after the accident, having regard to the degree of
disability, the age of the workman, and his average earnings at the
time of the accident, and shall be payable during the lifetime of the
workman.
( 2) Notwithstanding the provisions of subsection ( 1), where in the

circumstances the amount which the workman is able to earn after
the accident has not been diminished, the board may, nevertheless,
recognize an impairment of earning capacity.
S e c . 40. (1) Where temporary total disability results from the inTemporary tojury, the compensation shall be the same as that prescribed by section tal disability.
38, but shall be payable only so long as the disability lasts.
( 2) Where temporary partial disability results from the injury, the temporary parcompensation shall be a periodical payment of 55 per cent of the d if-tial disablllty*
ference between the average earnings oHhe workman before the acci
dent and the average amount which he is earning or is able to earn in
some suitable employment or business after the accident and shall
be payable so long as the disability lasts.
S e c . 41. “ Average earnings” and “ earning capacity” shall mean
Earnings comand^ refer to the average earnings or earning capacity at the time of Pu ted,ho\v.
the injury, and may be calculated upon the daily, weekly, or monthly
wages or other regular remuneration which the workman was receiving
at the time of the injury, or upon the average yearly earnings of the
workman for three years prior to the injury, or upon the probable
yearly earning capacity of the workman at the time of the injury as
may appear to the board best to represent the actual loss of earnings
suffered by the workman by reason of the injury, but not so as in any
case to exceed the rate of $1,200 per year.
S ec . 42. (1) In fixing the amount of a weekly or monthly payment Other benefits,
regard shall be had to any payment, allowance, or benefit which the
workman may receive from his employer during the period of his
disability, including any pension, gratuity, or other allowance pro
vided wholly at the expense of the employer.
( 2) Where compensation is payable, any sum deducted from the
compensation under subsection ( 1) may be paid to the employer out

of the accident fund.
S e c . 4 3 . (1 ) Where any workman or dependent is entitled to com- Claims,
pensation under this part, he shall file with the board an application
lor such compensation, together with the certificate of the attending
physician, if any, and such further or other proofs of his claim as may
be required by the board.
(2) It shall also be the duty of every physician or surgeon attending or .
of physiconsulted upon any case of injury to any workman to furnish or cause cian*
to be furnished from time to time such reports and in such form as may
be required by the board in respect of such injury.

(3) It shall be the duty of every physician in attendance upon any
injured workman to give all reasonable and necessary information,,
advice, and assistance to enable such workman or his dependents, as the

Same,

1134

W O R K M E N ’ S COMPENSATION LAW S OF CANADA.

case may be, to make application for compensation and to furnish
such proofs as may be required by the board.
Accidents to be
( 4 ) i t shall be the duty of every employer, within three days after
reported.
^ e happening of an accident to a workman in his employment by
which the workman is disabled from earning full wages, to notify the
board in writing of the (a) happening of the accident and nature of it;
(b) time of its occurrence; (c) name and address of the workman; (d)
place where the accident happened; (<?) name and address of the
physician or surgeon, if any, by whom the workman was or is at
tended for the injury; (/) any other particulars required by the
board.
(5)
It shall be the duty of the employer to make such further and
other reports respecting such accident and workman as may be required
by the board.
Mode, etc., of
S e c . 44. (1) Payments of compensation shall be made in such manpaymen s.
ner an(j jn guch form as may appear to the board to be most convenient,
and in the case of minors or persons of unsound mind, payments may
be made to such persons as, in the opinion of the board, are best quali
fied in all the circumstances to administer such payment, whether or not
the person to whom the payment is made is the legal guardian of such
minor or person of unsound mind.
( 2 ) If a person entitled to compensation is committed to an insane
asylum or to any jail or prison, compensation shall not be payable for the
period of confinement therein: Provided, That the board may pay the
whole or any part of the compensation so withheld to any dependent
or dependents of the person so confined: And provided, That in the
case of a person committed to prison for an indirtable offence compen
sation may at the discretion of the board be entirely forfeited.
Lumpsums.

S ec . 45. (1) The board may, in its discretion, commute the whole or
any part of the payments due or payable to the workman or any bene
ficiaries for a lump sum in lieu of such payments to be applied as
directed by the board.
( 2)
The board may, in its discretion, instead of paying any compen

sation payable in a lump sum, divide the compensation into periodical
payments.
Special medical
( 3 ) Where in any case, in the opinion of the board, it w ill conserve
treatment.
accident fund to provide a special surgical operation or other special
medical treatment for a workman, and the furnishing of the same by the
board is, in the opinion of the board, the only means of avoiding heavy
payment for disability, the expense of such operation or treatment
may be paid out of the accident fund.
R e v ie w .
s E c . 4 6 . ( 1 ) The board may reopen, rehear, redetermine, review,
or readjust any claim, decision, or adjustment either because an injury
has proven more serious or less serious than it was deemed to be, or
because a change has occurred in the condition of a workman or in the
number, circumstances or condition of dependents or otherwise. And
in any case where the board is of opinion that any person entitled to
compensation under this part is leading an immoral or improper life,
the board shall have power, after due inv estigation, to withhold or
suspend compensation for such period as the board deems proper.
Where compensation is so withheld or suspended, it shall be paid to
the other dependents, if any, or to such of the other dependents as the
board deems advisable.
Children unlaw(2) The board may withhold compensation payable to a parent with
fully employed. reSp e c ^ to the death of any child under the age of 14 years where the
employment of such child was unlawful by virtue of any statute.
S e c . 4 7 . Where the workman was at the date of the accident under
twenty-one years of age and the review takes place more than six
months after the accident, the amount of a periodical payment may be
increased to the sum to which he would have been entitled if his
average earnings had at the date of the accident been equal to what,
if he had not been injured, he would probably have been earning at
the date of the review.
Medical examiS e c . 48. ( 1 ) The board may from time to time require that any

M in ors.

na 10ns.

workman applying for or receiving compensation payments shall submit
to medical examination by the board or its duly appointed officers;

TEXT OF LAW S— ISTOYA SCOTIA.

1135

and in default of such requirement being complied with, may withhold
such compensation payments.
( 2)
The board may require such proof from time to time of the ex
istence and condition of any dependents in receipt of compensation
payments as may be deemed by the board necessary.
S ec . 49. The compensation provided for in this act shall be paid Accident fund,
out of a fund to be called “ the accident fund.”
S e c . 50. For the purpose of creating and maintaining the accident Classes of in*
fund, all industries within the scope of this part shall, subject to secies*
tions 51 and 52, he divided into the following classes:
Class 1 . Lumbering, logging, sawmills, manufacture of pulp or
paper.
Class 2 . Woodworking, planing mills, furniture factories, piano or
organ factories, cooperage.
Class 3. Coal mining."
Class 4. Mining (other than coal), reduction of ores and smelting,
quarrying, manufacture of brick or lime.
Class 5. Manufacture of iron and steel, and iron and steel products.
Class 6 . Car shops, manufacture of vehicles.
Class 7. Manufacture of compounds, paints, chemicals, liquors, or
beverages.
Class 8 . Manufacture of leather, leather goods, rubber or rubber
goods.
Class 9. Flour milling and handling of grain, canning, pork packing,
manufacture of food products, tobacco, and tobacco products.
Class 10. Manufacture of cloth, textiles, and clothing.
Class 11. Printing, lithographing, engraving; manufacture of sta
tionery.
Class 12. Teaming, cartage, warehousing, and storage.
Class 13. Construction of buildings and wooden ships; mason work,
structural carpentry, plumbing, and painting.
Class 14. Steel erection, steel bridge building, steel shipbuilding.
Class 15. Road making, sewer construction, excavation.
Class 16. Subaqueous construction, dredging, pile driving.
Class 17. Construction and operation of electric railways, electric
power lines, and appliances.
<
Class 18. Construction and operation of telegraphs and telephones.
Class 19. Construction and operation of steam railways. .
Class 20. Navigation and stevedoring.
S e c . 51. The board may by regulation rearrange any of the classes Adjustment of
mentioned in section 50 or withdraw from any class, any industry or classesgroup of industries included therein, and transfer such industry or
group of industries to any other class, or form it into a separate class or
may make new classes, or exclude any industry from the operation of
Part I, or add any industry to those mentioned in section 3.
Sec. 52. The board shall assign every industry within the scope of Duty of board,
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 of its principal or chief department, or may,
for the purpose of this act, divide such industry into two or more de
partments, assigning each of such departments to its proper class.
S e c . 53. [Repealed.]
S ec . 54. (1) The board shall every year assess and levy upon and Assessments,
collect from the employers in each class by an assessment rated upon
the pay roll, or otherwise as the board may deem proper, sufficient
funds to meet all claims payable during the year; and in case of refusal
or neglect to furnish a pay roll, statement, or estimate, the board shall
have power to make its own estimate of the amount of the pay roll of
such employer for the purpose of making a provisional assessment.
( 2)
The board may fix an amount not to exceed $5 as the minimum
amount of any assessment made under this part upon any employer
with respect to any industry carried on by him during any calendar
year.
Sec. 55. Separate accounts shall be kept of the amounts collected Separate a©and expended in respect of every class and of every fund set aside by coun 3‘
way of reserve, but for the purpose of paying compensation the accident
fund shall, nevertheless, be deemed one and indivisible.

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S e c . 56. (1) The board may, in addition to the amount actually re
quired in each class for the year, assess, levy, and collect from any
class or classes a surcharge or surcharges to be set aside as a reserve or
reserves; (a) by way of providing a contingent fund in aid of indus
tries or classes which may become depleted or extinguished; or (b) by
way of providing a sinking fund for the capitalization of periodical
compensation payments payable in future years; or (c) by way of set
ting up a reserve fund for the equalizing of assessments; or (d) for the
purpose of raising a special fund to be used to meet the loss arising
from any disaster or other circumstance which in the opinion of the
board would unfairly burden the employers in any class.
(2) The board may, in respect of any industry or class where it is
deemed expedient, assess, levy, and collect in each year a sufficient
amount to provide capitalized reserves which shall be deemed suffi
cient to meet the periodical payments accruing in future years in
respect of all accidents during such year.
(3) Upon any such change being made as provided in section 52, the
board may make such adjustment and disposition of the funds, re
serves, and accounts of the classes affected as may be deemed just and
expedient.
Employers to
S e c . 57. (1) Every employer shall pay into the accident fund such
pay*
assessments as may be levied by the board, and if any assessment or
any part thereof is not duly paid in accordance with the terms of the
levy, the board shall have a right of action against the employer in
respect of any amount unpaid, together with costs of such action.
Form, etc., of
(2) Assesments may be made in such manner and form, and at
assessments.
such times and by such procedure as the board may deem adequate
and expedient, and may be general as applicable to any class or sub
class, or special as applicable to any industry or part or department of
an industry.
„ Temporary in- ( 3) Where an employer engages in any industry within the scope
dustnes.
of this part, the board, if of opinion that the industry is to be carried
on only temporarily, may require the employer to pay or to give
security for the payment to the board of a sum, which in the opinion of
the board will be sufficient to pay all assessments that the board may
make with respect to, such industry, and the payment of such amount
may be enforced as provided by section 68.
Defaults,
(4) In any case where an employer makes default in the payment
of an assessment, and an execution issued upon a judgment, entered
with respect to such assessment, is returned with a certificate from
a sheriff or his deputy that he was unable to wholly satisfy the same,
and the judgment debtor continues to carry on an industry within the
scope of this part in which workmen are employed, any judge of the
supreme court, upon an application made on behalf of the board by
chambers summons, without the issue of any writ or the commence
ment of any action, may restrain such judgment debtor from carrying
on any industry, within the scope of this part, until the amount due on
such execution and all assessments made by the board and the costs of
the application be paid.
- Notice of asS e c . 58. The board shall give notice to each employer, in such man
sessments.
ner as may be deemed by the board proper and sufficient, of the amount
of the assessments due from time to time in respect of his industry or
industries, and the time or times when such assessments are due and
payable.
Employers to
S ec . 59. Notwithstanding any provision of this part respecting esti
pay.
mates of pay rolls and notice to employers, it shall be the duty of every
employer, without demand from the board, to cause to be paid to the
board the full amount of every assessment assessed or levied in accord
ance with this part, in respect to workmen in his employ within the
scope of this part.
Subclasses, etc.
S e c . 60. The board may establish such sub classifications, differ
entials, and proportions in the rates as between the different kinds of
employment in the same class as may be deemed just; and where any
particular industry is shown to be so circumstanced or conducted that
the hazard is greater than the average of the class to which such indus
try is assigned, the board may impose upon such industry a special rate,
differential, or assessment to correspond with the excessive hazard of
such industry.
Reserves.

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S e c . 61. If in any class the estimated assessment shall prove insuffi- Added assess
ment, the board may make such further assessments and levies as may mentsbe necessary, or may temporarily advance the amount of any deficiency
out of any reserve, and may add such amount to any subsequent assess
ment or assessments.
S e c . 642. Assessments may, wherever it is deemed expedient, be Installments,
collected in half-yearly, quarterly, or monthly installments, or other
wise; 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.
S ec . 63. In each year, as soon as the necessary information is ob- Adjustments,
tained, the amo’unt of the assessment for the preceding calendar year
shall be adjusted upon the actual requirements of the class and upon
the correctly ascertained pay roll of each industry, and the employer
shall upon demand of the board 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.
S e c . 64. Where in any industry a change of ownership or employer- Change of ownship has occurred, the board may levy any part of such deficiency or the ershipamount due upon any assessment on either or any of such successive
owners or employers, or pay or credit to any one or more of such owners
or employers such surplus as the case may require, but as between or
amongst such successive owners or employers the assessment in respect
of such employment shall in the absence of an agreement between the
respective owners or employers determining the same, be apportionable,
as nearly as may be, in accordance with the proportions of the pay rolls
of the respective periods of ownership or employment.
S e c . 65. In computing and adjusting the amount of the pay roll of Computing pay
any industry, regard shall be had only to such portion of the pay roll as
*
represents workmen and work within the scope of this part, but the
board may by regulation exclude the salary or wages of any officer in
excess of an amount to be stated in such regulation.
S e c . 66. (1) Every employer shall, on or before a date to be fixed by Estimates to be
the governor in council, or whenever thereafter he shall have become ms
an employer within the meaning of this act, or whenever required from
time to time by the board so to do, cause to be furnished to the board
an estimate or estimates of the probable amount of the pay roll of each
of his industries within the scope of this part, together with such further
and other information as may be required by the board for the purpose
of assigning such industry to the proper class or classes, and of making
the assessments hereunder, and shall likewise at or after the close of
each calendar year, or at such other times as may be required by the
board, furnish certified copies or reports of his pay roll or pay rolls,
verified by statutory declaration, for the purpose of enabling the board
to adjust and compute the amount of the assessment as provided in
section 65.
( 2 ) The assessors appointed under the assessment act and the board Duty of assessof assessors for every city shall yearly within ten days after the com- orS*
pletion of the assessment roll make a return to the board upon forms
provided by the board for the purpose, showing the names, addresses,
nature of business, and usual number of employees, if known, of all
employers of labor carrying on any industry or business, other than a
farming or mercantile business within the district of such assessor, and
any other information the board may require
(3) Within three days after the granting of any building permit in Public works,
any municipality, city, or town, written notice thereof shall be given to
the board by the person whose duty it is to keep a record of such permits.
(4) Every employer shall keep in such form and with such detail as Wage accounts,
may be required for the purposes of this act a careful and accurate
account of all wages paid to his employees. And such account shall be
kept within the Province and shall be produced to the board or its
officers when required.
(5) Upon the refusal, neglect, or failure of an employer to furnish Violatiors.
verified copies or reports of his pay roll as required by this section, or
such statements as the board may require of the actual amount of wages
paid and other allowances made to workmen, verified by statutory
declaration, or if the employer refuses, neglects or fails to keep or to
produce for inspection or for the purpose of being audited, proper and
177982°—21— Bull. 272------ 72

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sufficient accounts of all wages paid and other allowances made to work
men, the board, in addition to any penalty for which the employer may
be liable may of its own motion make an estimate of the amount of such
wages and other allowances, and such estimate of the board shall, except
in so far as the board may revise or change same, be final and conclu
sive for the purpose of making any assessment or of adjusting the
amount that such employer should pay.
Who to make
( 6 ) Every person, though not an employer, or not an employer
reports.
carrying on an industry within the scope^ of this part, shall, whenever
required, make a return to the board stating whether he has or has not
employed workmen during any period, since January 1st, 1917, that
the board may designate, and if he has employed workmen he shall
state in such return the nature of the industry in which they were
employed, and furnish such other information as the board may require.
Default in asgEc. 67. (1) If an assessment or a special assessment is not paid at
sessmen s.
^ime 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 the regulations or
may be determined by the board, and such percentage may be added
to the amount of the assessment and payment enforced as provided by
section 68 .
R efu sin g to
(2 ) Any employer who refuses or neglects to make or transmit any
make statements, pay ra Q return or other statement required to be furnished by him
under the provisions of section 66 , or who refuses or neglects to pay any
assessment, special or supplementary assessment, or the provisional
amount of 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, of the compensation payable in respect of any accident to a
workman in his employ which happens during the period of such de
fault, and the payment of such amount may be enforced in the same
manner as the payment of 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.
Collection of as- SBC. 68 . Where default is made in the payment of any assessment or
sessmen
any part thereof, or where it is provided by any other section of this
part that an amount or payment may be recovered or enforced in the
same manner as an assessment or as provided by section 68 , the board
may issue its certificate, stating that the assessment was made, or the
matter with respect to which the amount is due or payable, the amount
remaining unpaid on account thereof, and the person by whom it was
payable, and such certificate, or a copy of it certified by the secretary
of the board to be a true copy, may be filed with a clerk" of any county
court, or with any prothonotary of the supreme court, and when so filed
and sealed with the seal of such court shall become an order of that
court, upon which judgment may be entered against such person for
the amount mentioned in the certificate, together with the fees of the
clerk or prothonotary allowable in the case of a default judgment, and
such judgment may be enforced by execution or otherwise as any other
judgment of the court, and such courts shall have jurisdiction with re
spect to the amount mentioned in such certificate whatever it may be.
Access to books. SEC. 69. The board and any member of it, and any officer of the
board or person authorized by it for that purpose, shall have the right
to examine the books and accounts of the employer and to make such
other inquiry as the board may deem necessary for the purpose of
ascertaining whether any statement furnished to the board under the
provisions of section 66 is an accurate statement of the matters which
are required to be stated therein or of ascertaining the amount of the
pay roll of any employer, or of ascertaining whether any industry or
person is under the operation of this part.
Powers as to
S e c . 70. Every member of the board and every officer or person
oa s, e c.
authorized by it to make any examination or inquiry under this act
d u ll have power and authority to require and to take affidavits,
affirmations, or declarations as to any matter of such examination or
inquiry, and to take statutory declarations required under section 66 ;
and in all such cases to administer oaths, affirmations, and declarations
and certify to the same having been made.

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Sec. 71. The board and any member of it and any officer or person Inspection of
authorized by it for that purpose shall have the right at all reasonable Premises*
hours to enter into the establishment of any employer who is liable to
contribute to the accident fund and the premises connected with it,
and every part of them, for the purpose of ascertaining whether the
ways, works, machinery, or appliances therein are safe, adequate, and
sufficient, and whether all proper precautions are taken for the pre
vention of accidents to the workmen employed in or about the estabment or premises, and whether the safety appliances or safeguards
prescribed by law are used and employed therein, or for any other pur
pose which the board may deem necessary for the purpose of deter
mining the proportion in which such employer should contribute to
the accident fund.
S e c . 72. No officer of the board and no person authorized to make an in fo rm a tio n
inquiry under this part shall divulge or allow to be divulged, except in confldentiaL
the performance of his duties or under the authority of the board, any
information obtained by him or which has come to his knowledge in
making or in connection with an inspection or inquiry under this part.
S e c . 73. Where any work within the scope of this part is performed
Public works,
under contract for any municipal corporation or public service com
mission, any assessment in respect of such work may be paid by such
corporation or commission as the case may be, and the amount of such
assessment may be deducted from any moneys due the contractor in
respect of such work.
S e c . 74. (1) Where any work within the scope of this part is underContractors,
taken for any person by a contractor, both the contractor and the
person for whom such work is undertaken shall be liable for the amount
of any assessment in respect thereof, and such assessment may be
levied upon and collected from either of them or partly from one and
partly from the other: Provided, That in the absence of any term in
the contract to the contrary the contractor shall, as between himself
and the person for whom the work is performed, be primarily liable
for the amount of such assessment.
( 2 ) Where any work within the scope of this part is performed under
subcontract, both the contractor and the subcontractor shall be liable
for the amount of the assessments in respect of such work; and such
assessments may be levied upon and collected from either, or partly
from one and partly from the other; Provided, That in the absence of
any term in the subcontract to the contrary, the subcontractor shall
be primarily liable for such assessments.
(3) Any contractor or subcontractor who is not assessed with respect
to the work carried on by him as such contractor or subcontractor, and
the workmen of such contractor or subcontractor may be considered
workmen of the principal with respect to any industry within the
scope of this part.
S e c . 7 5. In the case of a work or service performed by an employer
Mechanics’
in any of the industries within the scope of this part for which the iens>
employer would be entitled to a lien under the mechanics’ lien act,
it shall be the duty of the ow^ner as defined by that act to see that any
sum which the employer is liable to contribute to the accident fund is
paid, and if any such owrner fails to do so he shall be personally liable
to pay it to the board, and the board shall have the like pow'ers and
be entitled to the like remedies for enforcing payment as it possesses
or is entitled to in respect of an assessment.
Sec. 76. (1) There shall be included among the debts which under Preference of
“ the assignments act,” “ the companies’ winding-up act,” and “ th e assessme s'
trustee act,” are, in the distribution of the property in the case of an
assignment or death or in the distribution of the assets of a company
being wound up under the said acts, respectively, to be paid in priority
to all other debts, the amount of any assessment the liability wherefor
accrued before the date of the assignment or death or before the date
of the commencement of the winding up, and the said acts shall have
effect accordingly.
( 2)
The amount of any assessment and any judgment with respect
to same shall be a first lien upon all the property, real, personal, or
mixed, used in or in connection with the industry with respect to
which the employer is assessed, subject only to municipal taxes, and

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the amount levied under execution upon any such judgment to the
extent of the amount due upon such execution shall forthwith be paid
by the sheriff or his deputy to the workmen’s compensation board.
This subsection shall apply to all assessments made or payable after
January 1st, 1917.
(3)
The words “ amount of any assessment and any judgment with
respect to same,” in the first and second lines of the foregoing subsec
tion (2 ), shall include any percentage payable under the authority of
section 67, subsection ( 1) of chapter 1 of the Acts of 1915, as amended
by section 17 of chapter 45 of the Acts of 1918, and the amount due
upon any judgment entered in the manner provided by section 68 of
chapter 1 of the Acts of 1915 as amended by section 18 of chapter 45
of the acts of 1918.
Regulations.
S e c . 77. The board may make such regulations as may be deemed
requisite for the due administration and carrying out of the provisions
of this part, and may prescribe the form and use of such pay rolls, records,
reports, certificates, declarations, and documents as may be requisite.
Penalties.
Sec. 78. The board may prescribe penalties for the violation of any
of the provisions of this act, or for the breach of any rules, regulations,
or orders made under the authority of this act, provided that such
penalties shall be approved by the governor in council.
Recovery.
S e c . 79. The penalties imposed by or under the authority of this part
shall be recoverable under the summary convictions act, or by an
action brought by the board, in any court of competent jurisdiction,
and such penalties when collected shall be paid over to the board, and
shall form part of the accident fund.
Rules of assoS e c . 80. ( 1) Where any association shall make rules for the pre
dations.
vention of accidents in the industry or industries represented by such
association, such rules shall, if approved by the board, be binding on
all the employers included in the class, subclass, or group represented
by such association, whether or not such employers are members of
such association.
(2 ) Where an association under the authority of its rules, appoints
one or more inspectors, engineers, or experts for the purpose of accident
prevention, the board may pay the salary and necessary expenses of
any such inspector, engineer, or expert out of the accident fund and
charge the same to the account of the proper class, subclass, or group.
(3) The board may on the application of any association make an
allowance to such association to meet any expenses of such association
and pay such allowance out of the accident fund and charge the same
to the account of the class, subclass, or group represented by such
association.
Industrial disS e c . 81. (1) Where a workman suffers from an industrial disease and
eases*
is thereby disabled from earning full wages at the work at which he
was employed, or his death is caused by an industrial disease, and the
disease is due to the nature of any employment in which he was en
gaged at any time within twelve months previous to the date of his
disablement, 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 disablement were the hap
pening of the accident, subject to the modifications hereinafter men
tioned, unless at the time of entering into the employment he had
willfully and falsely represented himself as not having previously
suffered from the disease.
(2) If the workman at or immediately before the date of the dis
ablement was employed in any process mentioned in the second col
umn of the schedule hereto, and the disease contracted is the disease
in the first column of the schedule set opposite to the description of
the process, the disease shall be deemed to have been due to the na
ture of that employment unless the contrary is proved.
(3) Nothing m this section shall affect the right of a workman to
compensation in respect of a disease to which this section does not
aPPty> if the disease is the result of an injury in respect of which he is
entitled to compensation under this part.
Act in effect.
Sec. 82. The provisions of this part relating to the organization of
the board, the classification of industries, and levying and collecting
of assessments, or any of them, shall become effective from and after

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a day to be named in a proclamation by the governor in council: The
provisions of this part respecting the payment of compensation and the
right of the workman thereto shall become effective from and after a
day to be named in any subsequent proclamation by the governor in
council, and compensation shall be payable in respect of injuries
occurring on and after the day named in such last-mentioned procla
mation, on which day also the workmen’s compensation act, chapter
3 of the Acts of 1910, and amendments thereto, shall stand repealed.
S e c . 83. This part shall not apply to farm laborers, or domestic or
menial servants, or their employers.
Part

II.

[This is a liability statute for industries not under P art I.]
SCHEDULE OF IN D U STRIAL D IS E A S E S .

Description of diseases.

Description of process.

Handling of wool, hair, bristles, hides,
and skins.
Lead poisoning or its se Any process involving the use of lead or
its preparations or compounds.
quelae.
Mercury poisoning or its Any process involving the use of mercury
or its preparations or compounds.
sequelae.
Phosphorus poisoning or Any process involving the use of phos
its sequelae.
phorus or its preparations or compounds.
Arsenic poisoning or its se Any process involving the use of arsenic
or its preparations or compounds.
quelae.
Ankylostomiasis................. Mining.
Subcutaneous cellulitis of Mining.
the hand (beat hand)
Subcutaneous c e l l u l i t i s Mining.
over the patella (miners’
beat knee).
Acute bursitis over the el Mining.
bow (miners’ beat elbow).

Anthrax.

Passed April 23, 1915.

1141

Exemptions.

ONTARIO.
ACTS OF 1914.
(4 George V.)

Chapter 25.— Compensation o f workmen for injuries,15
Title.

Section 1 . This act may be cited as the workmen’s compensation

Definitions.

Sec. 2. ( 1 ) In this act—

(a) “ Accident ” shall include a willful and an intentional act, not
being the act of the workman and a fortuitous event occasioned by a
physical or natural cause.
(b) “ Accident fund” shall mean the fund provided for the payment
of compensation, outlays and expenses under this act in respect of
schedule 1 .
(c) “ Board” shall mean workmen’s compensation board,
(d) 11Construction ” shall include reconstruction, repair, alteration,
and demolition.
(e) “ Dependents ” shall mean such of the members of the family of a
workman as were wholly or partly dependent upon his earnings at the
time of his death or who but for the incapacity due to the accident
would have been so dependent.
(/) “ Employer” shall include every person having in his service
under a contract of hiring or apprenticeship, written or oral, express
or implied, any person engaged in any work in or about an industry,
and where the services of a workman are temporarily let or hired to
another person by the person with whom the workman has entered into
such a contract the latter shall be deemed to continue to be the em
ployer of the workman whilst he is working for that other person.
(g) “ Employment” shall include employment in an industry or
any part, branch, or department of an industry.
(h) “ Industrial disease ” shall mean any of the diseases mentioned in
schedule 3, and any other disease which by the regulations is declared
to be an industrail disease.
(i) “ Industry” shall include establishment, undertaking, trade,
and business.
(j) “ Invalid” shall mean physically or mentally incapable of earn
ing.
(&)
“ Manufacturing” shall include making, preparing, altering,
repairing, ornamenting, printing, finishing, packing, assembling the
parts of and adapting for use or sale any article or commodity.
' (I) “ Medical referee” shall mean medical referee appointed by the
board.
(m) “ Member of the family” shall mean and include wife, husband,
father, mother, grandfather, grandmother, stepfather, stepmother,
son, daughter, grandson, granddaughter, stepson, stepdaughter, brother,
sister, half brother and half sister, and a person who stood in loco parentis
to the workman or to whom the workman stood in loco parentis, whether
related to him by consanguinity or not so related, and where the work
man is the parent or grandparent of an illegitimate child, shall include
such child, and where the workman is an illegitimate child shall in
clude his parents and grandparents.
(n) “ Outworker” shall mean a person to whom articles or materials
are given out to be made up, cleaned, washed, altered, ornamented,
finished, repaired, or adapted for sale in his own home or on other
premises not under the control or management of the person who gave
out the articles or materials.
(o)
“ Regulations” shall mean regulations made by the board under
the authority of this act.
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15 With amendments to 1919, inclusive.

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1143

(p) “ Workman” shall include a person who has entered into or
works under a contract of service or apprenticeship, written or oral,
express or implied, whether by way of manual labor, or otherwise,
but when used in Part I shall not include an outworker, or an executive
officer of a corporation.
(2) The exercise and performance of the powers and duties of (a) a Public employmunicipal corporation; (b) a public utilities commission; (c) a n y me s*
other commission having the management and conduct of any work
or service owned by or operated for a municipal corporation; (d) the
board of trustees of a police village; and (e) a school board, shall for
the purposes of Part I be deemed the trade or business of the corpora
tion, commission, board of trustees, or school board, but the obliga
tion to pay compensation under Part I shall apply only to such part
of 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 in
schedule 1 or schedule 2 , and to workmen employed in or in connec
tion therewith.
P a r t I.
S e c . 3. (1) Where in any employment to which this part applies Compensation,
personal injury by accident arising out of and in the course of the em
ployment is after a day to be named by proclamation of the lieutenant
governor in council caused to a workman his employer shall be liable
to provide or to pay compensation in the manner and to the extent
hereinafter mentioned except where the injury (a) does not disable . s.hort time inthe workman for the period of at least seven days from earning full 3imes‘
wages at the work at which he was employed; or (b) is attributable Willful misconsolely to the serious and willful misconduct of the workman unless the
injury results in death or serious disablement.
(2) Where the accident arose out of the employment, unless the Presumptions,
contrary is shown, it shall be presumed that it occurred in the course
of the employment, and where the accident occurred in the course of
the employment, unless the contrary is shown, it shall be presumed that
it arose out of the employment.
(3) Where compensation for disability is payable it shall be comPayment for
puted and be payable from the date of the disability.
fulltime.
(4 ) This section shall not apply to a person whose employment is of Casual empioya casual nature, and who is employed otherwise than for the purposes of mentthe employer’s trade or business.
S e c . 4 . Employers in the industries for the time being included in Employers liaschedule 2 shall be liable individually to pay the compensation.
b e>
S e c . 5. Employers in the industries for the time being included
Payments
to
in schedule 1 shall be liable to contribute to the accident fund as fundhereinafter provided, but shall not be liable individually to pay the
compensation.
S e c . 6. (1) Where an accident happens while the workman is Accjdents outemployed elsewhere than in Ontario, which would entitle him or his side Province*
dependents to compensation under this part if it had happened in
Ontario, the workman or his dependents shall be entitled to compen
sation under this part (a) if the place or chief place of business of the
employer is situate in Ontario, and the residence and the usual place
of employment of the workman are in Ontario, and his employment
out of Ontario has lasted less than six months; or ( 6) if the accident
happens on a steamboat, ship or vessel, or on a railway, and the work
man is a resident of Ontario and the nature of the employment is such
that in the course of the work or service which the workman performs
it is required to be performed both within and without Ontario.
(2) Except as provided by subsection 1, no compensation shall be
payable under this part where the accident to the workman happens
while his place of employment is elsewhere than in Ontario.
(3) Compensation payable in respect of an accident happening else
where than in Ontario shall, except where the employer has fully contrib
uted to the accident fund in respect of all the wages of workmen in his
employ who are engaged in the business or work in which the accident
happens, be paid by the employer individually, and the business or
work carried on elsewhere than in Ontario by an employer who has not
so contributed to the accident fund shall be deemed to be in schedule 2 .

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gEC. 7. (1) Where by the law of the country or place in which the
accident happens the workman or his dependents are entitled to com
pensation in respect of it they shall be bound to elect whether they will
claim compensation under the law of such country or place or under
this part and to give notice of such election, and if such election is not
made and notice given it shall be presumed that they have elected not
to claim compensation under this part.
( 2) Notice of the election, where the compensation under this part is
payable by the employer individually, shall be given to the employer,
and where the compensation is payable out of the accident fund to the
board and shall be given in both cases within three months after the
happening of the accident, or in case it results in death, within three
months after the death or within such longer period as either before or
after the expiration of such three months the board may allow.
Nonresident S e c . s. (1) Where a dependent is not a resident of Ontario he shall
beneficiaries.
not be entitled to compensation unless by the law of the place or country
in which he resides the dependents of a workman to whom an accident
happens in such place or country if resident in Ontario would be en
titled to compensation, and where such dependents would be entitled
to compensation under such law the compensation to which the non
resident dependent shall be entitled under this part shall not be greater
than the compensation payable in the like case under that law.
Exception.
( 2 ) Notwithstanding the provisions of subsection 1 the board may
award such compensation or sum in lieu of compensation to any such
nonresident dependent as may be deemed proper, and may pay the
same out of the accident fund, or order it to be paid by the employer,
as the case may be.
Alien enemies.
(3) No resident of an enemy country, or of a country voluntarily
withdrawn from alliance with the British Empire during the great war,
or of a country in default of establishing peaceful and harmonious re
lations with the British Empire, shall be entitled to compensation under
this act.
Third persons.
S e c . 9. (1) Where an accident happens to a workman in the course
of his employment under such circumstances as entitle him or his de
pendents 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) If an action is brought and less is recovered and collected than the
amount of the compensation to which the workman or his dependents
are entitled under this part the difference between the amount recov
ered and collected and the amount of such compensation shall be pay
able as compensation to such workman or his dependents.
(3) If the workman or his dependents elect to claim compensation
under this part the employer, if ne is individually liable to pay it, and
the board if the compensation is payable out of the accident fund shall
be subrogated to the rights of the workman or his dependents and may
maintain an action in his or their names against the person against
whom the action lies and any sum recovered from him by the board
shall form part of the accident fund.
(4) The election shall be made and notice of it shall be given within
the time and in the manner provided by section 7.
Third
person
(5) No employer in schedule 1 and no workman of an employer in
under act.
schedule 1 or dependent of such workman shall have a right of action
against any employer in schedule 1 in any case within the provisions
of subsection 1 . but in any case where it appears to the satisfaction of
the board that a workman of an employer in any class in schedule 1 is
injured or killed owing to the negligence of an employer or the work
man of an employer in another class in schedule 1 , the board may direct
that the compensation awarded in any such case shall be charged against
the class to which such last-mentioned employer belongs.
Contractors.
S e c . 1 0 . ( 1 ) The workman of a contractor or subcontractor executing
any work in or for the purposes of an industry under Part I of thisact,
carried on by another person, in this section referred to as the principal,
shall be deemed to be the workman of the principal unless and until
such contractor or subcontractor is, in respect of such work, assessed,
or added and assessed, as the case may be, as an employer in schedule 1,
or, in cases where such contractor or subcontractor is, in respect of such
work, individually liable for payment of compensation, unless and until
Employee

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the board finds and declares that the responsibility of such contractor
or subcontractor is sufficient protection to his workmen for the benefits
provided for by the act.
(2 )
Where a principal has made payment of assessment or compen
sation or furnished medical aid which but for subsection 1 he would
not have been liable to pay or furnish, he shall be entitled to reim
bursement from the contractor or subcontractor to such extent as the
board finds such contractor or subcontractor would have been liable.
. (3) Where a person, whether carrying on an industry included in Principal liable,
schedule 1 or not, in this section referred to as the principal, contracts
with any other person, in this section referred to as the contractor, for
the execution by or under the contractor of the whole or any part of any
work for the principal, it shall be the duty of the principal to see that
any sum which the contractor or any subcontractor is liable to contribute
to the accident fund is paid, and if any such principal fails to do so he
shall be personally liable to pay it to the board, and the board shall have
the like powers and be entitled to the like remedies for enforcing pay
ment as it possesses or is entitled to in respect of an assessment.
(4) [Repealed.]
(5) Where the principal is liable to make payment to the board under Recoupment,
subsection 3 he shall be entitled to be indemnified by any person who
should have made such payment and shall be entitled to withhold out
of any indebtedness due to such person a sufficient amount to answer
the same, and all questions as to the right to and the amount of any such
indemnity shall be determined by the board.
( 6) Nothing in this section shall prevent a workman claiming com- Rights of workpensation or the board collecting contribution to the accident fund men*
from the.contractor or any subcontractor instead of the principal.
S ec . 11. Where compensation is payable out of the accident fund, a Members of emmember of the family of an employer, or the dependents of such mem- PlQyers »ainily*
ber, shall not be entitled to compensation unless such member was at
the time of the accident carried on the pay roll of the employer and
his wages were included in the then last statement furnished to the
board under section 78 nor for the purpose of determining the compen
sation shall his earnings be taken to be more than the amount of his
wages, as shown by such pay roll and statement.
Sec. 12. Where compensation is payable out of the accident fund Insurance of emand an employer carries himself on his pay roll or an executive officer p yer*
of a corporation is carried on the pay roll of the corporation at a salary
or wage which the board deems reasonable, but not exceeding the rate
of $2,000 per annum, and it is stated in the pay-roll statement furnished
to the board under section 78 that it is desired that such employer or
executive officer shall be included as a workman, and the amount of his
salary or wages is shown in the said statement and included in the esti
mate for the year, such employer or executive officer shall be deemed
to be a workman within the meaning of this act, and he or his depend
ents shall be entitled to compensation accordingly, but for the purpose
of determining the compensation his earnings shall not be taken to be
more than the amount of his salary or wages as shown by such pay roll
and statement.
Sec. 13. No action shall lie for the recovery of the compensation Suits forbidden,
whether it is payable by the employer individually or out of the acci
dent fund, but all claims for compensation shall be heard and deter
mined by the board.
S e c . 14. If a workman receiving a weekly or other periodical pay- Beneficiary
ment ceases to reside in Ontario he shall not thereafter be entitled to vmg
vmce‘
receive any such payment unless a medical referee certifies that the
disability resulting from the injury is likely to be of a permanent
nature and if a medical referee so certifies and the board so directs the
workman shall be entitled quarterly to the amount of the weekly or
other periodical payments accruing due if he proves in such manner as
may be prescribed by the regulations his identity and the continuance
of the disability in respect of which the same is payable.
S ec . 15. (1) The provisions of this part shall be in lieu of all rights .Remedy excluand rights of action, statutory or otherwise, to which a workman or his sive‘
dependents are or may be entitled against the employer of such workman
for or by reason of any accident happening to him on or after the first day

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of January, 1915, while in the employment of such employer, and no
action in respect thereof shall lie.
(2) Any party to an action may apply to the board for adjudication
and determination of the question of the plaintiff’s right to compensa
tion under this part, or as to whether the action is one the right to bring
which is taken away by this part, and such adjudication and determi
nation shall be final and conclusive.
Waivers.
S e c . 16. It shall not be competent for a workman to agree with his
employer to waive or to forego any of the benefits to which he or his
dependents are or may become entitled under this part, and every agree
ment to that end shall be absolutely void,
Agreements to
S e c . 17. ( 1 ) Where the compensation is payable by an employer
be approved.
individually no agreement between a workman or dependent and the
employer for fixing the amount of the compensation or by which the
workman or dependent accepts or agrees to accept a stipulated sum in
lieu or in satisfaction of it shall be binding on the workman or depend
ent unless it is approved by the board.
( 2 ) Subsection 1 shall not apply to compensation for temporary dis
ability lasting for less than four weeks, but in such cases the board may,
on the application of the workman or dependent, or of its own motion,
set aside the agreement on such terms as may be deemed just.
(3) Nothing in this section shall be deemed to authorize the making
of any such agreement except with respect to an accident that has hap
pened and the compensation to which the workman or dependent has
become entitled because of it.
Deductions
S e c . 18 . (1 ) It shall not be lawful for an employer, either directly
from wages.
or indirectly, to deduct from the wages of any of his workmen any part
of any sum which the employer is or may become liable to pay to the
workman as compensation under this part or to require or to permit any
of his workmen to contribute in any manner toward indemnifying the
employer against any liability which he has incurred or may incur
under this part.
Penalty.
( 2 ) Every person who contravenes any of the provisions of subsec
tion 1 shall for every such contravention incur a penalty not exceeding
$50, and shall also be liable to repay to the workman any sum which has
been so deducted from his wages or which he has been required or per
mitted to pay in contravention of subsection 1 .
Assignm ents,
S e c . 19. Unless with the approval of the board no sum payable as
compensation or by way of commutation of any weekly or other periodi
cal payment in respect of it shall be capable of being assigned, charged,
or attached, nor shall it pass by operation of law except to a personal rep
resentative, nor shall any claim be set off against it.
Notice of acciS e c . 20. (1) Subject to subsection5 compensation shall not be payable
unless notice of the accident is given as soon as practicable after the
happening of it and before the workman has voluntarily left the em
ployment in which he was injured and unless the claim for compensa
tion is made within six months from the happening of the accident, or
in case of death within six months from the time of death.
( 2 ) The notice shall give the name and address of the workman, and
shall be sufficient if it states in ordinary language the cause of the
injury and where the accident happened.
(3) The notice may be served by delivering it at or sending it by reg
istered post addressed to the place of business or the residence of the
employer, or where the employer is a body of persons, corporate or un
incorporate, by delivering it at or sending it by registered post ad
dressed to tne employer at the office, or if there are more offices than one,
at any of the offices of such body of persons.
(4) Where the compensation is payable out of the accident fund the
notice shall also be given to the board by delivering it to or at the office
of the secretary or by sending it to him by registered post addressed to
his office.
(5) Failure to give the prescribed notice or to make such claim or any
defect or inaccuracy in a notice shall not bar the right to compensation
if in the opinion of the board the employer was not prejudiced thereby
or where the compensation is payable out of the accident fund if the
board is of opinion that the claim for compensation is a just one and
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Sec. 21. (1) A workman who claims compensation, or to whom Medical examicompensation is payable under this part, shall, if so required by hisna lons*
employer, submit himself for examination b y a duly qualified medical
practitioner provided and paid for by the employer, and shall, if so
required by the board, submit himself for examination by a medical
referee.
(2) A workman shall not be required at the request of his employer
to submit himself for examination otherwise than in accordance with
the regulations.
Sec. 22 . ( 1) Where a workman has upon the request of his employer Referees,
submitted himself for examination, or has been examined by a duly
qualified medical practitioner selected by himself, and a copy of the
report of the medical practitioner as to the workman’ s condition has
been furnished in the former case by the employer to the workman and
in the latter case by the workman to the employer, the board may, on the
application of either of them, refer the matter to a medical referee.
(2 ) The medical referee to whom a reference is made under the next
preceding subsection, or who has examined the workman by the direc
tion of the board under subsection 1 of section 21 , shall certify to the
board as to the condition of the workman and his fitness for employ
ment, specifying where necessary the kind of employment, and if unfit,
the cause of such unfitness, and his certificate, unless the board other
wise directs, shall be conclusive as to the matters certified.
(3) If a workman does not submit himself for examination when Obstructing,
required to do so as provided by subsection 1 of section 2 1 , or on being
exammarequired to do so does not submit himself for examination to a medical
referee under that subsection or under subsection 1 of this section,
or in any way obstructs any examination, his right to compensation,
or if he is in receipt of a weekly or other periodical payment his right
to it shall be suspended until such examination has taken place.
Sec. 22a. Where in any case, in the opinion of the board, it will be Special medical
in the interest of the accident fund to provide a special Surgical operas rea men *
tion or other special medical treatment for a workman, and the fur
nishing of the same by the board is in the opinion of the board the only
means of avoiding heavy payment for permanent disability, the ex
pense of such operation or treatment may be paid out of the accident
fund.
Sec. 23. Any weekly or other periodical payment to a workman may be Review,
reviewed at the request of the employer or of the workman, if the
compensation is payable by the employer individually, or, if the com
pensation is payable out of the accident fund, of the board’s own
motion or at the request of the workman, 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.
S e c . 2 4 . Where the workman was at the date of the accident under Minors,
twenty-one years of age and the review takes place more than six
months after the accident the amount of a weekly payment may be
increased to the sum to which he would have been entitled if his aver
age earnings had at the date oi the accident been equal to what if he
had not been injured he would probably have been earning at the date
of the review.
S e c . 2 5. (1) Where the compensation is payable by an employer Lump sums,
individually, the employer may, with the consent of the workman or
dependent to whom it is payable and with the approval of the board,
but not otherwise, and where it is payable out of the accident fund,
the board may commute the weekly or other periodical payments
payable to a workman or a dependent for a lump sum.
( 2 ) Where the lump sum is payable by the employer individually
it shall be paid to the board.
(3) The lump sum may be (a) applied in such manner as the work
man or dependent may direct; ( 6 ) paid to the workman or dependent;
(c) invested by the board and applied from time to time as the board
may deem most for the advantage of the workman or dependent;
(d) paid to trustees, to be used and employed upon and subject to such
trusts and for the benefit of such persons as, in case it is payable by the
employer individually, the workman or dependent directs and the
board approves, or, if payable out of the accident fund, as may be

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desired by the workman or dependent and approved by the board;
(e) applied partly in one and partly in another or others of the modes
mentioned in clauses (a), (&}, (c), and (<?), ‘as the board may determine.
(4)
Where^the compensation is payable out of the accident fund the
board may, in any case where in its opinion the interest or pressing
need of the workman or dependent warrants it, advance or pay to or for
the workman or dependent such lump sum as the circumstances warrant
and as the board may determine.
Lump sums.
S e c . 26. (1) Where a weekly or other periodical payment is payable
by the employer individually and has been continued for not less than
six months, the board may on the application of the employer allow the
liability therefor to be commuted by the payment of a lump sum of
such an amount as, if the disability is permanent, would purchase an im
mediate annuity from a life insurance company approved by the board
equal to seventy-five per cent of the annual value of the weekly or
other periodical payments, and in other cases of such an amount as the
board may deem reasonable.
( 2 ) The sum for which a payment is commuted under subsection 1
shall be paid to the board and shall be dealt with in the manner provided
by section 25.
Duty of insur- Sec. 27. ( 1) Where an employer insured by a contract of insurance
ance company. 0f an ingurance company or any other underwriter is individually liable
to make a weekly or other periodical payment to a workman or his de
pendents and the payment has continued for more than six months the
liability shall, if the board so directs before the expiration of twelve
months from the commencement of the disability of the workman or
his death, if the accident resulted in death, be commuted by the pay
ment of a lump sum in accordance with the next preceding section, and
the company or underwriter shall pay the lump sum to the board and
it shall be dealt with in the manner provided by section 25.
(2 )
This section shall not apply to a contract of insurance entered
into before the passing of this act.
Deposits by emS e c . 28. The board may require an employer who is individually
pioyers.
liable to pay the compensation to pay to the board a sum sufficient to
commute in accordance with section 26 any weekly or other periodical
payments which are payable by the employer, and such sum shall
be applied by the board in the payment of such weekly or other
periodical payments as they from time to time become payable, but
if the sum paid to the board is insufficient to meet the whole of such
weekly or other periodical payments the employer shall nevertheless
be liable to make such of them as fall due after the sum paid to the
board is exhausted, and if the sum paid is more than sufficient for
that purpose the excess shall be returned to the employer when the
right to compensation comes to an end unless otherwise ordered by
the board.
Insurance.
S e c . 29 . The board may require an employer who is individually
liable to pay the compensation to insure his workmen and keep them
insured against accidents in respect of which he may become liable to
pay compensation in a company approved by the board for such
amount as the board may direct, and in default of his doing so the board
may cause them to be so insured and may recover the expense incurred
in so doing from the employer in the same way as payment of assess
ments may be enforced.
Payments to
S e c . 30. (1) Where an employer who is individually liable to pay
board.
the compensation is insured against his liability to pay compensation,
the board may require the insurance company or other underwriter to
pay the sum which under the contract of insurance such company or
underwriter would be liable to pay to the employer in respect of an
accident to a workman who becomes, or whose dependents become,
entitled to compensation under this part directly to the board in dis
charge or in discharge pro tanto of the compensation to which such
workman or his dependents are found to be entitiled.
(2)
In any case to which subsection 1 applies where a claim for
compensation is made notice of the claim shall be given to the insur-.
ance company or other underwriter and to the employer, and the board
shall determine not only the question of the right of the workman or
dependent to compensation but also the question whether the whole or

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1149

any part of it should be paid directly by the insurance company or
other underwriter as provided by subsection 1 .
(3)
Section 25 shall apply to the compensation payable to the board
under subsection 1 .
Sec. 31. (1) Where the accident causes permanent disability, either Capital sums,
total or partial, or the death of the workman and the compensation is
payable by the employer individually the board may require the em
ployer to pay to the board such sum as in its opinion will be sufficient,
with the interest thereon if invested so as to earn interest at the rate of
5 per cent per annum, to meet the future payments to be made to the
workman or his dependents, and such sum when paid to the board shall
be invested by it and shall form a fund to meet such future payments.
(2) The board, instead of requiring the employer to make the pay- Security,
ment provided for by subsection 1 , may require him to give such
security as the board may deem sufficient for the future payments.
Sec. 31a. The board may, where it deems it requisite for the prompt Deposits,
payment of claims, require any employer in schedule 2 to make deposits
of money with the board from time to time, out of which the board
may pay compensation for accidents to workmen of such employer as
they occur.
S e c . 32. Where a right to compensation is suspended under the pro- Suspension,
visions of this part no compensation shall be payable in respect of the
period of suspension.
S e c . 33. (!) Where death results from an injury, the amount of the Compensation
compensation shall be—
for death.
(а) The necessary expenses of the burial of the workman, not exceed
ing $75.
( б) Where the widow or an invalid husband is the sole dependent, a
monthly payment of $30.
(c) Where the dependents are a widow or an invalid husband and
one or more children, a monthly payment of $30, with an additional
monthly payment of $7.50, to be increased upon the death of the
widow or invalid husband to $10, for each child under the age of 16
years, not exceeding in the whole $60.
(d) Where the dependents are children, a monthly payment of $10
to each child under the age of 16 years, not exceeding in the whole $60.
(e) Where the dependents are persons other than those mentioned in
the foregoing clauses, a sum reasonable and proportionate to the pecu
niary loss to such dependents occasioned by the death, to be deter
mined by the board, but not exceeding to the parents or parent $20
per month, and not exceeding in the whole $30 per month.
(2 ) In the case provided for by clause (e) of subsection 1 , the pay
ments shall continue only so long as in the opinion of the board it
might reasonably have been expected had the workman lived he
would have continued to contribute to the support of the dependents,
and in any case under the said clause compensation may be made
wholly or partly in a lump sum or by such form of payment as the board
in the circumstances deems most suitable.
(2a) A dependent to whom the workman stood in loco parentis or a
dependent who stood in loco parentis to the workman shall be entitled,
as the board may determine, to share in or receive compensation under
clause (c), clause (d), or clause (e).
(26) Compensation shall be payable to an invalid child without
regard to the age of such child, and payments to such child shall con
tinue so long as in the opinion of the board it might reasonably have
been expected had the workman lived he would have continued to
contribute to the support of such child.
(3) Where there are both total and partial dependents the compen
sation may be allotted partly to the total and partly to the partial
dependents.
(4) Where the board is of opinion that for any reason it is necessary
or desirable that a payment in respect of a child should not be made
directly to its parent, the board may direct that the payment be made
to such person or be applied in such manner as the board may deem
most for the advantage of the child.
(5) Exclusive of the expenses of burial of the workman, the com- Maximum of 55
pensation payable as provided by subsection 1 shall not in any case per cen *

1150

WORKMEN’S COMPENSATION LAWS OF CANADA.

exceed 55 per cent of the average monthly earnings of the workman
mentioned in section 37, and if the compensation payable under that
subsection would in any case exceed that percentage it shall be re
duced accordingly, and where several persons are entitled to monthly
payments the payments shall be reduced proportionately.
M i ni m um
^6 ) Subsection 5 shall not reduce the monthly payment to a widow
ments
Pay" or lnvalid husband lower than $20 , nor, except so far as may be neces
sary to prevent the total monthly payment to all dependents from
exceeding $40, shall it reduce the monthly payment for a child, where
there is also a dependent widow or invalid husband, lower than $5, or
the monthly payment to or for a child, where the sole dependents are
children or where the dependent widow or invalid husband has died,
lower than $10 .
Remarriage of S ec . 34 (1) I f a dependent widow marries the monthly payments
widow.
ker shall cease, but she shall be entitled in lieu of them to a lump
sum equal to the monthly payments for two years and such lump sum
shall be payable within one month after the day of her marriage.
(2) Subsection 1 shall not apply to payments to a widow in respect
of a child.
Payments to S e c . 35. Subject to the provisions of subsection 2b of section 33 a
children.
monthly payment in respect of a child shall cease when the child
attains the age of 16 years or dies.
No dependents.
S e c . 36. Where a workman leaves no dependents such sum as the
board may deem reasonable for the expenses of his medical attendance,
nursing, care, and maintenance, and of his burial shall be paid to the
persons to whom such expenses are due.
Permanent to- Sec. 37. Where permanent total disability results from the injury
disability.
amount 0f the compensation shall be a weekly payment during the
life of the workman equal to 55 per cent of his average weekly earnings
during the previous twelve months if he has been so long employed,
but if not then for any less period during which he has been in the
employment of his employer.
Permanent par- . Sec. 38. (1) Where permanent partial disability results from the
a i y- injury the compensation shall be a weekly payment of 55 per cent of
the deiffrence between the average weekly earnings of 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 lifetime of the
workman.
( 2 ) Where the impairment of the earning capacity of the workman
does not exceed 10 per cent of his earning capacity instead of such
weekly payment the board shall, unless in the opinion of the board it
would not be to the advantage of the workman to do so, direct that such
lump sum as may be deemed to be the equivalent of it shall be paid to
the workman.
(3) Where deemed just the impairment of earning capacity may be
estimated from the nature of the injury, having always in view the
workman’s fitness to continue the employment in which be was injured
or to adapt himself to some other suitable occupation.
Temporary to- S ec . 39. Where temporary total disability results from the injury
disability.
compensation shall be the same as that prescribed by section 37,
but shall be payable only so long as the disability lasts.
Temporary parSec. 40. Where temporary partial disability results from the injury
ial disability.
the compensation shall be the same as that prescribed by section 38,
but shall be payable only so long as the disability lasts and subsection
2 of that section shall apply.
Computing
S e c . 41. ( 1) Average earnings shall be computed in such a manner
earnings.
ag *s |)est calculated to give the rate per week or month at which the
workman was remunerated but not so as in any case to exceed the rate
of $2,000 per annum.
(2 )
Where owing to the shortness of the time during which the work
man was in the employment of his employer, or the casual nature of
his employment or the terms of it, it is impracticable to compute the
rate of remuneration as t>f the date of the accident regard may be had
to the average weekly or monthly amount which during the twelve
months previous to the accident was being earned by a person in the
same grade employed at the same work by the same employer, or if

TEXT OF LAWS— ONTARIO.

1151

there is no person so employed then by a person in the same grade
employed in the same class of employment and in the same locality.
(3) Where the workman has entered into concurrent contracts of
service with two or more employers under which he worked atone time
for one of them and at another time for another of them his average
earnings shall be computed on the basis of what he would probably
have been earning if he had been employed solely in the employment
of the employer for whom he was working at the time of the accident.
(4) Employment by the same employer shall mean employment by
the same employer in the grade in which the workman was employed
at the time of the accident uninterrupted by absence from work due
to illness or any other unavoidable cause.
(5) Where the employer was accustomed to pay the workman a sum
to cover any special expenses entailed on him by the nature of his
employment that sum shall not be reckoned as part of his earnings.
( 6 ) Where in any case it seems more equitable the board may award
compensation, having regard to the earnings of the workman at the time
of the accident.
Sec. 42. ( 1 ) In fixing the amount of a weekly or monthly payment other benefits,
regard shall be had to any payment, allowance, or benefit which the
workman may receive from his employer during the period of his dis
ability, including any pension, gratuity, or other allowance provided
wholly at the expense of the employer.
( 2 ) Where the compensation is payable out of the accident fund
any sum deducted from the compensation under subsection 1 may be
paid to the employer out of the accident fund.
Sec. 43. The board may wherever it is deemed advisable provide Time of P^ythat the payments of compensation may be fortnightly or monthlymen s*
instead of weekly, or where the workman or dependent is not a resident
of Ontario or ceases to reside therein may otherwise fix the periods of pay
ment or commute the compensation as the board may deem proper.
Sec. 43a. The board, for the purpose of enabling the workman to Lump sums,
obtain an artificial limb, or in any other case where it deems it proper,
may at any time or times, make or direct partial commutation or lump
sum payment of his compensation, or otherwise alter the form of pay
ment, as in the circumstances seems most for his advantage.
Sec. 44. Where a workman or a dependent is an infant under the age Minors,
of 2 1 years or under any other legal disability the compensation to
which he is entitled may be paid to such person or be applied in such
manner as the board may deem most for his advantage.
Sec. 44a. (1) Every workman entitled to compensation under this Medical aid.
part, or who would have been so entitled had he been disabled for
seven days, shall be entitled to such medical and surgical aid and
hospital and skilled nursing services as may be necessary as a result
of the injury.
(2 ) In this act 4‘ medical aid” shall mean the medical and surgical
aid and hospital and skilled nursing services above mentioned.
(3) In the industries in schedule 1 such medical aid shall be furnished
or arranged for by the board or as it may direct or approve, and shall
be paid for by the board out of the accident fund, and the necessary
amount shall be included in the assessments levied upon the employers.
(4) In the industries in schedule 2 such medical aid shall be furnished
and paid for by the employers individually, but any employer failing
to furnish satisfactory medical aid shall be liable, by the order of the
board, to pay for such medical aid as may be procured by the workman
or by anyone for him or as may be provided by the board.
(5) All questions as to the necessity, character, and sufficiency of
any medical aid furnished or to be furnished shall be determined* by
the board.
( 6 ) The fees or charges for such medical aid shall not be more than
would be properly and reasonably charged to the workman if himself
paying the bill, and, except in the case of an employer individually
liable and himself furnishing the medical aid, the amount thereof shall be
fixed and determined by the board, and no action for any amount
larger than that fixed by the board shall lie in respect of any medical
aid herein provided for.

1152

WORKMEN’S COMPENSATION LAWS OF CANADA.

(7) It shall not be lawful for any employer directly, or indirectly,
to collect or receive or retain from any workman any contribution to
ward the expense of medical aid, and every person contravening this
provision shall for every such contravention be liable to a penalty
not exceeding $50 and shall also be liable, upon the order of the board,
to reimburse the workman treble the amount of any sum so collected,
received, or retained.
( 8) Where any employer has now or hereafter establishes in connec
tion with any industry carried on by him an arrangement for furnish
ing medical aid to his workmen which in the opinion of the board is at
least as favorable to the workmen as that herein provided for, the board
after investigating the facts and considering the wishes of both work
men and employer, may approve such arrangement, and as long as such
approval remains unrevoked such arrangement may be continued in
lieu of the medical aid herein provided for, and if the industry is in
schedule 1 the employer shall be entitled to such reimbursement out of
the accident fund or to such reduction in his rate of assessment as the
board shall deem just.
(9) Nothing in this act shall affect any obligation upon the employer
under the public health act or any regulation made thereunder, but
notwithstanding anything therein contained the employer shall not be
entitled, directly or indirectly, to collect, receive, or retain from any
workman any contribution toward the expense of medical aid.
(10) Employers in any industries in which it is deemed proper 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 expense thereof as may be
deemed just.
Transportation.
(10a) Every employer shall at his own expense furnish to any work
man injured in his employment, who is in need of it, immediate con
veyance and transportation to a hospital, or to a physician, or to the
workman’s home, and any employer failing so to do shall be liable, by
order of the board, to pay for such conveyance and transportation as
may be procured by the workman or by anyone for him, or as may be
provided by the board.
Other service.
( l l ) Where in conjunction with or apart from the medical aid to
which workmen are to be entitled free of charge further or other service
or benefit is, or is proposed to be, given or arranged for, any question
arising as to whether or to what extent any contribution from workmen
is, or would be, one prohibited by this act shall be determined by the
board.
Reports by phySec. 446. Every physician, surgeon, and hospital official attending,
consulted respecting, or having the care of any workman shall furnish to
sicians.
the board from time to time, without additional charge, such reports as
may be required by the board in respect of such workman.
S e c . 45. There is hereby constituted a commission for the adminis
Board created.
tration of this part to be called “ The Workmen’s Compensation
Board,’ ’ which shall consist of three members to be appointed by the
lieutenant governor in council and shall be a body corporate.
Chairman.
Sec. 46. (1) One of the commissioners shall be appointed by the
lieutenant governor in council to be the chairman of the board, and he
shall hold that office while he remains a member of the board, and
another of the commisisoners shall be appointed by the lieutenant
governor in council vice chairman of the board.
(2) In the absence of the chairman, or in case of his inability to act, or
if there is a vacancy in the office, the vice chairman may act as and
shall have all the powers of the chairman.
Commissioner
S ec . 4 7 .^(1) In the case of the death, illness, or absence from Ontario
pro tempore.
0f a commissioner or of his inability to act from any cause the lieuten
ant governor in council may appoint some person to act pro tempore
in his stead and the person so appointed shall have all the powers and
perform all the duties of a commissioner.
( 2 ) Subsection 1 shall apply in the case of the chairman of the board
as well as in the case of any other member of it.
Acts of vice
S e c . 48. Where the vice chairman appears to have acted for or instead of the chairman it shall be conclusively presumed that he so
chairman.
acted for one of the reasons mentioned in the next preceding subsection.

TEXT OF LAWS----ONTARIO.

1153

S e c . 49. Each commissioner shall, subject to section 50, hold office Term,
during good behavior, but may be removed at any time for cause.
S ec . 50. Unless otherwise directed by the lieutenant governor in Retirement for
council a commissioner shall cease to hold office when he attains the age'
age of 75 years.
S e c . 51. Each of the commissioners shall devote the whole of his To give whole
time to the performance of his duties under this part.
ime'
S e c. 52. The salary of the chairman shall be $10,000 per annum, the Salaries,
salary of the vice chairman shall be $8,500 per annum, and the salary
of the other commissioner shall be $7,500 per annum, and such salaries
shall be payable out of the consolidated revenue fund.
Sec. 53. The presence of two commissioners shall be necessary to Quorum,
constitute a quorum of the board.
Sec. 54. A vacancy in the board shall not if there remain two mem- Same,
bers of it impair the authority of such two members to act.
Sec . 55. The board shall have the like powers as the supreme court Powers,
for compelling the attendance of witnesses and of examining them under
oath, and compelling the production of books, papers, documents, and
things.
S e c . 56. (1) A commissioner shall not directly or indirectly (a) Disquaiificahave, purchase, take, or become interested in any industry, to which this tlonspart applies or any bond, debenture, or other security of the person
owning or carrying it on; (b) be the holder of shares, bonds, deben
tures, or other securities of any company which carries on the business
of employers’ liability or accident insurance; (c) have any interest
iji any device, machine, appliance, patented process, or article which
may be required or used for the prevention of accidents.
(2) If any such industry, or interest therein, or any such share, bond,
debenture, security, or thing comes to or becomes vested in a com
missioner by will or by operation of law and he does not within three
months thereafter sell and absolutely dispose of it he shall cease to hold
office.
S ec . 57. The offices of the board shall be situated in the city of Offices.
Toronto 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 of Ontario.
S e c . 58. The commissioners shall sit at such times and conduct their Sittings,
proceedings in such manner as they may deem most convenient for the
proper discharge and speedy dispatch of business.
S ec . 59. (1) The board shall appoint a secretary and a chief medical Officers,
officer, and may appoint such auditors, actuaries, accountants, in
inspectors, medical referees, other officers, clerks, and servants as the
board may deem necessary for carrying out the .provisions of this part,
and may prescribe their duties and, subject to the approval of the
lieutenant governor in council, may fix their salaries.
(2)
Every person so appointed shall hold office during the pleasure of
the board.
S ec . 60. (1) The board shall have exclusive jurisdiction to examine Jurisdiction,
into, hear, and determine all matters and questions arising under this
part and as to any matter or thing in respect to which any power,
authority, or discretion is conferred upon the board, and the action or
decision of 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)
Without thereby limiting the generality of the provisions of
subsection 1, it is declared that such exclusive jurisdiction shall extend
to determining:
(a) Whether any industry or any part, branch, or department of any
industry falls within any of the classes for the time being included in
schedule 1, and if so which of them.
(b) Whether any industry or any part, branch, or department of any
industry falls within any of the classes for the time being included in
schedule 2 , and if so which of them.
(c) Whether any part of any such industry constitutes a part, branch,
or department of an industry within the meaning of Part I.
177982°—21—Bull. 272------ 73

1154

w o r k m e n ’s

COMPENSATION LAWS OF CANADA.

( 3) Nothing in subsection 1 shall prevent the board from reconsider
ing any matter which has been dealt with by it or from rescinding,
altering, or amending any decision or order previously made, all which
the board shall have authority to do.
(4) The decisions of the board shall be upon the real merits and jus
tice of the case, and it shall not be bound to follow strict legal precedent.
Evidence.
S e c . 60a. Every copy of or extract from any entry in any book or
record of the board, and of any document filed with the board, certified
by the secretary of the board to be a true copy or extract, shall be re
received in any court as prima facie evidence of the matter so certified
without proof of the secretary’s appointment, authority, or signature.
Costs.
Sec. 61. The board may award such sum as it may deem reasonable,
to the successful party to a contested claim for compensation or to any
other contested matter as compensation for the expenses he has been
put to by reason of or incidental to the contest, and an order of the board
for the payment by an employer of any sum so awarded when filed in
the manner provided by section 63 shall become a judgment of the
court in which it is filed and may be enforced accordingly.
Acts of officers.
g EC g2# (1) The board may act upon the report of any of its officers
and any inquiry which it shall be deemed necessary to make may be
made by any one of the commissioners or by an officer of the board or
some other person appointed to make the inquiry, and the board may
act upon his report as to the result of the inquiry.
( 2) The person appointed to make the inquiry shall for the purposes
of the inquiry have all the powers conferred upon the board by sec
tion 55.
Enforcement of
gEC 63. An order of the board for the payment of compensation by
ers*
an employer who is individually liable to pay the compensation or
any other order of the board for the payment of money made under
the authority of this part, or a copy of any such order certified by the
secretary to be a true copy, may be filed with the clerk of any county
or district court and when so filed shall become an order of that court
and may be enforced as a judgment of the court.
Fees*
S ec . 63a. For the duties performed by him in connection with the
filing of an order or certificate of the board pursuant to section 63 or
section 94 such clerk shall be entitled to a fee of $1, and, notwith
standing any other provision or rule, any proceeding provided for by
either of the said sections may be carried on by the board by post
without the necessity of personal attendance at any office.
Regulations.
s EC# 64. ( l ) The board may make such regulations as may b e
deemed expedient for carrying out the provisions of this part and to
meet cases not specially provided for by this part; and a certified copy
of every regulation so made shall be transmitted forthwith to the
provincial secretary and any regulation may within one month after
it has been received by the provincial secretary be disallowed 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 dis
allowance has expired every other regulation which has not been
disallowed shall become effective and every regulation which has be
come effective shall be forthwith published in the Ontario Gazette.
(3) Every person who contravenes any such regulation after it has
become effective, or any rule of an association formed as provided by
section 101, which has been approved and ratified as provided by that
section, shall for every contravention incur a penalty not exceeding
$50, but no prosecution for any such contravention shall be taken
without leave of the board.
Suits.
(4) Where an action in respect of an injury is brought against an
employer by a workman or a dependent the board shall have juris
diction upon the application of the employer to determine whether the
workman or dependent is entitled to maintain the action or only to
compensation under Part I, and if the board determines that the only
right of the workman or dependent is to such compensation the action
shall be forever stayed.
Audits.
Sec. 65. The accounts of the board shall be audited by the provincial
auditor or by an auditor appointed by the lieutenant governor in

TEXT OF LAWS— ONTARIO.

1155

council for that purpose and the salary or remuneration of the lastmentioned auditor shall be paid by the bo%rd.
Reports.
S e c . 6 6 . ( 1) The board shall on or before the 15th day of January
in each year make a report to the lieutenant governor of. its trans
actions during the next preceding calendar year and such report shall
contain such particulars as the lieutenant governor in council may
prescribe.
(2) Every such report shall be forthwith laid before the assembly if
the assembly is then in session and if it is not then in session within
fifteen days after the opening of the next session.
Sec. 67. The superintendent of insurance or an officer of his depart Examination.
ment named b y him for that purpose shall once in each year and oftener
if so required by the lieutenant governor in council examine into the
the affairs and business of the board for the purpose of determining as
to the sufficiency of the accident fund and shall report thereon to the
lieutenant governor in council.
Contrib u t i o n
S e c . 6 8 . To assist in defraying the expenses incurred in the administration of this part there shall be paid to the board out of the y
Provinceconsolidated revenue fund such annual sum not exceeding $100,000
as the lieutenant governor in council may direct.
Sec. 69. (1) An accident fund shall be provided by contributions Accident fund,
to be made in the manner hereinafter provided, by the employers in
the classes or groups of industries, for the time being included in sched
ule 1 , and compensation payable in respect of accidents which happen
in any industry included m any of such classes or groups, shall be
payable and shall be paid out of the accident fund.
(2 ) Nothwithstanding the generality of the description of the classcs
for the time being included in schedule 1 none of the industries in
cluded in schedule 2 shall form part of or be deemed to be included in
any of such classes, unless it is added to schedule 1 by the board under
the authority conferred by this part.
S e c . 70. Where at any time there is not money available for payPayments adment of the compensation which has become due, without resorting vanced*
to the reserves the board may pay such compensation out of the re
serves and shall make good the amount withdrawn from the reserves
by making a special assessment upon the employers liable to provide
the compensation or by including it in a subsequent annual assess
ment, or where it is for any reason deemed inexpedient to withdraw
the amount required from the reserves the lieutenant governor in coun
cil may direct that the same be advanced out of the consolidated reve
nue fund, and in that case the amount advanced shall be collected by
a special assessment, and when collected shall be paid over to the
treasurer of Ontario.
S e c . 71. It shall be the duty of the board at all times to maintain
Fund to be
the accident fund so that with the reserves, exclusive of the special maintained*
reserve, it shall be sufficient to meet all the payments to be made out
of the fund in respect of compensation as they become payable, and so
as not unduly or unfairly to burden the employers in any class in future
years with payments which are to be made in those years in respect of'
accidents which have previously happened.
Sec. 72. ( 1) Subject to section 91 it shall not be obligatory upon the Reserves,
board to provide and maintain a reserve fund which shall at all times
be equal to the capitalized value of the payments of compensation
which will become due in future years unless the board shall be of
opinion that it is necessary to do so in order to comply with the pro
visions of section 71.
(2)
It shall not be necessary that the reserve fund shall be uniform
as to all classes, but, subject to sections 71 and 91, it shall be discre
tionary with the board to provide for a larger reserve fund in one or
more of the classes than in another or others of them.
S e c . 73. If any trade or business connected with the industries of
industries to be
lumbering, mining, quarrying, fishing, manufacturing, building, c assi e •
construction, engineering, transportation, operation^ of electric power
lines, waterworks and other public utilities, navigation, operation
of boats, ships, tugs, and dredges; operation of grain elevators and
warehouses; teaming, scavenging and street cleaning; painting,
decorating and renovating; dyeing and cleaning; or any occupation

1156

WORKMEN’ S COMPENSATION LAWS OF CANADA.

incidental thereto, or immediately connected therewith, not included
in schedule 2 , is not included in any of the classes mentioned in sched
ule 1 , the board shall assign*it to an appropriate class or form an addi
tional class or classes embracing the trades or businesses not so in
eluded, and until that is done, except in so far as it may be otherwise
wise provided by the regulations, such trades and businesses shall
together constitute a separate group or class and shall be deemed to
be included in schedule 1 .
Jurisdiction of
S ec. 74, (1) The board shall have jurisdiction and authority to (a)
board.
rearrange any of the classes for the time being included in schedule 1 ,
and withdraw from any class any industry included in it and transfer
it wholly or partly to any other class or form it into a separate class,
or exclude it from the operation of Part I; (b) establish other classes
including any of the industries which are for the time being included
in schedule 2 , or are not included in any of the classes in schedule 1 ;
(c) add to any of the classes for the time being included in schedule 1 ,
any industry which is not included in any of such classes.
(2 ) Where in the opinion of the board the hazard to workmen in any
of the industries embraced in a class is less than that in another or
others of such industries, or where for any other reason it is deemed
proper to do so, the board may subdivide the class into subclasses;
and if that is done the board shall fix the percentages or proportions of
the contributions to the accident fund which are to be payable by the
employers in each subclass.
(3) Separate accounts shall be kept of the amounts collected and
expended in respect of every class and subclass, but for the purpose
of paying compensation the accident fund shall, nevertheless, be
deemed one and indivisible.
(4) Where a greater number of accidents has happened in any indus
try than in the opinion of the board ought to have happened if proper
precautions had been taken for the prevention of accidents in it, or
where in the opinion of the board the ways, works, machinery, or
appliances in any industry are defective, inadequate, or insufficient
the board may, so long as such condition in its opinion continues to
exist, add to the amount of any contribution to the accident fund for
which an employer is liable in respect of such industry such a per
centage thereof as the board may deem just and may assess and levy
the same upon such employer, or the board may exclude such industry
from the class in which it is included, and if it is so excluded the em
ployer shall be individually liable to pay the compensation to which
any of his workmen or their dej^endents may thereafter become en
titled and such industry shall be included in schedule 2 .
( 5) Any additional percentage levied and collected under the next
preceding subsection shall be added to the accident fund or applied
in reduction of the assessment upon the other employers in the class
or subclass to which the employer from whom it is collected belongs as
the board may determine.
Exclusion of in
S e c . 75. (1 ) The board may in the exercise of the powers conferred
dustnes.
by the next preceding section withdraw or exclude from a class in
dustries in which not more than a stated number of workmen are
usually employed and may afterwards add them to the class or classes
from which they have been withdrawn, and any industry so withdrawn
or excluded shall not thereafter be deemed to be included in schedule
1 , but no withdrawal or exclusion under the authority of this subsec
tion shall have the effect of excluding any industry from schedule 2 .
(2) Where industries are withdrawn or excluded from a class under
the authority of subsection 1 , an employer in any of them may, never
theless, elect to become a member of the class to which but for the
withdrawal or exclusion he would have belonged, and if he so elects
he shall be a member of that class and as such liable to contribute to
the accident fund, and his industry shall be deemed to be embraced
in schedule 1 .
(3) Notice of the election shall be given to the secretary of the board,
and the election shall be deemed to have been made when the notice
is received by him.
(4) Any workman in any industry excluded under the authority of
subsection 1 may notify the secretary of the board that he desires such

TEXT OF LAWS— ONTARIO.

1157

industry to be included in schedule 1 , and such notice upon receipt
thereof by the secretary shall have the same effect as a notice of elec
tion from the employer.
S e c . 76. The powers conferred by the next preceding two sections lowers discremay be exercised from time to time and as often as in the opinion of nary'
the board occasion may require.
S e c . 76a. (1) The board may, upon the application of an employer,
inclusions,
add to schedule 1 , for such time and upon such terms and conditions
as the board may determine, any industry or part of an industry, or
department of work or service, of such employer.
(2 ) The board may, upon the application of an employer, add to
schedule 2 , for such time and upon such terms and conditions as the
board may determine, any industry or part of an industry, or depart
ment of work or service, of such employer not in schedule 1 .
S e c . 77. A regulation or order made by the board under the authority Regulations in
of clause (a) or clause ( 6) of subsection 1 of section 74 shall not have effectany force or effect unless approved by the lieutenant governor in
council, and when so approved it shall be published in the Ontario
Gazette and shall take effect on the expiration of one month from the
first publication of it in the Ontario Gazette.
Sec. 7 8. ( 1 ) Subject to the regulations every employer shall not Employer's relater than three months before the day named by proclamation as p
mentioned in section 3 and yearly thereafter on or before such date as
shall be prescribed by the board, and at such other time or times as it
may by order or regulation of the board be required, prepare and
transmit to the board a statement of the amount of the wages earned by
all his employees during the year then last past, or any part thereof
specified by the board, and of the amount which he estimates he will
expend for wages during the then current year or any part thereof
specified by the board, and such additional informantion as the board
may require, both verified by the statutory declaration of the employer
or the manager of the business, or where the employer is a corporation
by an officer of the corporation having a personal knowledge of the
matters to which the declaration relates.
( la ) Every employer shall keep in such form and with such detail
Wage accounts,
as may be required for the purposes of this act a careful and accurate
account of all wages paid to his employees, and such account shall be
kept within the Province and shall be produced to the board and its
officers when so required.
(2 ) Where the business of the employer embraces more than one
branch of business or class of industry the board may require separate
statements to be made as to each branch or class of industry, and such
statements shall be made, verified, and transmitted as provided by
subsection 1 .
(3) If any employer does not make and transmit to the board the pre- Failure to furscribed statement within the prescribed time the board may base any 111811 statements.
assessment or supplementary assessment thereafter made upon him on
such sum as in its opinion is the probable amount of the pay roll of the
employer and the employer shall be bound thereby; but if it is after
wards ascertained that such amount is less than the actual amount of
the pay roll the employer shall be liable to pay to the board the differ
ence between the amount for which he was assessed and the amount
for which he would have been assessed on the basis of his pay roll.
(4) If an employer does not comply with the provisions of subsec
tion 1, subsection la, or subsection 2 , or if any statement made in pur
suance of their provisions is not a true and accurate statement of any
of the matters required to be set forth in it the employer, for every such
noncompliance, and for every such statement, shall incur a penalty not
exceeding $500; and default or delay in furnishing any such statement
or insufficiency of estimate of expenditure for wages shall also render
the employer liable to pay an additional percentage of assessment or to
pay interest, as fixed by the board.
S e c . 78 a. (1) Every municipal assessor of a township, town or vil- Assessors’ dulage, shall yearly, on or before the last day for completing his assess- ies*
ment roll, make a return to the board upon forms provided by the
board for the purpose, showing the names, addresses, nature of busi
ness, and usual number of employees, of all employers of labor carry-

1158

w o r k m e n ’s

COMPENSATION LAWS OF CANADA.

ing on in the municipality any industry or business other than farming:
or mercantile business.
( 2 ) The board may make remuneration for such return out of the
accident fund.
Access to books.
S e c . 79 . (l) The board and any member of it, and any officer or
person authorized by it for that purpose shall have the right to examine
the books and accounts of the employer and to make such other
inquiry as the board may deem necessary for the purpose of ascertain
ing whether any statement furnished to the board under the provisions
of section 78 is an accurate statement of the matters which are required
to be stated therein, or of ascertaining the amount of the pay roll of any
employer, or of ascertaining whether any industry or person is under
the operation of Part I, and whether in schedule 1 or schedule 2 , and
for the purpose of any such examination and inquiry the board and
the person so appointed shall have all the powers which may be con
ferred on a commissioner appointed under the public inquiries act.
( 2 ) An employer and every other person who obstructs or hinders
the making of the examination and inquiry mentioned in subsection 1
or refuses to permit it to be made shall incur a penalty not exceeding
$500.
(3) Every member of the board and every officer or person author
ized by it to make examination or inquiry under this section shall
have power and authority to require and take affidavits, affirmations,
or declarations as to any matter of such examination or inquiry and to
take statutory declarations required under section 78, and in all such
cases to administer oaths, affirmations and declarations and certify to
the same having been made.
Adjustment of
S e c . 80. (1) If a statement is found to be inaccurate, the assessment
assessments.
shall be made on the true amount of the pay roll as ascertained by
such examination and inquiry, or if an assessment has been made
against the employer on the basis of his pay roll being as shown by
the statement, the employer shall pay to the board the difference
between the amount for which he was assessed and the amount for
which he would have been assessed if the amount of the pay roll had
been truly stated, and by way of penalty a sum equal to such differ
ence.
(2)
The board, if satisfied that the inaccuracy of the statement was
not intentional and that the employer honestly desired to furnish an
accurate statement, may relieve him from the payment of the penalty
provided for by subsection 1 or any part of it.
Inspection
of S e c . 81. (1) The board and any member of it and any officer or
plant.
person authorized by it for that purpose shall have the right at all
reasonable hours to enter into the establishment of any employer who
is liable to contribute to the accident fund and the premises connected
with it and every part of them for the purpose of ascertaining whether
the ways, works, machinery, or appliances therein are safe, adequate,
and sufficient, and whether all proper precautions are taken for the
prevention of accidents to the workmen employed in or about the
establishment or premises, and whether the safety appliances or safe
guards prescribed by law are used and employed therein, or for any
other purpose which the board may deem necessary for the purpose
of determining the proportion in which such employer should con
tribute to the accident fund.
(2)
An employer and every other person who obstructs or hinders
the making of any inspection made under the authority of subsection
1 , or refuses to permit it to be made, shall incur a penalty not exceed
ing $500.
information
S e c . 82. ( 1 ) No officer of the board and no person authorized to make
confidential.
a n i n q u i r y under this part shall divulge or allow to be divulged except
in the performance of his duties or under the authority of the board
any information obtained by him or which has come to his knowledge
in making or in connection with an inspection or inquiry under this
part.
(2)
Every person who contravenes any of the provisions of subsec
tion 1 shall incur a penalty not exceeding $50.
R e c o v e r y of
S e c . 83. The penalties imposed by or under the authority of this
penalties.
part shall be recoverable under the Ontario summary convictions act

TEXT OF LAWS— ONTARIO.

1159

and when collected shall be paid over to the board and shall form part
of the accident fund.
Sec. 84. (1) The board shall before the day named by proclamation as Assessments,
mentioned m section 3 make a provisional assessment on the employers
in each class of such sum as in the opinion of the board will be sufficient
to meet the claims for compensation which will be payable by that
class for the first year after the day so named and to meet the expenses
of the board in the administration of this part for the year, and also to
provide a reserve fund to pay the compensation payable in future years
in respect of claims in that class for accidents happening in that year, of
such an amount as the board may deem necessary to prevent the em
ployers in future years from being unduly or unfairly burdened with
payments which are to be made in those years in respect of accidents
which have previously happened.
(2 ) The sums to be so assessed may be either a percentage of the pay
rolls of the employers or a specific sum, as the board may determine.
(3) [Repealed.]
S e c . 85. (1) The board shall in every year thereafter assess and levy Added assessupon the employers in each of the classes such percentage of pay roll ments*
or such other rate or such specific sum as, allowing for any surplus or
deficit in the class, it shall deem sufficient to pay the compensation
during the current year in respect of injuries to workmen in the indus
tries within the class, and to provide and pay the expenses of the board
in the administration of this part for that year or so much thereof as may
not be otherwise provided for, and also to provide a similar reserve fund
to that mentioned in subsection 1 of section 84; and such assessments
may, if the board sees fit, be levied provisionally upon the estimate of
pay roll given by the employer or upon an estimate fixed by the board,
ana, after the actual pay roll has been ascertained, adjusted to the
correct amount; and the payment of assessments may, if the board
deems fit, be divided into installments.
(2) Where the assessment is based on the pay roll of the employer Dedu ctions
and there is included in it the wages or salary of a workman who has from pay rolls*
been paid more than at the rate of $2,000 per annum the excess shall
be deducted from the amount of the pay roll and the assessment shall
be based on the amount of it as so reduced.
(3) It shall not be necessary that the assessment upon the employers Hazard,
in a class or subclass shall be uniform, but they may be fixed or graded
in relation to the hazard of each or of any of the industries included in
the class or subclass.
(4) A system of merit rating may, if deemed proper, be adopted.
Merit rating.
S ec . 86. (1) The board shall determine and fix the percentage, rate, Board to fix
or sum for which each employer is assessed under the provisions of either rates*
of the next preceding two sections, or the provisional amount thereof,
and such employer shall pay to the board the amount or provisional
amount of his assessment within one month, or such other time as the
board may fix, after notice of the assessment and of such amount has
been given to him, or where payment is to be made by installments he
shall pay the first installment within such time ana the remaining
installment or installments at the time or times specified in such notice.
(2) The notice may be sent by post to the employer and shall be Notice,
deemed to have been given to him on the day on which the notice was
posted.
(3) Wherever at any time it appears that a statement or estimate of Revision,
pay roll upon which an assessment or provisional amount of assessment
is based is too low the employer shall upon demand pay to the board
such sum, to be fixed by the board, as shall be sufficient to bring the
payment of assessment up to the proper amount; and the payment of
any such sum may be enforced in the same manner as the payment of
any assessment may be enforced.
S e c . 87 . If the amount realized from any assessment is insufficient
Supplementary
for the purpose for which the assessment was made, the board may assessm s*
make supplementary assessments to make up the deficiency, and sec
tion 86 shall apply to such assessments, but the board may defer as
sessing for such deficiency until the next annual assessment is made
and then include it in such assessment.

1160

W O RKM EN ?S COMPENSATION LAW S OF CANADA.

Sec. 88 . ( 1) Where any deficiency in the amount realized from
any assessment in any class is caused by the failure of some of the
employers in that class to pay their share of the assessment or by any
disaster or other circumstance which, in the opinion of the board,
would unfairly burden the employers in that class, the deficiency or
loss shall be made up by supplementary assessments upon the em
ployers in all the classes, and the provisions of section 86 shall apply
to such assessments, but the board may defer assessing for such de
ficiency or loss until the next annual assessment is made and then
include it in such assessment.
Special funds.
(2) The board may, where it deems proper, add to the assessment
for any class or classes or for all the classes in schedule 1 , a percentage
or sum for the purpose of raising a special fund to be laid aside and used
to meet the loss arising from any disaster or other circumstance which,
in the opinion of the board, would unfairly burden the employers in
any class.
Adjustments.
S ec . 89. (1) If and so far as any deficiency mentioned in the next
preceding two sections is afterwards made good wholly or partly by
the defaulting employer, the amount which shall have been made
good shall be apportioned between the other employers in the propor
tions in which the deficiency was made up by them, by the payment
of supplementary assessments upon them and shall be credited to
them in making the next assessment.
(2) If for any reason an employer liable to assessment is not assessed
in any year he shall nevertheless be liable to pay to the board the
amount for which he should have been assessed, and payment of that
amount may be enforced in the same manner as the payment of an
assessment may be enforced.
(3) Any sum collected from an employer under subsection 2 shall
be taken into account by the board in making an assessment in a sub
sequent year on the employers in the class or subclass to which such
employer belonged.
Unpaid sums.
S ec. 90. Notwithstanding that the deficiency arising from a default
in the payment of the whole or part of any assessment has been made
up by a special assessment a defaulting employer shall continue liable
to pay to the board the amount of every assessment made upon him or
so much of it as remains unpaid.
Powers of lieuSec. 91. Whenever the lieutenant governor in council is of opinion
tenant governor. ^ a t
con(}ition of the accident fund is such that with the reserves,
exclusive of the special reserve, it is not sufficient to meet all the pay
ments to be made in respect of compensation as they become payable
and so as not unduly or unfairly to burden the employers in any class
in future years with payments which are to be made in those years in
respect of accidents which have happened in previous years, he may
require the board to make a supplementary assessment of such sum as
in his opinion is necessary to be added to the fund, and when such a
requirement is made the board shall forthwith make such supple
mentary assessment, and it shall be made in like manner as is herein
before provided as to other special assessments, and all the provisions
of this part as to special assessments shall apply to it.
Reserves.
S ec . 92. In order to maintain the accident fund as provided by
section 71, the board may from time to time and as often as may be
deemed necessary include in any sum to be assessed upon the employ
ers, and may collect from them such sums as may be deemed necessary
for that purpose, and the sums so collected shall form a reserve fund
and shall be invested in securities in which a trustee may by law in
vest trust moneys.
Default.
S e c . 93. If an assessment or a special assessment 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 the regulations or
may be determined by the board.
Liability.
S ec . 93«. (1) 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 of sections 78 or 96, or who refuses or neg
lects to pay any assessment or special or supplementary assessment or
the provisional amount of any assessment, or any installment or part
General assess-

‘

TEXT OF LAW S— ONTARIO.

1161

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, of the compensation payable in
respect of any accident to a workman in his employ which happens
during the period of such default, and the payment of such amount
may be enforced in the same manner as the payment of an assessment
may be enforced.
(2) 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.
Sec. 94. Where default is made in the payment of any assessment, Collection of as
or special assessment, or any part of it, the board may issue its certificate sessm s‘
stating that the assessment was made, the amount remaining unpaid
on account of it and the person by whom it was payable, and such cer
tificate or a copy of it certified by the secretary to be a true copy may
be filed with the clerk of any county or district court, and when so filed
shall become an order of that court, and may be enforced as a judgment
of the court against such person for the amount mentioned in the cer
tificate.
S ec . 95. (1) If an assessment or a special assessment or any part of it Same,
remains unpaid for 30 days after it has become payable, the board, in
lieu of or in addition to proceeding as provided by the next preceding
section, may issue its certificate stating the name and residence of the
defaulting employer, the amount unpaid on the assessment, the estab
lishment in respect of which it is payable, and upon the delivery of the
certificate to the clerk of the municipality in which the establishment
is situate he shall cause the amount so remaining unpaid as stated in the
certificate to be entered upon the collector’s roll as if it were taxes due
by the defaulting employer in respect of such establishment, and it
shall be collected in like manner as taxes are levied and collected and
the amount when collected shall be paid over by the collector to the
board.
( 2)
The collector shall be entitled to add 5 per cent thereof to the
amount to be collected and to retain such percentage for his services in
making the collection.
S ec. 96. (1) Where an industry coming within any of the classes for New industries,
the time being included in schedule 1 is established or commenced after
an assessment has been made it shall be the duty of the employer
forthwith to notify the board of the fact and to furnish to the board an
estimate of the probable amount of his pay roll for the remainder cf the
year, verified by a statutory declaration, and to pay to the board a sum
equal to that for which he would have been liable if his industry had
been established or commenced before such assessment was made or so
much thereof as the board may deem reasonable.
( 2) The board shall have the like powers and be entitled to the like
remedies for enforcing payment of the sum payable by the employer
under subsection 1 as it possesses or is entitled to in respect of assess
ments.
(3) For default in complying with the provisions of subsection 1 the
employer shall incur the like penalty and liability as are provided with
respect to defaults by section 78.
Sec. 97. Q ) Where an employer engages in any of the industries for Temporary inthe time being included in schedule 1, and has not been assessed in dllstnes*
respect of it, the board, if it is of opinion that the industry is to be car
ried on only temporarily, may reqiure the employer to pay or to give
security for the payment to the board of a sum sufficient to pay the
assessment for which the employer would have been liable if the in
dustry had been in existence when the next preceding assessment was
made.
(2 ) The board shall have the like powers and be entitled to the like
remedies for enforcing payment of any such sum as it possesses or is
entitled to in respect of assessments.
(3) An employer who makes default in complying with the pro
visions of subsection 1 shall incur a penalty not exceeding $200, and an
additional penalty not exceeding $20 per day for every day on which
the default continues.
Sec. 98. In the case of a work or service performed by an employer Mechanics’
in any of the industries for the time being included in schedule 1 for liens*

1162

w o r k m e n ’s COMPENSATION LAWS OF CANADA.

which the employer would be entitled to a lien under the mechanics’
and wage earners’ lien act it shall be the duty of the owner as defined by
that act to see that any sum which the employer is liable to contribute
to the accident fund is paid and if any such owner fails to do so he shall
be personally liable to pay it to the board, and the board shall have the
like powers and be entitled to the like remedies for enforcing payment
as it possesses or is entitled to in respect of an assessment.
Preference of asS e c . 98a. (1) There shall be included among the debts which, under
sessments, etc.
the assignments and preferences act, the trustee act, and the Ontario
companies act, are, in the distribution of the property, in the case of an
assignment or death or in the distribution of the assets of a company
being wound up, under the said acts, respectively, to be paid in pri
ority to all other debts, the amount of any assessment or compensation
the liability wherefor accrued before the date of the assignment or death
or before the date of the commencement of the winding up, and the
said acts shall have effect accordingly.
(2) When the compensation is a periodical payment the liability in
respect thereof shall, for the purposes of this section, be taken to be the
amount of the lump sum, to be determined by the board, for which the
periodical payments may be commuted.
(3) Priority in respect of any individual claim for compensation shall
riot exceed $500.
Accidents to be
S e c . 99. (1) Every employer shall within three days after the hapreported.
pening of an accident to a workman in his employment by which the
workman is disabled from earning full wages or which necessitates
medical aid notify the board in writing of the (a) happening of the
accident and nature of it; (b) time of its occurrence; (c) name and
address of the workman; (d) place where the accident happened;
(e) name and address of the physician or surgeon, if any, by whom the
workman was or is attended for the injury; and shall in any case furnish
such further details and particulars respecting any accident or claim to
compensation as the board may require.
(2) For every contravention of subsection 1 the employer shall incur
a penalty not exceeding $50.
(3) Every employer who makes default in reporting or furnishing
particulars of any accident or claim shall in addition to any other
penalty or liability pay to the board, if so ordered by the board, the
amount of compensation awarded in respect of such accident or claim
in accordance with the evidence or information otherwise obtained by
the board.
Industrial disSec. 100. (1) Where a workman suffers from an industrial disease
eases‘
and is thereby disabled from earning full wages at the work at which he
was employea or his death is caused by an industrial disease, and the
disease is due to the nature of any employment in which he was engaged
at any time within twelve months previous to the date of his disable
ment, 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 disablement were the happening
of the accident, subject to the modifications hereinafter mentioned,
unless at the time of entering into the employment he had willfully and
falsely represented himself in writing as not having previously suffered
from the disease.
(2) Where the compensation is payable by an employer individually
it shall be payable by the employer who last employed the workman
during such twelve months in the employment to the nature of which
the disease was due.
(3) The workman or his dependents if so required shall furnish the
employer mentioned in the next preceding subsection with such
information as to the names and addresses of all the other employers by
whom he was employed in the employment to the nature of which the
disease was due during such twelve months as such workman or his
dependents may possess, and if such information is not furnished or is
not sufficient to enable that employer to take the proceedings mentioned
in subsection 4 that employer upon proving that the disease was not
contracted while the workman was in his employment shall not be
liable to pay compensation.
(4) If that employer alleges that the disease was in fact contracted
while the workman was in the employment of some other employer he

TEXT OF LAWS— ONTARIO.

1163

may bring such employer before the board, and if the allegation is
proved that other employer shall be the employer by whom the com
pensation shall be paid.
(5) If the disease is of such a nature as to be contracted by a gradual
process any other employers who during such twelve months employed
the workman in the employment to the nature of which the disease was
due shall be liable to make to the employer by whom the compensation
is payable such contributions as the board may determine to be just.
( 6) The amount of the compensation shall be fixed with reference to
the earnings of the workman under the employer by whom the com
pensation is payable, and the notice provided for by section 20 shall be
given to the employer who last employed the workman during such
twelve months in the employment to the nature of which the disease
was due, and the notice may be given notwithstanding that the work
man has voluntarily left the employment.
( 6a) Where the compensation is payable out of the accident fund the
board shall make such investigation as it deems necessary to ascertain
the class or classes against which the compensation should be charged
and shall charge or apportion the compensation accordingly.
(7) If the workman at or immediately before the date of the disable
ment was employed in any process mentioned in the second column of
schedule 3, and the disease contracted is the disease in the first column
of the schedule set opposite to the description of the process the disease
shall be deemed to have been due to the nature of that employment
unless the contrary is proved, but, except where the board is satisfied
that the disease is not due to any other cause than his employment
within Ontario, no compensation shall be payable under this section
unless the workman has been a resident of Ontario for the three years
next preceding his first disablement.
(8 ) Nothing in this section shall affect the right of a workman to
compensation in respect of a disease to which this section does not
apply if the disease is the result of an injury in respect of which he is
entitled to compensation under this part.
S e c . 101. (1) The employers in any of the classes for the time Employer’s
being included in schedule 1 may form themselves into an associationsociatlonsfor accident prevention and may make rules for that purpose.
(2) If the board is of opinion that an association so formed sufficiently
represents the employers in the industries included in the class, the
board may approve such rules, and when approved by the board
and by the lieutenant governor in council they shall be binding on
all the employers in industries included in the class.
(3) Where an association under the authority of its rules appoints
an inspector or an expert for the purpose of accident prevention, the
board may pay the whole or any part of the salary or remuneration of
such inspector or expert out of the accident fund or out of that part
of it which is at the credit of any one or more of the classes as the
board may deem just.
(4) The board may in any case where it deems proper make a grant
toward the expenses of any such association.
(5) Any moneys paid by the board under this section shall be
charged against the class represented by such association and levied
as part of the assessment against such class.
(6 ) The word “ class” in this section shall include subclass or such
part of a class or such number of classes or parts of classes in schedule
1 as may be approved by the board.
S ec . 102. (1) The employers in any of the classes for the time being Committee,
included in schedule 1 may appoint a committee of themselves, con
sisting of not more than five employers, to watch over their interests
in matters to which this part relates.
(2)
Where a claim is for compensation for an injury for which the
employers in any such class would be liable, if the board is of the opin
ion that the committee sufficiently represents such employers, and the
committee certifies to the board that it is satisfied that the claim
should be allowed, the board may act on the certificate and may also
act upon the certificate of the committee as to the proper sum to be^
awarded for compensation if the workman or dependent is satisfied
with the sum named in the certificate.

as-

1164

w o r k m e n ’s

COMPENSATION LAWS OF CANADA.

(3)
The committee may be the medium of communication on the
part of the class with the board.
Contribution by
Sec. 103. Employers in industries for the time being included in
Schedule 2.rS in schedule 2 shall pay to the board such proportion of the expenses of
the board in the administration of this part as the board may deem
just and determine, and the sum payable by them shall be apportioned
between such employers and assessed and levied in like manner as
in the case of assessments for contributions to the accident fund, and
the provisions of this part as to making such assessments shall apply
(mutatis mutandis) to assessments made under the authority of this
section.
Application of ^ S e c . 104. This part shall apply only to the industries mentioned
ar *
in schedules 1 and 2 and to such industries a sshall be added to them
under the authority of this part and to employments therein.
P art II.

Exclusions.

[This is an employers’ liability law, and applies to industries not
covered by Part I.]
S e c . 109. This act shall not apply to the industry of farming or to
domestic or menial servants or their employers.
S chedule 1.
I n d u s t r i e s t h e E m p l o y e r s i n w h ic h a r e L ia b l e t o C o n t r i b u t e to
t h e A c c id e n t F u n d .

(^4s altered and amended.)
Tndusrites cov-

Class 1. Lumbering; logging, river driving, rafting, booming;
rossing, bark peeling; sawmills, shingle mills, lath mills; manufacture
of veneer, excelsior, staves, spokes, or headings; lumber yards (in
cluding the delivery of lumber) carried on in connection with sawmills;
the creosoting of timbers.
Class 2 . Pulp and paper mills.
Class 3. Manufacture of furniture, fixtures, organs, pianos, piano
actions, canoes, small boats, coffins, wicker and rattan ware, mat
tresses, bed springs, artificial limbs, cork articles, cork carpets or lino
leum;* upholstering, picture framing.
Class 4. Planing mills, sash and door factories, manufacture of
wooden and corrugated paper boxes, cheese boxes, moldings, window
and door screens, window shades, brooms or brushes, carpet sweepers,
wooden toys, articles and wares or baskets, matches or shade rollers;
lumber yards (including the delivery of lumber) carried on in connec
tion with planing mills or sash and door factories; cooperage, not in
cluding the making of staves or headings; carpenter, joiner, or cabi
network in shop.
Class 5. Mining; reduction of ores and smelting; preparation of
metals or minerals; boring and drilling, including sinking of artesian
wells (except when done by an employer coming under class 14);
manufacture of calcium carbid, carborundum or alundum, abrasives
or abrasive articles other than stone.
Class 6 . Sand, shale, clay or gravel pits; marble works, stone cutting
or dressing; manufacture of brick, tile, terra cotta, fireproofing, sewer
pipe, roof tile, plaster blocks, plaster board, slate or artificial stone;
manufacture of brick, stone or artificial stone paving blocks, or cement
or concrete blocks.
Subclass A of class 6 . Quarries, stone crushing, lime kilns; manufac
ture of cement.
Class 7. Manufacture of glass, glass products, glassware, porcelain,
or pottery.
Class 8a. Rolling mills; manufacture of heavy forgings, including
ship anchors.
Class 8b. Foundries; gas or electric welding; manufacture of stoves,
furnaces, cast hot water boilers, radiators, or metal sanitary ware, water
fixtures, or bedsteads.
Class 8c. Fabrication of structural steel, iron, or metal; shipbuilding
or ship repairing; manufacture of boilers, engines, locomotives; riveted

TEXT OF LAWS----ONTARIO.
pipes, tubing or tanks; safes, heayy machinery, cranes; or metal siding
ceiling, roofing, shingles, window frames, or the like.
Class 10. Machine shops, metal stamping works, or blacksmith
?hops; manufacture of light forgings, carriage mountings, wires, cables,
bolts, nuts, nails, screws, tools, cutlery, hardware; tin, sheet metal or
sheet metal enameled wares or articles not otherwise specified; metal
wares, instruments, utensils and articles; wire goods, screens, cold
drawn shafting, cold drawn tubing, firearms, ammunition shells (with
out explosives), windmills, gas or electric light fixtures, light machin
ery, scales, cash registers, typewriters, adding machines, dry batteries,
cameras, sporting goods, metal toys; buttons of metal, ivory, pearl, or
horn; ivory articles, rubber stamps, pads, or stencils.
Class 11. Manufacture of agricultural implements, threshing
machines, wagons, carriages, sleighs, vehicles, automobiles, motor
trucks, motorcycles, bicycles, tricycles, toy wagons or sleighs, baby
carriages, or aeroplanes; car shops.
Class 12 . Manufacture of gold or silver ware, plated ware, watches,
watch cases, clocks, jewelry, or musical instruments.
Class 13. The manufacture of fireworks, gunpowder, ammunition,
nitroglycerine, dynamite, guncotton, or other high explosives, torpe
does, fuses, or cartridges.
Class 14. Manufacture of paint, color, varnish, oil, japans, turpen
tine, printing ink, printers’ rollers; manufacture of chemicals, corro
sive acids, or salts, ammonia, gasoline, petroleum, petroleum products,
celluloid, gas, charcoal, artificial ice, including the handling and de
livery thereof; wood alcohol, celluloid articles; the manufacture,
transmission, and distribution of natural or artificial gas and operations
connected therewith; the cutting, storing, handling, and delivery of
natural ice.
Class 15. Distilleries, breweries; manufacture of spirituous or malt
liquors, malt, alcohol, wine, vinegar, cider,' mineral water, soda
waters, or methylated spirits.
Class 16. Manufacture of 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; tar, or tarred, pitched or
asphalted paper.
Class 17. Milling; manufacture of cereals or cattle foods; warehousing
or handling of grain or operation of grain elevators, threshing machines,
clover mills, or ensilage cutters.
Class 18. Manufacture or preparation of meats or meat products or
glue.
Subclass A of class 18. Packing houses, abattoirs; manufacture of
fertilizers not incidental to any other industry.
Class 19. Tanneries.
Class 20. Manufacture of 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.
Class 22. Sugar refineries; manufacture of dairy products, butter,
cheese, condensed milk or cream, biscuits, confectionery, chewing gum,
spices, condiments, salt, or any kind of starch; bakeries.
Subclass A of class 22 . Canning or preparation of fruit, vegetables,
fish, or foodstuffs; pickle factories.
Class 24. Manufacture of tobacco, cigars, cigarettes, or tobacco
products.
Class 26. Flax mills; manufacture of textiles or fabrics, spinning,
weaving, and knitting manufactories; manufacture of yarn, thread,
hosiery, cloth, blankets, carpets, canvas, bags, shoddy, felt, felt hats,
cordage, ropes, fiber, asbestos goods, haircloth and other hair goods;
work in manila or hemp.
Class 27. Manufacture of men’s or women’s clothing, white wear,
shirts, collars, corsets, hats other than felt, caps, furs, robes, feathers or
artificial flowers, quilts, clothing pads, tents, awnings, gloves, mittens,
neckties, or other articles not otherwise specified made from fabrics;
the erection of awnings.
Class 28. PowTer laundries; dyeing, cleaning, or bleaching.

1165

1 1 6 i6

w o r k m e n ’s

COMPENSATION LAWS OF CANADA.

Glass 29. Printing, photoengraving, engraving, lithographing, book
binding, embossing; manufacture of stationery, paper, cardboard
boxes, bags, wall paper, or papier-mache.
Class 30. Heavy teaming or cartage; safe moving or moving of boilers,
heavy machinery, building stone and the like; warehousing, storage;
teaming and cartage, including the hauling for hire by means of any
vehicle, howsoever drawn or propelled, of any commodity or material;
scavenging, street cleaning, or removal of snow or ice.
Class 32. Steel building and bridge construction; installation of ele
vators, fire escapes, boilers, engines, or heavy machinery; the erection
of windmills.
Class 33. Bricklaying, mason work, stone setting; plastering; con
crete or cement work in or connected with buildings; excavation woik
for or connected with buildings; structural carpentry; lathing; installa
tion of pipe organs; house wrecking or house moving; painting, decorat
ing or renovating; glazing or installation of plate glass; the business of
window cleaning; sheet-metal work; roofing; the erection of lightning
rods; electric wiring of buildings or installation of lighting fixtures;
plumbing, heating, or sanitary engineering; gas or steamfittmg.
Class 37. Road or street making or repairing; bridge or culvert con
struction not otherwise classified; manufacture of asphalt material or
paving material not otherwise classified; concrete or cement work not
otherwise classified; sewer construction, tunneling, shaft sinking, well
digging; construction or operation of a waterworks system; excavation
work for foundations other than for or in connection with buildings;
trenching less than six feet deep for gas pipes, water pipes, or wire con
duits; excavation work not otherwise classified where the depth is more
than six feet and the width is less than half the depth.
Class 38. Construction, installation, or operation of electric power
lines or appliances and power transmission lines; construction or opera
tion of an electric light system; construction and operation of power
plants and electric light works, not included in Schedule 2 ; construc
tion or operation of telegraph or telephone lines, construction or opera
tion of telephone lines and works for the purposes of the business of a
telephone company or used or to be used in connection with its business
when constructed or operated by the company, except where such
telephone lines or works are within the legislative authority of the
Parliament of Canada.
Class 41. Construction or operation of railways or canals; construc
tion or operation of drydocks; construction of piers, wharves, break
waters, or other harbor improvements; stevedoring; operation of and
work upon wharves; dredging, subaqueous construction or pile driving;
fishing.
Class 73. All industries, trades, businesses, and occupations men
tioned in section 73 of the act, not otherwise classified and not included
in Schedule 2 .
S c h e d u l e 2.
in d u s t r ie s

the

em ployers

w h ic h

are

in d iv id u a l l y

l ia b l e

PA Y THE COMPENSATION.

( As amended.)

1 . The trade or business, as defined by subsection 2 of section 2 , of a
municipal corporation, a public utilities commission, any other com
mission having the management and conduct of any work or service
owned by or operated for a municipal corporation, a board of trustees
of a police village and a school board.
2 . The construction or operation of railways operated by steam,
electric or other motive power, street railways and incline railways,
but not their construction when constructed by any person other than
the company which owns or operates the railway.
3. The construction or operation of car shops, machine shops, steam
and power plants and other works for the purposes of any such railway
or used or to be used in connection with it when constructed or operated
by the company which owns or operates the railway.
4. The construction or operation of telephone lines and works within
the legislative authority of the Parliament of Canada, for the purposes

TEXT OF LAWS----ONTARIO.

1167

of the business of a telephone company or used or to be used in connec
tion with its business when constructed or operated by the company.
5. The construction or operation of telegraph lines and works for the
purposes of the business of a telegraph company or used or to be used in
connection with its business when constructed or operated by the
company.
6 . The construction or operation of steam vessels a,nd works for the
purposes of the business of 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 of vessels, and
marine wrecking.
7. The operation of the business of an express company which oper
ates on or in conjunction with a railway, or of sleeping, parlor or dining
cars, whether operated by the railway company, or by an express,
sleeping, parlor, or dining car company.
8 . The construction or operation of a bridge connecting the Province
with an adjacent Province or State, but not its construction when con
structed by any person or company other than the person or company
owning or operating the bridge.
Schedule 3.
Description of disease.

Description of process.

Anthrax............................. ! Handling of wool, hair, bristles, hides,
and skins.
Lead poisoning or its Any process involving the use of lead or
sequelae.
its preparations or compounds.
Mercury poisoning or its Any process involving the use of mercury
or its preparations or compounds.
sequelae.
Miners’ phthisis................ Mining. (Added by s. 17 (3), c. 34, 1917.)
Phosphorus poisoning or Any process involving the use of phos
its sequelae.
phorus or its preparations or compounds.
Arsenic poisoning or its Any process involving the use of arsenic
sequelae.
or its preparations or compounds.
Ankylostomiasis............... Mining.
Assented to May 1 , 1914.
In effect January 1 , 1915.

Industrial dis-

QUEBEC.
REVISED STATUTES 1909.
Compensation of workmen for injuries.1*
A r t ic l e 7321. Accidents happening by reason of or in the course of
their work to workmen, apprentices and employees engaged in the work
of building; or in factories, manufactories or workshops; or in stone,
wood or coal yards; or in any transportation business by land or by water
or in loading or unloading; or in any gas or electrical business; or in any
business having for its object the building, repairing, or maintenance
of railways or tramways, waterworks, drains, sewers, dams, wharves,
elevators, or bridges; or in mines, or quarries; or in any industrial
enterprise, in which explosives are manufactured or prepared, or in
which machinery is used, moved by power other than that of men or of
Compensation animals, shall entitle the person injured or his representatives to como e paid.
pensation ascertained in accordance with the following provisions.
Exceptions.
This act may be cited under the name of “ workmen’s compensation
act of the Province of Quebec, ’ ’ and it shall not apply to agricultural
industries nor to navigation by means of sails.
A r t . 7322. 1 . In cases to which article 7321 applies the person in
jured is entitled—
Permanent to(q) In case of absolute and permanent incapacity to a rent equal to
a disability.
fifty per cent of his yearly wages, reckoning from the day the accident
took place, or from that upon which by agreement of the parties or by
final judgment it is established that the incapacity has shown itself to
be permanent.
Peraementpar- (b) In case of permanent and partial incapacity, to a rent equal to
disability.
^alf
gum ^ w h ich jjjg wages have been reduced in consequence of
the accident.
Temporary dis( c ) For temporary incapacity, to compensation equal to one-half the
ydaily wages received at the time of the accident, if the inability to work
has lasted more than seven days, and beginning on the eighth day, the
said compensation not to be less than four dollars per week.
Maximum cap2. The capital of the rents shall not, however, in any case except in
the case mentioned in article 7325, exceed two thousand five hundred
dollars.
Second injuries.
3 . I n case the person injured has already suffered partial and perma
nent incapacity by reason of a previous accident, the compensation to
which he shall be entitled, if he sustains another accident, shall be
calculated after deducting the incapacity previously suffered.
Death.
A r t . 7323. When the accident causes death, the compensation shall
consist of a sum equal to four times the average yearly wages of the de
ceased at the time of the accident, and shall in no case, except in the
case mentioned in article 7325, be less than one thousand dollars or
more than two thousand five hundred dollars.
There shall further be paid a sum of not more than twenty-five dollars
for medical and funeral expenses, unless the deceased was a member of
an association bound to provide, and which does provide therefor.
The compensation shall be payable as follows:
(a) To the surviving consort not divorced nor separated from bed and
board at the time of the death, provided the accident took place after
the marriage.
(b) To the legitimate children or to the illegitimate children acknowl
edged before the accident, to assist them to provide for themselves
until they reach the full age of sixteen years, or more if they are invalids.
(c) To ascendants of whom the deceased was the only support at the
time of the accident.
If the parties do not agree upon the apportionment of the compensa
tion, it shall be apportioned by the proper court.

Employments,
e e., covere .

1168

is Acts of 1909, chapter 66 as amended.

TEXT OF LAWS----QUEBEC.

1169

Nevertheless every sum paid under article 7322 in respect of the
same accident, shall be deducted from the total compensation.
A r t . 7324, A foreign workman or his representatives shall not be
Aliens,
entitled to the compensation provided by this act unless at the time of
the accident he or they reside in Canada, nor after he or they cease to
reside there while the rent is being paid; but if he or they can not take
advantage of this act, the common law remedy shall exist in his or their
favor.
A r t . 7325. No compensation shall be granted if the accident was
intention
to
brought about intentionally by the person injured.causeaccident*
The court may reduce the compensation if the accident was due to Increase or dethe inexcusable fault of the workman, or increase it if it is due to the crease*
inexcusable fault of the employer.
A r t . 7326. If the y e a r ly remuneration of the workman exceeds Maximum basic
eight hundred dollars, no more than this sum shall be taken into wage‘
account. The surplus up to twelve hundred dollars shall give a right
only to one-fourth of the compensation aforesaid.
This act does not apply in cases where the yearly remuneration
exceeds twelve hundred dollars.
A rt . 7327. Apprentices are assimilated to the workmen in the busi- Apprentices,
ness who are paid the lowest wages.
A r t . 7328. The wages upon which the rent is based shall be, in the
Computing
case of a workman engaged in the business during the twelve months wages*
next before the accident, the actual remuneration allowed him during
such time, whether in money or in kind.
In the case of workman employed less than twelve months before
the accident, such wages shall be the actual remuneration which they
have received since they were employed in the business, plus the aver
age remuneration received by workmen of the same class during the
time necessary to complete the twelve months.
If the work is not continuous, the year’s wages shall be calculated
both according to the remuneration received while the work went on,
nd according to the workman’s earnings during the rest of the year.
A r t . 7329. A s soon as th e pe rm an e n t in c a p a c ity to w ork is ascerCompensation
ta in e d , or in case of d e a th o f th e person in ju re d , w ith in one m o n th from payat>le’ whenth e d ate of th e ag re e m e n t b e tw e e n th e e m p lo y e r an d th e p arties in ter
e ste d or, i f th ere b e no a g re e m e n t, w ith in one m o n th from th e d a te of
th e fin a l j u d g m e n t con d e m n in g h im t o p a y th e s a m e , th e e m p lo y e r sh a ll
p a y th e a m o u n t o f th e c om p e n sation to th e person in ju re d or h is repre
s e n ta tiv e s or, as th e case m a y b e , an d a t th e o p tio n of th e person in ju red
or of h is rep rese n ta tiv e s, s h a ll p a y th e c a p ita l of th e rent to an insurance
c o m p a n y d e sig n a te d for t h a t purpose b y order in co u n c il.
The person injured or his representatives may, at their option, Lumpsum,

demand the payment to themselves of the amount of the compensation,
or of the capital of the rent, which in no case of death, or incapacity,
saving the case provided for in article 7325, shall amount to more than
two thousand five hundred dollars.
The rent itself, saving the above exception, may not be calculated Maximum,
upon a capital of more than two thousand five hundred dollars.
A r t . 7330. The rents payable under this subsection shall be paid
Times of paymonthly. The compensation in case of temporary incapacity is pay- mentable at the same time as the wages of the other employees, and at in
tervals in no case to exceed sixteen days.
A r t . 7331. The lieutenant governor in council may prescribe the . Payments by
conditions upon which the insurance companies applying by petition ^|grance compa“
to be authorized to pay the said rents in virtue of this subsection, shall
be authorized to do so; but no company that has not made a deposit
with the Government of Canada or of this Province, in conformity with
the laws of Canada or of this Province, of an amount deemed sufficient
to insure the performance of its obligations, shall be so authorized.
A rt . 7332. All compensation to which this act applies, shall be Assignments,
inalienable and exempt from seizure, but the employer may deduct etc*
from the amount of the indemnity any sum due to him by the workman.
A r t . 7333. The compensation prescribed by the preceding articles
Employer reshall be entirely at the charge of the employer, and the employer shall spon
not, for this purpose, deduct any part of the employee’s wages, eve l
with the consent of the latter.
177982°— 21—Bull. 272------ 74

1170

Third persons.

A r t . 7334. The person injured or his representatives shall continue
to have, in addition to the recourse given by this act, the right to claim
compensation under the common law from the persons responsible for
the accident other than the employer, his servants or agents.
The compensation so awarded to them shall, to the extent thereof,
discharge the employer from his liability; and the action against
third persons responsible for the accident may be taken by the em
ployer at his own risk, in place of the person injured or his represen
tatives, if he or they refuse to take such action after having been put
in default so to do.
Employer’s liaA r t . 7335. In cases to which this act applies, the employer shall
bihty.
be liable to the person injured or to his representatives, mentioned in
article 7323, for injuries resulting from accidents caused by or in the
course of the work of such person, only for the compensation pre
scribed by this subsection.
Payments by
A r t . 7336. All moneys paid by any insurance company or mutual
insurance compa- b e n e fft society shall be applied, to the extent thereof, on account of
the sums and rents payable in virtue of this act, if the employer proves
that he has assumed the assessments or premiums demanded therefor.
But the employer’s liability shall continue if the company or society
neglects to pay or becomes unable to pay the compensation for which
it is liable.
Workme n
A r t . 7337. Workmen who usually work alone shall not be subject
alone! 7 working to this act from the fact of their casually working with one or more
other workmen.
Medical examiA r t . 7338. The person injured shall be bound, if the employer
nations.
requires him so to do, in writing, to submit to an examination by a
practicing physician chosen and paid by the employer; and if he
refuses to submit to such examination or opposes the same in any way,
his right to compensation as well as any remedy to enforce the same
shall be suspended until the examination takes place. The person
injured shall, in such case, always be entitled to demand that the
examination shall take place in the presence of a physician chosen by
him.
Waivers.
A r t . 7339. Every agreement contrary to the provisions of this act
shall be absolutely null.
Status of claims.
A r t . 7340. The claim of the person injured or of his representative
for medical and funeral expenses, as well as for compensation allowed for
temporary incapacity to work, shall be secured by privilege on the
moveable and immoveable property of the employer, ranking con
currently with the claim mentioned in paragraph 9 of article 1994 of
the Civil Code.
Payment of compensation for permanent incapacity to work or in
respect of an accident followed by death, shall so long as the compen
sation has not been paid, or so long as the sum necessary to procure the
required rent has not been paid to an insurance company or otherwise
paid in virtue of this act, be secured by a privilege of the same nature
and rank upon moveable property and by a privilege upon immove
able property ranking after other privileges and after hypothecs.
Disputes.
A r t . 7341. The superior court and the circuit court shall have
jurisdiction of every action or contestation in virtue of this act in
accordance with the jurisdiction given to them respectively by the
Code of Civil Procedure.
Appeals.
A r t . 7342. Review and appeal of or from judgments susceptible
thereof, shall be taken within fifteen days from the rendering of such
judgments and if not so taken the right thereto shall lapse. Such
appeals shall have precedence.
Provisional aiA r t . 7343. The court or judge may, upon petition, at any stage of
ances.
the case, whether before judgment or while an appeal is pending,
grant a provisional daily allowance to the person injured or to his
represen tati ves.
Proceedings to
A r t . 7344. There shall be no trial by jury in any action taken in
e summary.
virtue of this act, but the proceedings shall be summary, and shall be
subject to the provisions of the Code of Civil Procedure respecting such
matters.
yeartl0n m °ne
^ T'
ac?tion to recover any compensation to which this act
applies shall, as against all persons, be subject to a prescription of one
year.

TEXT OF LAWS----QUEBEC. •

1171

A r t . 7346. An action to revise the amount of the compensation
Review,
based on the alleged aggravation or diminution of the disability of the
person injured, may be taken during the four years next after the date
of the agreement of the parties as to such compensation, or next after
that of the final judgment.
A r t . 7347. Before having recourse to the provisions of this act, the
Right to sue.
workman must be authorized thereto by a judge of the superior court
upon petition served upon the employer. The judge shall grant such
petition without the hearing of evidence or the taking of affidavits, but
may, before granting the same, use such means as he may think use
ful to bring about an -understanding between the parties. If they
agree, he may render judgment in accordance with such agreement
upon the petition, and such judgment shall have the same effect as a
final judgment of a competent court.
A rt. 7347a. Nothing contained in this act (article 7321 to 7347a), Common - law
shall be interpreted as doing away with any of the common law right nghts‘
of action belonging to any persons who can not avail themselves of the
said act.
Assented to May 29, 1909.
In effect January 1, 1910.

ACTS OF 1915.
(5 GEORGE V , CHAP. 71.)

Ch a p t e r

71 (adding new articles to the Revised Statutes)—Retention of
workmen's wages.

Retention
of
A r t ic l e 7436a. It is forbidden for any employer to make any reten
tion of any part of the salary or wages of his workmen or employees for wages forbidden.
purposes of insurance against accidents or sickness happening by
reason of or in the course of their work, even with the consent of such
workmen or employees.
Agreement
A r t . 74366. A n y ag re e m e n t u n d e r w h ic h su ch a retention is m ad e
null.
or a u th orize d sh a ll be n u ll an d of n o effe ct.
A rt . 7436c. In any case where such retention is made, the workman Recovery.
or employee, in the three months following the end of his contract of
work, may recover, before any court of competent jurisdiction, the
amount so irregularly withheld from his salary or wages.
2 . This act shall not apply to any retentions which may have been N o retroactive
effect.
legally made before its coming into force.
3. This act shall not apply to railway employees who individually, Policies of rail ■
and in good faith, take out policies of insurance, and give written road employees.
crders to their employers to pay the premiums out of their wages or
salaries.
Assented to March 5, 1915.

YUKON TERRITORY.
ORDINANCES OP 1917.

Chapter
S e c tio n 1 .

1 .— Compensation o f workmen fo r injuries.

This ordinance may be cited as “ the workmen’s com
pensation ordinance.”
Sec. 2. ( 1 ) In this ordinance—
Definitions.
(a) “ Accident” shall include a willful and intentional act, not being
the act of the workman and a fortuitous event occasioned by a physical
or natural cause.
^
( b) “ Construction” shall include reconstruction, repair, alteration,
and demolition.
(c) “ Dependents” shall mean such of the members of the family of a
workman as were wholly or partly dependent upon his earnings at the
time of his death, or who, but for the incapacity due to the accident,
would have been so dependent.
(d) “ Employer” shall include every person having in his service
under a contract of hiring or apprenticeship, written or oral, express or
implied, any person engaged in any work in or about an industry, and
where the services of a workman are temporarily let or hired to another
person by the person with whom the workman has entered into such
a contract the latter shall be deemed to continue to be the employer
of the workman whilst he is working for that other person.
(e) “ Employment” shall include employment in an industry or any
part, branch, or department of an industry.
(f) “ Industry” shall include establishment, undertaking, trade, and
business.
(:g ) “ Judge” shall mean a judge of the territorial court.
(h) “ Member of the family” shall mean and include wife, husband,
father, mother, grandfather, grandmother, stepfather, stepmother, son,
daughter, grandson, granddaughter, stepson, stepdaughter, brother,
sister, half-sister, half-brother, and a person who stood in loco parentis
to the workman, or to whom the workman stood in loco parentis,
whether related to him by consanguinity or not so related, and where
the workman is the parent or grandparent of an illegitimate child, shall
include such child, and where the workman is an illegitimate child,
shall include his parent and grandparents on the maternal side.
( i) “ Mine” includes properties to which the “ coal mining regula
tions” and amendments thereto or the “ quartz mining regulations” and
amendments thereto or the Yukon placer mining act and amending
acts apply.
(j) “ Outworker” shall mean a person to whom articles or materials
are given out to be made up, cleaned, washed, altered, ornamented,
finished, repaired, or adapted for sale in his own home or on other
premises not under the control or management of the person who gave
out the articles or materials.
(k) “ Workman” shall include a person who has entered into or
works under a contract of service or apprenticeship, written or oral,
express or implied, whether by way of manual labor, or otherwise, but
shall not include an outworker or person whose employment is of a
casual nature and who is employed otherwise than for the purposes of
the employer’s trade or business.
Public employ
(2 )^ The exercise and performance of the powers and duties of (a) a
ees.
municipal corporation; ( 6 ) the government of Yukon Territory in the
building, repairing, and maintaining of roads* bridges, or other public
works shall, for the purposes of this ordinance, be deemed the industry
of the corporation or government.
Less than five
Sec. 3. Where less than five workmen are employed in the same
employees.
general employment the employer shall be relieved from all liability
under this ordinance.
Title.

1172

T E X T

O F

L A W S ---- Y U K O N

T E R R IT O R Y .

1173

Sec. 4. (1) When in any employment to which this ordinance applies Compensation
personal injury by accident arising out of and in the course of the em payable, when.
ployment is caused to a workman his employer shall be liable to pay
compensation in accordance with the first schedule to this ordinance,
except where the injury (a) does not disable the W orkm an for a period Waiting time.
of at least 14 days from earning full wages at the work at which he was
employed; or (b) is attributable solely to the serious and willful mis Willful miscon
duct.
conduct or intoxication of the workman.
(2) Where the accident arose out of the employment, unless the con Presumption.
trary is shown, it shall be presumed that it occmrred in the course of the
employment, and where the accident occurred in the course of the
employment, unless the contrary is shown, it shall be presumed that it
arose out of the employment.
(3) Where compensation for disability is payable it shall be com Compensation
from date of dis
puted and be payable from the d,ate of the disability.
ability.
S e c . 5. When the injury was caused by the personal negligence or
Suits.
willful act of the employer, or of some person for whose act or default
the employer is responsible, nothing in this ordinance shall affect any
civil liability of the employer, but in that case the workman may, at his
option, either claim compensation under this ordinance or independ
ently thereof; but the employer shall not be liable to pay compensation
for injury to a workman both independently of and also under this
ordinance, and shall not be liable to any proceedings independently of
this ordinance, except in the case of such personal negligence or willful
act as aforesaid.
Disputes.
S e c . 6 . If a n y q u e stio n arises as to th e li a b ili t y to p a y com p en sation
u n d e r th is ord in a n ce , or as to th e a m o u n t of c om p e n sation or duration
of d is a b ility u n d e r th is o rd in a n ce, or as to th e person or persons th a t are
e n title d to c o m p e n sa tio n , or as to th e d iv isio n of th e a m o u n t of co m
p e n sa tio n , th e q u e stio n , i f n o t se ttle d b y a g reem en t, sh a ll, su b je c t to
th e pro vision s of th e first sc h e d u le to th is ordin a n ce, b e d e te rm in e d
an d s e ttle d b y a ju d g e of th e territo ria l c ou rt in accordan ce w ith th e
p ro vision s of th e secon d sc h e d u le to th is ord in a n ce .
S e c . 7. If within the time hereinafter in this ordinance limited for

Wrong remedy.

taking proceedings, an action is brought to recover damages independ
ently of this ordinance for injury^ caused by any accident, and it is de
termined in such action that the injury is one for which the employer is
not liable in such action, but that he would have been liable to pay
compensation under the provisions of this ordinance, the action shall be
dismissed; but the court in which the action is tried shall, if the plain
tiff shall so choose, proceed to assess such compensation under the pro
visions of this ordinance, and shall be at liberty to deduct frcm such
compensation all the costs, which, in its judgment, have been caused
by the plaintiff bringing such action instead of proceeding under this
ordinance. In any proceedings under this section, when the court
assesses the compensation it shall give a certificate of the amount of Force of certifi
compensation it has awarded, and to whom payable, and the directions cate.
it has given as to the deduction for costs, and such certificate shall have
the force and effect of a judgment or award under this ordinance.
S e c . 8 . (1) Proceedings for the recovery under this ordinance of com Notice of acci
pensation for an injury shall not be maintained unless notice of the dent.
accident has been given to the employer as soon as practicable after the
happening thereof, and unless the claim for compensation with respect
to such accident has been made within six months from the occurrence
of the accident causing the injury, or, in the case of death, within six
months from the time of death, and the action is commenced within
nine months from the occurrence of the accident causing the injury, or
the time of death, provided always that any defect or inaccuracy in
such notice shall not relieve the employer from his liability for such
compensation if it is found in the proceedings for settling the claim that
the employer is not prejudiced in his defence by such defect or inaccu
racy, or that such defect or inaccuracy was occasioned by mistake or
other reasonable cause, or when the facts and circumstances of such
action are known to such employer, his agent or vice-principal in the
enterprise.

1174

O R K M E N ’S

C O M P E N S A T IO N

L A W S

O P

C A N A D A .

(2) Notice in respect of an injury under this ordinance shall give the
name and address of the person injured and shall state in ordinary lan
guage the cause of the injury and the date at which it was sustained,
and shall be served on the employer, or if there is more than one em
ployer, upon one of such employers.
(3) The notice may be served by delivering the same to or at the resi
dence or place of business of the person on whom it is to be served.
(4) The notice may be served by post addressed to the person on
whom it is to be served at his last known place of residence or place of
business, with postage prepaid and registered, and if served by post
shall be deemed to have been served at the time when the letter con
taining the same would have been delivered in the ordinary course of
post; and in proving the serving of such notice it shall be sufficient to
prove that the notice was properly addressed, posted, and registered.
(5) Where the employer is a body of persons corporate or incorporate
the notice may also be served by delivering the same or sending it by
post in manner above provided in a registered letter addressed to the
employer at the office, or if there be more than one office, any of the
offices of such body.
Separate ae
S ec . 9. Whenever two or more persons claiming to be beneficiaries of
tions.
any deceased employee, whose beneficiaries are entitled to compensa
tion under the provisions of this ordinance, bring separate actions to
recover such compensation, such actions shall be consolidated and tried
as one action upon the application of any party to either or any of such
actions, or by direction of the judge.
Contractors.
S ec . 10. (1) Where a person, in this section referred to as the con
tractor, in the course of or for the purposes of his trade or business, con
tracts with any other person, in this section referred to as the subcon
tractor, for the execution by or under the subcontractor of the whole or
any part of any work undertaken by the contractor, the contractor shall
be liable to pay to any workman employed in the execution of the
work the compensation which he would have been liable to pay if that
workman had been immediately employed by him.
(2)
Subsection (1) shall not apply where the accident happens else
where than on or in or about the premises upon which the contractor has
undertaken to execute the work or which are otherwise under his con
trol or management.
Award
prior
S e c . 1 1 . Where any employer becomes liable under this ordinance
claim.
to pay compensation in respect of any accident and is entitled to any
sum from insurers in respect of the amount due to a workman under
such liability, such workman shall have a first charge upon the sum
aforesaid for the amount so due, and the judge of the territorial court
may direct the insurers to pay such sum into any chartered bank of
Canada in the name of the clerk of such court and order the same to
be applied in accordance with the provisions of this ordinance.
Third parties.
S ec . 22. Where the injury for which compensation is payable under
this ordinance was caused under circumstances creating a legal liability
in some person other than the employer to pay damages in respect
thereof, the workman may, at his option, proceed either at law against
that person to recover damages or against his employer for compensation
under this ordinance, but not against both, and if compensation be paid
under this ordinance the employer shall be entitled to be indemnified
by the said other person.
Contractors not
S ec . 13. No contractor or subcontractor shall be entitled to receive
employees.
compensation under this ordinance, but shall be deemed to be an
employer.
Assignment s,
S ec . 14. No claim for compensation due under this ordinance shall
etc.
be assignable, and all compensation due hereunder shall be exempt
from execution, garnishee, and attachment.
Waivers.
S ec . 15. No agreement by a workman to waive his rights or the
rights of his dependents to compensation under this ordinance shall be
valid. Any such agreement existing at the date this ordinance comes
in force shall on and after that date be null and void.
Defenses bar
S e c . 16. It shall not be a defense to a claim under this ordinance
red.
that the workman assumed the risks of the employment or that the
injury or death was approximately caused by the contributory negli
gence of the workman.

T E X T

O F

L A W S —

Y U K O N

T E R R IT O R Y .

1175

F ir s t S c h e d u l e .

S ection 1. The amount of compensation under this ordinance shall „ Compensation

be:
for~
(a) In the event of the death of a workman resulting from injury Death,
his dependents shall be entitled to receive the sum of two thousand
five hundred ($2,500) dollars.
(b) Where a workman leaves no dependents, such sum for the
expenses of his burial, medical attendance, nursing, care, and main
tenance shall be paid by the employer to the persons to whom such
expenses are due, but not exceeding in all the sum of five hundred
($500) dollars: Provided, That the burial expenses, not exceeding the
sum of one hundred and fifty ($150) dollars, shall be a first charge on
the said amount.
S e c . 2. When a workman receives an injury arising out of and in Total disability;
the course of his employment, as the result of which he is totally and
permanently disabled, he shall be entitled to receive as compensation
the sum of three thousand ($3^,000) dollars.
S e c . 3. When a workman receives an injury arising out of or in the Partial disabilcourse of his employment resulting in his partial disability, he shall
be paid in accordance with the following schedule:
For the loss of a thumb, five hundred ($500) dollars.
Schedule.
For the loss of an index finger, three hundred ($300) dollars.
For the loss of any finger other than the index finger or thumb, two
hundred ($200). dollars.
For the loss of a great toe, three hundred ($30Q) dollars.
For the loss of any other toe than the great toe, one hundred and
fifty ($150) dollars.
The loss of the first phalange of the thumb or of any finger or toe
shall be considered to be equal to the loss of one-half of such thumb,
finger, or toe, and the compensation to be paid shall be one-half of the
above amounts.
For the loss of a hand, one thousand five hundred ($1,500) dollars.
For the loss of an arm, two thousand ($2,000) dollars.
For the loss of a foot, one thousand five hundred ($1,500) dollars.
For the loss of a leg, two thousand ($2,000) dollars.
For the loss of an eye, one thousand five hundred ($1,500) dollars.
For the loss of an ear, two hundred and fifty ($250) dollars.
For the loss of the nose, six hundred ($600) dollars.
S e c . 4. For other injuries causing temporary disability the employer Temporary disshall pay to the workman weekly during the period of such disability, abilityfifty per cent of his daily average wages: Provided, however, That the
period for the payment of temporary disability shall not exceed six
months. In all cases where the injury develops or proves to be such
as to entitle the workman to compensation under some provision in
this schedule relating to cases other than temporary disability, and
the workman has been paid compensation for temporary disability,
the amount so paid him shall be deducted from the amount to which
he shall be entitled under such provision in this schedule.
S e c . 5. The loss of both hands or both arms or both feet, or both legs Loss * of both
or both eyes, or any two thereof, shall constitute total and permanent hands, etc.
disability and be compensated according to the provisions of this ordi
nance with reference to total and permanent disability.
S e c . 6 . Amputation between the elbow and the wrist shall be con- Amputations,
sidered equivalent to the loss of a hand, and amputation between the
knee and the ankle shall be considered equivalent to the loss of a foot.
S e c . 7. Whenever such workman receives an injury arising out of, Disabilities not
and in the course of employment, as a result of which he is partially in schedule,
disabled, and the disability so received is such as to be permanent in
character, and such as not to become wholly within any of the specific
cases for which provision is herein made, such workman shall be enti
tled to receive as compensation a sum which bears the same relation
to the amount he would be entitled to receive hereunder if he were
totally and permanently disabled, that the loss of earning capacity of
such workman, by reason of the accident, bears to the earning capacity
such workman would have had had he not been injured, the amount
in no case to exceed three thousand ($3,000) dollars.
S e c . 8 . To illu stra te : If said w orkm an w ere of a class th a t w ou ld
Same,
e n title h im to three th ou san d ($3,000) dollars u n d er th is sch e d u le if

1176

’s

C O M P E N S A T IO N

L A W S

O F

C A N A D A .

he were totally and permanently disabled and his injury would be
such as to reduce his earning capacity twenty-five per cent, he would
be entitled to receive seven hundred and fifty ($750) dollars, it being
the amount that bears the same relation to three thousand ($3,000)
dollars that twenty-five per cent does to one hundred per cent. Should
such workman receive an injury that would impair his earning capacity
seventy-five per cent he would be entitled to receive two thousand
two hundred and fifty ($2,250) dollars, it being the amount that bears
the same relation to three thousand ($3,000) dollars that seventy-five
per cent does to one hundred per cent.
„S ? her rates> ®EC* 9. If an injured workman entitled to compensation hereunder
when.
shall be paid compensation under any subdivision or part of this
schedule, and it shall afterwards develop that he is or was entitled to
a higher rate of compensation under some other part or subdivision of
this schedule, then and in that event he shall receive such higher
rate, after first deducting the amount that has already been paid to him:
Provided, however, That no compensation under such increased rate
shall be paid unless the disability entitling the workman thereto shall
develop within two years after the injury.
Settlements.
S ec . 10. At any time subsequent to the injury the employer and
the workman shall have the right to compromise and settle any claim
for injury hereunder, and^ the workman shall have the right to give
full satisfaction and acquittance therefor and thereby discharge the
employer from further liability, and such satisfaction and acquittance
shall be binding upon the said employer, workman, and beneficiary
under this ordinance and all other persons whatsoever.
Medical examiS e c . 11. (1) Where a workman has given notice of an accident he
nations.
shall, if so required by the employer, submit himself for examination
by a duly qualified medical practitioner provided and paid by the
employer, and if he refuses to submit himself to such examination, or
in any way obstruct the same, his right to compensation and any pro
ceeding under this ordinance in relation to compensation shall be
suspended until such examination takes place.
Refusing treat(2) No compensation shall be payable in respect of the death or
ment.
disability of an employee if his death is caused, or if, and so far as, his
disability is caused, continued, or aggravated by an unreasonable
refusal to submit to medical treatment, or to any surgical treatment,
the risk of which is, in the opinion of the judge, inconsiderable in view
of the seriousness of the injury. ^
rayments in S ec. 12. The payment shall, in case of death, be made to the legal
case of death.
personal representative of the workman, or, if he has no legal personal
representative, to or for the benefit of his dependents, or, if he leaves
no dependents, to the person to whom the expenses are due; and if
made to the legal personal representative shall be paid by him to or
for the benefit of the dependents or other person entitled thereto under
this ordinance.
Dependents.
Sec. 13. Any question as to who is a dependent or as to the amount
payable to each dependent shall, in default of agreement, be settled
by the judge.
investments.
S e c . 14. The sum allotted as compensation to a dependent may be
invested or otherwise applied for the benefit of the person entitled
thereto, as agreed or as ordered by the judge.
D e p osits in
S ec . 15. Any sum which is ordered by the judge or is agreed to be
bank.
invested may be invested in whole or in part in the savings department
in any chartered bank in Canada by the clerk of the territorial court
in his name as such clerk and trustee.
Sec. 16. Any workman receiving weekly payments under this ordi
Medical examinations.
nance shall, if so required b y the employer, or by any person by whom
the employer is entitled under this ordinance to be indemnified, from
time to time submit himself for examination by a duly qualified medical
practitioner provided and paid by the employer, or such other person;
but if the workman objects to an examination by that medical practi
tioner, or is dissatisfied with the certificate of such practitioner upon
his condition when communicated to him, he may submit himself for
examination to a medical practitioner appointed by the judge, and the
certificate of that medical practitioner as to the condition of the work
man at the time of his examination shall be given to the employer and

T E X T

O F

L A W S —

Y U K O N

T E R R IT O R Y .

workman, and shall be conclusive evidence of that condition. If the
workman refuses to submit himself to such examination, or in any way
obstructs the same, his rights to such weekly payment shall be susj ended until such examination has taken place.
Sec. 17. Any weekly payment may be reviewed at the request either
of the employer or of the workman, and on such review may be ended,
diminished, or increased, subject to the maximum above provided,
and the amount of payment shall, in default of agreement, be settled
by the judge.
Sec. 18. Unless with the approval of the judge a weekly payment or
a sum paid by way of redemption thereof, shall not be capable of being
assigned, charged, or attached, and shall not pass by operation of law
except to a personal representative, nor shall any claim be set off against
the same.
Sec. 19. Where a dependent is not a resident of the Yukon Territory
he shall not be entitled to compensation unless by the law of the place
or country in which he resides the dependents of a workman to whom
an accident happens in such place or country if resident in the Yukon
Territory would be entitled to compensation; and where such depend
ents would be entitled to compensation under such law the compensa
tion to which the non-resident dependent shall be entitled under this
part shall not be greater than the compensation payable in the like
case under that law.

1177

Review
awards.

Assignments.

Comity.

S e c o n d Sc h e d u l e .
S e c t io n 1 . Upon application in writing to a judge of the territorial
court stating particulars of applicant’s claim for compensation, and
that the employer from whom such compensation is claimed has failed
or refused to pay the amount claimed, the judge shall fix a date for
hearing the evidence on behalf of the claimant and of the employer,
and shall cause notice of such hearing to be served on such parties as he
considers should be notified, and after hearing evidence and making
such enquiry and investigation as he shall deem necessary, shall
decide the claim in accordance with the terms of this ordinance, and
shall make such order for payment of the amount awarded (if any) as
he may deem just. ’
Sec. 2. The decision of the judge upon any claim under this ordi
nance shall be final and conclusive and there shall be no appeal there
from.
Sec. 3. Application for hearing, notice of hearing, judgment, and
all documents and entries necessary to be prepared and made for the
enforcement of any of the provisions of this ordinance, shall be prepared
and made by the clerk of the territorial court, and the fees therefor shall
be nominal and as far as may be in accordance with the scale of fees
applying to small debt procedure under the judicature ordinance.
Sec. 4. The judge may award such sum as he may deem reasonable
to the successful party to a contested claim for compensation or to any
other contested matter as to compensation, for the expenses he has
been put to by reason of or incidental to the contest, and an order of the
judge for payment by an emp.oyer of any sum so awarded shall become
a judgment of the court and may be enforced accordingly.
Sec. 5. An order of the judge for payment of compensation by an
employer or any other order for the payment of money made under the
authority of this ordinance may, when entered by the clerk of the
court, be enforced as a judgment.
Sec. 6. There shall be a special register kept by the clerk of the ter
ritorial court in which all matters and causes dealt with or coming be
fore a judge of the territorial court under this ordinance, and all pro
ceedings therein, shall be entered by said clerk.
Sec. 7. Proceedings hereunder shall be entitled in the territorial
court and the rules of court applying to originating summons shall as
far as may be apply thereto. No proceedings shall be defeated on any
technical objection, but the rights of the parties as defined by this ordi
nance shall be determined and settled by the judge without pleadings or
other formality except such as may be necessary for the proper conduct
of proceedings for the determination and enforcement of such rights.
Sec. 8. [Relates to Whitehorse district.]
Assented to April 24, 1917.

Disputes.

Decision.

Duty of clerk.

Costs.

Enforcement.

Procedure.

DOM INION OF CANADA.
ACTS OF 1918.
Chapter 15.— Compensation of workmen for injuries.
Law of place of
injury.

P a y m en t s ,
made, to whom.

Fund.

Option.

Regulations.

Section 1. (1) An employee in the service of His Majesty who is
injured, and the dependents of any such employee who is killed, shall
be entitled to the same compensation as the employee, or as the depen
dent of a deceased employee, of a person other than His Majesty would,
under similar circumstances, be entitled to receive under the law of the
Province in which the accident occurred, and the liability for and the
amount of such compensation shall be determined in the same manner
and by the same board, officers or authority, as that established by the
law of the province for determining compensation in similar cases, or by
such other board, officers or authority or by such court as the governor
in council shall from time to time direct.
(2) Any compensation awarded to any employee or the dependents
of any deceased employee of His Majesty by any board, officer or
authority, or by any court, under the authority of this act, shall be paid
to such employee or dependent or to such person as the board, officer, or
authority or the court may direct, and the said board, officer, authority
and court shall have the same jurisdiction to award costs as in cases be
tween private parties is conferred by the law of the Province where the
accident occured.
(3) Any compensation or costs awarded hereunder may be paid by
the Minister of Finance out of any unappropriated moneys in the Con
solidated Revenue Fund of Canada.
(4) Provided, That no employee on the Canadian Government Rail
ways, who is an employee within the meaning of the Intercolonial and
Prince Edward Island Railways Employees’ Provident Fund Act, shall
be entitled to compensation under this act for or on account of any in
jury for which an allowance is provided under the provisions of the said
provident fund act, unless such employee has, prior to the date of the
injury for which compensation is sought, given notice in writing to the
general manager of the said railways under whom he is employed, elect
ing to accept the compensation under this act instead of such allowance,
and no person who has so elected shall be entitled to any such allowance.
And provided further, That no dependent of any such employee who is
killed shall be entitled to any compensation under this act unless such
employee has made election as aforesaid.
S e c . 2 . The governor in council may make regulations as to the title
of the dependent and the effecting of service of process in proceedings
under this act.
Assented to May 24, 1918.

1178

INDEX.
Abrogation of defenses. {S e e Defenses.)
Page.
Accidentalinjury as proximate cause, decisions as to.................................................................................128-135
Accident boards. ( S e e Commissions, administrative.)
Accidents,notice and claim for, decisions as to ............................................................................................ 244-248
Accidents,notice and claim for, law as to:
Alabama.............................................................................................................................................................
278
Alaska.............................................................................................................................................................. 293-295
Alberta............1.......................................................................................................................................... 1057,1062
Arizona............................................................................................................................................................ 304,305
Bri tish Columbia.............................................................................................................................................. 1079
California......................................................................................................................................... 315,316,318,319
Colorado.......................................................................................................................................................... 348,359
Connecticut............................................................................................................................................. 373,377,381
Delaware......................................................................................................................................................... 392,395
Hawaii................................................................................................................................................................
408
Idaho.............................................................................................................................................................. 421,422
Illinois.................................................................................................................................................................
448
Indiana........................................................................................................................................................... 455,456
Iowa................................................................................................................................................................. 471,472
Kansas...................................................................................................................................................... 494,495,498
Kentucky................................................................................................................................................ 506-508,513
Louisiana........................................................................................................................................................ 529,532
Maine...................................................................................................................................................................
542
Manitoba..................................................................................................................................................... 1090-1093
Maryland........................................................................................................................................................ 563,566
Massachusetts................................................................................................................................................ 573,574
Michigan.............................................................................................................................................................
594
Minnesota................ ......................................................................................................................................612,613
Missouri.......................................................................................................................................................... 632,633
Montana........................................................................................................................................... 647,652,664,665
Nebraska......................................................................................................................................................... 677,685
Nevada............................................................................................................................................................ 699,700
ISfew Brunswick.............................................................................. .•............................................... 1112,1115,1116
New Hampshire......................................................................................................................... '.....................
705
New Jersey.................................................. ................................................................................... 712,713,717,724
New Mexico............................................................................................................................................ 732,733,735
New York....................................................................... ...................................................................... 748,749,753
North Dakota....................................................................................................................................................
774
Nova Scotia.............................................................................................................................. 1128,1129,1133,1134
Ohio.....................................................................................................................................................................
787
Oklahoma.................................................................................................................. ................................... 800-802
Ontario................................................................................................................................................................ 1146
Oregon............................................................................................................................................................. 824,825
Pennsylvania.................................................................................................................................. 835,836,838,839
Porto Rico...................................................................................................................................................... 858,859
Quebec................................................................................................................................................................. 1170
Rhodelsland.....................................................................................................................................................
869
South Dakota....................................................................................................................................................
882
Tennessee............................................................................................................................................................
896
Texas...................................................................................................................................................................
917
Utah.....................................................................................................................................................................
932
Vermont.......................................................................................................................................................... 950,951
Virginia...............................................................................................................................................................
S61
W ashingtlon................................................................................................................. .....................................
985
W est Virginia.................................................................................................................................................... 1011
Wisconsin........................................................................................................................................................... 1024
Wyoming............................................................................................................................................................ 1035
Yukon Territory........................................................................................................................................1173,1174
United States, civil employees.................................................................................................................... 1046
Accidents, reports of, law as to:
Alabama.......................................................................................................................................................... 284,285
Alberta................................................................................................................................................................ 1062
British Columbia.............................................................................................................................................. 1079
Colorado..............................................................................................................................................................
348
Connecticut.............................................................................................................................. ........................
377
Delaware......................................................................................................................................................... 396,397
Hawaii.................................................................................................................................................................
412
Idaho................................................................................................................................................................ 431,432
Illinois.................................................................................................................................................................
451
Indiana...............................................................................................................................................................
464
Iowa...................................................................... ...............................................................................................
483
Kentucky............................................................................................................................................................
513
Maine...................................................................................................................................................................
547
Manitoba............................................................................................................................................................ 1104
Maryland............................................................................................................................................................
563
Massachusetts............................................................ ................................................................................... 577,578
Michigan.......................................................................................................................................................... 598,599
Minnesota....................................................................................................................................................... 620,621
Missouri.............................................................................................................................................................
631

1179

1180

INDEX.

Accidents, reports of, law as to—Concluded.
Page.
Montana................................................................................................................................................... 652,660,666
Nebraska............................................................................................................................................................
680
Nevada............................................................................................................................................................ 698,699
New Brunswick................................................................................................................................................ 1116
New York...........................................................................................................................................................
763
North Dakota....................................................................................................................................................
775
Nova Scotia........................................................................................................................................................ 1134
Ohio................................................................................................................................................................. 794,795
Oklahoma...........................................................................................................................................................
808
Ontario................................................................................................................................................................ 1162
Oregon.................................................................................................................................................................
825
Pennsyl /ania.....................................................................................................................................................
848
858
Porto Rico........... ..............................................................................................................................................
Rhode Island.....................................................................................................................................................
876
889
South D akota........................................................................................................................... ........................
Texas............................................................................................................................................................... 918,919
Utah.....................................................................................................................................................................
S40
Vermont.......................................................................................................................................................... 954,955
Virginia........................................................................................................................................................... 967-969
Washington........................................................................................................................................................
986
West Virginia................................................................................................................................................. 998,999
Wyoming........................................................................................................................................................... 1035
United States, civil employees...................................................................................................................... 1047
Accidents, what are, decisions as to ................. ..............................................................................................107-118
Administrative boards. (See Commissions, administrative.)
Admiralty, decisions as to.................................................................................................................................. 160-164
Admiralty, law as to ...............................................................................................................................................
Age to be considered in making awards, law requiring:
British Columbia.............................................................................................................................................. 1074
California........................................................................................................................................................ 314,317
Colorado.......................................................................................................................................................... 351,357
Idaho...................................................................................................................................................................
419
Illinois.................................................................................................................................................................
441
Iowa.....................................................................................................................................................................
476
Kentucky............................................................................................................................................................
505
Manitoba............................................................................................................................................................ 1092
Maryland............................................................................................................................................................
565
Massachusetts....................................................................................................................................................
584
Missouri..............................................................................................................................................................
629
Nevada................................................................................................................................................................
697
New York...... ...................................................................................................................................................
746
North Dakota................................................................................................................................................. 767,768
Nova Scotia....................................................................................................................................................... 1134
Ohio............................................ .........................................................................................................................
791
Oklahoma...........................................................................................................................................................
798
Ontario.......................................................................................................................................- ...................... 1147
South Dakota.....................................................................................................................................................
886
Texas....................................................................................................................................................................
914
Utah.....................................................................................................................................................................
938
Wisconsin.................................................................................................................................................... 1021,1023
United States, civil employees............................................................................................................... 1043,1046
Aggravation of prexisting conditions decisions as to..................................................................................128-134
Agreements, law as to:
Alabama.......................................................................................................................................................... 269,270
Alaska.................................................................................................................................................................
292
Arizona....................................................................................................... - ...................................................304-308
California............................................................................................................................................................
325
Colorado......................................................................................................................- ......................................
361
Connecticut.................................................................................................................................................... 377,378
Delaware..................................................................................................................................... .......................
393
Hawaii.......................................................................................................... ......................................................
409
Idaho..........................•................................................................................................................................... 421,424
Illinois............................................................................................................................................................. 444,448
Indiana........................................................................................................................................................... 462,464
Iowa.................................................................. .............................................................................................. 478,480
Kansas................................................................................................................................................................
495
Kentucky.................................................................................................................................................510,512,513
Louisiana........................................................................................................................................................ 528,530
Maine............................................................................................................................................................... 545^548
Massachusetts....................................................................................................................................................
575
Michigan................................................................ ............................................ ............................................ 596,599
Minnesota........................................................................................................................................................614,615
Missouri...............................................................................................................................................................
632
Nebraska............................ ........................................................................................................................... 67.8,680
New Hampshire............................................................................................................................................ 706,707
New Jersey..................................................................................................................................................... 713,714
New York....................................................................................................................................................... 749,750
Oklahoma........................................................ .............................................................................................. 800, 801
Ontario.............................................................................................................................................................. 1146
Pennsylvania................................................................................................................................................ 888, 848
Quebec....................................................................................................................................................... . 1169,1170
Rhode Island.......................................................................................... ................. ........................ . 871,876,878
South Dakota................................................................................................................................................. 883, 888
Tennessee................................................................................................................... ................................... 897,903
Texas................................................................................................................................................................. .
914
Vermont................................................................................................................................................... 944,949-951
Virginia........................................................................................................................................................... 960,967
Wisconsin.................................................................................................................................................... 1024,1025
Yukon Territory......................................................................................................................................... ... 1176

INDEX.

1181

Agriculture, exclusion of..................................................................................................................................... 135-137
Alabama:
Analysis of law of...............................................................................................................................................
21
Text of law of.................................................................................................................................................. 267-288
Alaska:
Analysis of law of.............................................................................................................................................
22
Constitutionality of law of...............................................................................................................................80.81
Textoflaw of....................................................................................... ........................................................ 289-300
Alaskan Railway, law relating t o ................................................................................................................ 1049,1050
Alberta:
Analysis of law of..............................................................................................................................................
259
Text of law of............................................................................................................................................. 1051-1066
Alien beneficiaries, nonresident, decisions as to (see also Representation of aliens by consuls)........ 169,170
Alien beneficiaries, nonresident, law as to:
Alabama.............................................................................................................................................................
279
Alberta................................................................................................................................................................ 1056
British. Columbia.............................................................................................................................................. 1072
Colorado.............................................................................................................................................................
354
Connecticut.................................................................................................................................................... 374,375
Delaware............................................................................................................................................................
394
Hawaii...............................................................................................................................................................
404
Idaho...................................................................................................................................................................
418
Illinois.................................................................................................................................................................
437
475
Iowa....................................................................................................................................................................
Kansas...............................................................................................................................................................
490
Kentucky...........................................................................................................................................................
506
Maine...................................................................................................................................................................
536
Manitoba............................................................................................................................................ 1088,1089,1105
Maryland...........................................................................................................................................................
562
Minnesota....................................................................................................................................................... 614,615
Montana......................................................................................................................................................... 646,647
Nebraska........................................................................................................................................................ 674,675
695
Nevada...............................................................................................................................................................
New Brunswick........................................................................................................................................ 1111,1122
New Hampshire...............................................................................................................................................
705
New Jersey.........................................................................................................................................................
712
New Mexico.......................................................................................................................................................
738
New York..........................................................................................................................................................
7/48
Nova Scotia....................................................................................................................................................... 1128
Ohio.....................................................................................................................................................................
795
Oklahoma..........................................................................................................................................................
800
Ontario............................................................................................................................................................... 11^4
Oregon............................................................................................................................................................. 814,824
Pennsylvania....................................................................................................................................... . ...........
835
Quebec................................................................................................................................................................ 1169
Tennessee...........................................................................................................................................................
903
Texas..................................................................................................................................................................
915
Utah....................................................................................................................................................................
930
Virginia.......................................................................................................................... ...................................
964
Washington............................................................................................................... .......................................
975
West Virginia..............................................................................................................................................
1011
Wisconsin......................................................................................................................................................... . 1023
Wyoming................................................................................................................................ .......................... 1034
Yukon Territory............................................................................................................................................... 1177
Amount of compensation, law as to:
Alabama.......................................................................................................................................................... 270-277
Alberta........................................................................................................................................................ 1057-1061
Alaska.................................................................................................................................. .......................... 289-291
Arizona...................................................................................... ..................................................................... 302,303
British Columbia..................................................................... ................................................................. 1071-1074
California.........................................................................................................................................................312-315
Colorado.......................................................................................................................................................... 352-359
Connecticut..................................................................................................................................................... 374-37-6
Delaware................................................................................... ..................................................................... 389-392
Hawaii............................................................................................. ............................................................... 403-408
Idaho......................................................................................................................................... ..................... 416-421
Illinois.................................................................................................................................................... ........ 436-441
Indiana............................................................................................................................................................ 456-460
Iowa................................................................................................................................................................. 472-475
Kansas............................................................................................................................................................. 49Q-493
Kentucky........................................................................................................................................................ 501-507
Louisiana....................................................................................................................................................... 525-528
Maine............................................................................................................................ .................................. 540-543
Manitoba......................................................................................................... ........................................... 1093,1094
Maryland ........................................................................................................................................................ 560-563
Massachusetts................................................................................................................................................ 570-573
Michigan......................................................................................................................................................... 590-593
Minnesota....................................................................................................................................................... 607-612
Missouri.......................................................................................................................................................... 625-629
Montana.......................................................................................................................................................... 649-651
Nebraska......................................................................................................................................................... 672-674
Nevada............................................................................................................ ............................................... 694-699
New Brunswick......................................................................................................................................... 1114,1115
New Hampshire............................................................................................................................................ 705,706
N ew Jersey..................................................................................................................................................... 709-712
New Mexico............................................................................................................................................ 729,735-738
New York....................................................................................................................................................... 746-748
North Dakota.........................................................................................................................................- —
Nova Scotia........................ '.............................................................................................................. 1129,1132,1133

1182

m rE x.

Amount of compensation, law as to—Concluded.
Page.
Ohio.......................................................................................................................................................... 789-791,793
Oklahoma....................................................................................................................................................... 798-800
Ontario..........•.............................................................................................................................................. 1149,1150
Oregon............................................................................................................................................................. 819-823
Pennsylvania................................................................................................................................................. 831-833
Philipp in e Islands............................................................................................................................................
855
Porto Rico...................................................................................................................................................... 855,857
Quebec........................................................................................................................................................ 1168,1169
Rhode Island.............................................„.................................................................................................. 866-871
South Dakota................................................................................................................................................. 882-886
Tennessee............................................................ ........................................................................................... 896-901
Texas............................................................................................................................................................... 909-913
Utah................................................................................................................................................................. 936-938
Vermont.......................................................................................................................................................... 9*6-949
Virginia........................................................................................................................................................... 931-964
Washington.................................................................................................................................................... 979-983
West Virginia...................................................................................... *..................................................... 1006-1011
Wisconsin...................................... ............................................................................................................. 1017-1022
Wyoming..................................................................................................................................................... 1088-1040
Yukon Territory........................................................................................................................................ 1175,1176
United States, civil employees.............................................................................................................. 1043-1046
(S e e a lso Schedule rates.)
Analysis of Canadian laws. ( S e e under name of Province.)
Analysis of State laws. ( S e e under name of State.)
Appeals, decisions as to ...................................................................................................................................... 251,252
Appeals. (S e e also Suits.)
(<Arising out of and in course of employment ” ............................................................................................ 170-188
Arizona:
Analysis of law of.............................................................................................................................................
23
Constitutionality of law of.............. . . ............................................................................... 69,70,82,83,89,90,98
Provision of constitution of............................................................................................................................
301
Text of law of................................................................................................................................................. 301-306
Assignments, attachments, etc., law as to:
Alabama......................................................................................................................................................... 280,286
Alaska............................................. ..................................................................................................................
300
Alberta................................................................................................................................................................ 1057
Arizona................................................................................................................................ .......................... 305,306
B ritish Columbia............................................................................................................................................. 1071
California............................................................................................................................................................
323
Colorado..............................................................................................................................................................
359
Connecticut.......................................................................................................................................................
381
Delaware.............................................................................................................................................................
399
Hawaii.................................................................................................................................................................
411
Idaho...................................................................................................................................................................
426
Illinois.............................................................................................................................................................. 447,448
Indiana................................................................................................................................................................
455
Kansas............................................................................................................................................................. 493,494
Kentucky............................................................................................................................................................
507
Louisiana............................................................................................................................................................
531
Maine...................................................................................................................................................................
543
Manitoba............................................................................................................................................................. 1090
Maryland............................................................................................................................................................
565
Massachusetts....................................................................................................................................................
574
Michigan.............................................................................................................................................................
595
Minnesota................................................................................................................................................ : ........
916
Missouri...............................................................................................................................................................
629
Montana..............................................................................................................................................................
651
Nebraska.............................................................................................................................................................
682
Nevada................................................................................................................................................................
698
New Brunswick................................................................................................................................................ 1112
New Hampshire................................................................................................................................................
707
New Jersey.........................................................................................................................................................
716
New York..........................................................................................................................................................
754
North Dakota....................................................................................................................................................
775
Nova Scotia........................................................................................................................................................ 1128
Ohio.....................................................................................................................................................................
791
Oklahoma...........................................................................................................................................................
803
Ontario................................................................................................................................................................ 1146
Oregon.................................................................................................................................................................
824
Pennsylvania.....................................................................................................................................................
837
Porto Rico...........................................................................................................................................................
863
Quebec................................................................................................................................................................. 1169
Rhode Island......................................................................................................................................................
870
South Dakota................................. ..................................................................................................................
881
Tennessee............................................................................................................................................................
896
* Texas....................................................................................................................................................................
907
Utah.....................................................................................................................................................................
938
Vermont........................................................................................................................................................... 952,953
Virginia..............................................................................................................................................................„ 960
Washington........................................................................................................................................................
984
West Virginia..................................................................................................................................................... 1011
Wisconsin............................................................................................................................................................ 1028
Wyoming............................................................................................................................................................. 1041
Yukon Territory.............................................................................................. ........................................ 1174,1177
United States, civil employees.................................................................................................................... 1047
Attachments. (S e e Assignments, etc.)

INDEX.
Attorneys’ fees,lawasto:

1183
Page.

Alabama....... : ................................................................................................................................................ 268,286
Arizona................................................................................................................................................................
305
California............................................................................................................................................................
323
Colorado.......................... ~.................................................................................................................................
360
Connecticut........................................................................................................................................................
381
Delaware.............................................................................................................................................................
399
Hawaii.................................................................................................................................................................
411
Illinois.................................................................................................................................................................
443
Indiana................................................................................................................................................................
464
Iowa................................................................................................................................................................. 478,483
Kansas................................................................................................................................................................
498
Kentucky...........................................................................................................................................................
513
Louisiana...............................................................................................................................‘ ...........................
531
Maryland............................................................................................................................................................
566
Massachusetts....................................................................................................................................................
576
Michigan.............................................................................................................................................................
597
Minnesota..................... : ...................................................................................................................................
606
Missouri..............................................................................................................................................................
629
670
Nebraska................................................................................. ...........................................................................
N ew Hampshire................................................................................................................................................
707
New Jersey...................................................................................................................................... 708,715,725,726
New Mexico.......................................................................................................................................................
738
751
New York..........................................................................................................................................................
North Dakota....................................................................................................................................................
775
Ohio.....................................................................................................................................................................
793
Oklahoma..............: ..........................................................................................................................................
802
Pennsylvania.....................................................................................................................................................
844
Porto Rico..........................................................................................................................................................
864
Rhode Island.................................................................................................................................................
866
South Dakota..................................................................................................................................................... 889
Tennessee............................................................................................................................................................
903
Texas...................................................................................................................................................................
909
953
Vermont.............................................................................................................................................................
Virginia...............................................................................................................................................................
968
Washington.................................. ....................................................................................................................
988
W est Virginia.................................................................................................................................................... 1012
Wisconsin........................................................................................................................................................... 1028
Wyoming............................................................................................................................................................ 1041
Average weekly wages. ( S ee Earnings, determination of, as basis of awards.)
Awards, amount of. ( S e e Amount of compensation.)
Awards, decisions as to ........................................................................................................................ 223-231,248-249
Awards, determination of, law as to:
Alabama.......................................................................................................................................................... 278-281
Alaska..................................................................... ...................................................................................... 294-297
Alberta...................................................................................................................................... 1052,1053,1056,1057
Arizona............................................................................................................................................................ 304-306
British Columbia.............................................................................................................................. 1074,1084,1085
California.......................................................................................................................................... 319-323,333-339
Colorado................................................................................................................ : ....................................... 361-365
Connecticut.................................................................................................................................................... 378-384
Delaware......................................................................................................................................................... 393-395
Hawaii............................................................................................................................................................. 409-411
Idaho................................................................................................................................................................ 424-426
Illinois.............................................................................................................................................................. 444-449
Indiana............................................................................................................................................................ 462-464
Iowa................................................................................................................................................................. 479-484
Kansas.............................................................................................................................................................494^498
Kentucky........................................................................................................................................................510-513
Louisiana........................................................................................................................................................ 529-531
Maine.................... '.......................................................................................................................................... 544-548
Manitoba.......................................................................................................................................... .......... 1090,1093
Maryland........: .............................................................................................................................................. 563-565
Massachusetts................................................................................................................................................ 575-577
Michigan........................* ............................................................................................................................... 596-600
Minnesota........................................................ : .............................................................................................613-616
Missouri............................................ ............................................................................................................. 632-635
Montana.......................................................................................................................................................... 651-656
Nebraska......................................................................................................................................................... 677-682
Nevada............. J............................................................................................................................................. 699-703
New Brunswick................................................................................................................................ 1113,1114,1116
New Hampshire............................................................................................................................................ 704-707
New Jersey....................................................................................................................................... 713-716,723-726
New Mexico.................................................................................................................................................... 732-735
New York........................................................................................................................................ 749-754,758,759
North Dakota................................................................................................................................................ 774,775
Nova Scotia................................................................................................................................................ 1128-1132
Ohio................................................................................................................................................... 787-789,791-795
Oklahoma....................................................................................................................................................... 800-803
Ontario.........................................................................................................................................................1153,1154
Oregon............................................................................................................................................................. 821-827
Pennsylvania.................................................................................................................... 833-835,837-844,852,854
Porto Rico...................................................................................................................................................... 858-860
Quebec......................................................................................................................................................... 1170,1171
Rhode Island.................................................................................................................................................. 871-874
South Dakota...................................................................................... *........................................................ 888-891
Tennessee................................................................................................................................................. 897,901-906
Texas................................................................................................................................................................913-917
Utah.......................................................................................................................................................... 934,935,938
Vermont................................................................................................................................................... 944,950-952

1184

INDEX.

Awards, determination of, law as to—Concluded.
Page.
Virginia.................................................................................................................................................... 960,965-968
Washington............................................................................................................................................. 983,985-988
West Virginia..............................................................................................................................................1011-1014
Wisconsin................................................................................................................. .................................. 1024-1031
Wyoming..................................................................................................................................................... 1035-1037
Yukon Territory............................................................................................................................... 1173,1174,1177
United States, civil employees............................................................................................................... 1048,1049
( S e e a lso Agreements.)
Awards payable to beneficiaries dying, etc., during compensation period, law as to:
Alabama.......................................................................................................................................................... 273,276
Alberta................................................................................................................................................................ ,1059
Arizona................................................................................................................................................................ ’ 303
British Columbia*............................................................................................................................................. 1072
California......................................................................................................................................................... 314,318
Colorado........................................................................................................................................................... 352,353
Connecticut........................................................................................................................................................
374
Delaware......................................................................................................................................................... 391,392
Hawaii............................................................................................................................................................. 404,405
•Idaho................................................................ : ............................................................................................. 416-418
Illinois............................................................................................................................................... 436,437,439,440
Indiana..............................................................................................................................................................
458
Iowa.................................................................................................................................................................. 473,474
Kansas........................................... •................................................................................................................ 490,492
Kentucky........................................................................................................................................................ 503,504
Louisiana............................................................................................................................................................
527
Maine— ......................................................................................................................................................... 540,541
Manitoba............................................................................................................................................................ 1094
Maryland.............................................................................................................................................................
564
Massachusetts....................................................................................................................................................
571
Michigan.................................................................................................................................................. 590,591,593
Minnesota........................................................................................................................................................ 610,611
Missouri...............................................................................................................................................................
627
Montana.............................................................................................................................................................
646
Nebraska......................................................................................................................................................... 675,676
Nevada................................................................................................................................................................
695
New Brunswick................................................................................................................................................ 1115
New Jersey........................................................................................................................................................
711
New Mexico.......................................................................................................................................................
731
New York....................................................................................................................................................... 754,755
North Dakota................................................................................................................................................. 768,769
Nova Scotia............................................................................................................................................... 1132,1133
Ohio.....................................................................................................................................................................
791
Ontario................................................................................................................................................................ 1150
Oregon............................................................................................................................................................. 820,821
Pennsylvania.................................................................................................................................... : ........... 833,834
Rhode Island. .................................................................................................................................................
867
South Dakota....................................................................................................................................................
885
, Tennessee........................................................................................................................................................ 900, 901
Texas...................... ............•..............................................................................................................................
910
Utah.....................................................................................................................................................................
938
Vermont..............................................................................................................................................................
947
Virginia...............................................................................................................................................................
964
Washington........................................................................................................................................................
981
West Virginia.................................................................................................................................................... 1010
Wisconsin........................................................................................................................................................... 1023
W yoming.......................................................................................................................................................... 1040
United States, civil employees...................................................................... : ............................................. 1045
Awards payable to State when no beneficiary, law as to:
California............................................................................................................................................................
341
Massachusetts.....................................................................................................................................................
586
New York....................................................................................................................................................... 747,748
937
Utah........................................................................................................................................... ........................
Awards, schedule of, for specific disabilities. (S e e Schedule.)
Beneficiaries, who are,law as to:
Alabama....................................................................................................................... .................................. 274,275
Alaska........................................................................................................................................................... 289-292
Alberta...................................................................................................................................... 1051,1056,1058,1059
Arizona...............................................................................................................................................................
303
British Columbia.................................................................................................................... •........ 1067,1071,1072
California................................................................................................................................................. 314,315,318
Colorado.......................................................................................................................................................... 352,353
Connecticut........................................................................................................................................................
374
Delaware................................................................................................................................................. 391,394,400
Hawaii............................................................................................................................................................. 404,405
Idaho................................................................................................................................................................416-418
Illinois.............................................................................................................................................................. 436-438
Indiana...............................................................................................................................................................
459
Iowa.......................................................................................................................................................... 472,473,477
Kansas............................................................................................................................................................. 489,490
Kentucky........................................................................................................................................................ 503,504
Louisiana........................................................................................................................................................ 526,527
Maine...................................................................................................................................................................
536
Manitoba........................................................................................................................................... 1087,1093,1094
Maryland....................................................................................................................................................... 562,568
Massachusetts......................................................................................................................................... 571,572,580
Michigan.......................................................................................................................................................... 590,591
Minnesota................................................................................................................................................ 610,611,619
Missouri..............................................................................................................................................................
628
Montana.......................................................................................................................................................... 645-647

INDEX.

1185

Beneficiaries, who are, law as to—Concluded.
Page.
Nebraska.................................................................•...................................................................................... 674-676
Nevada.................................................................................................................................. .......... 694,695,697,698
New Brunswick....................................................................................................................... 1109,1110,1114,1115
New Hampshire............................................................................................................................................ 705,706
New Jersey.....................................................................................................................................................711,712
New Mexico............................................................................................................................. 730,731,735,736,739
New York....................................................................................................................................................... 744,748
North Dakota................................................................................................................................................ 767-769
Nova Scotia....................................................................................................................................... 1123,1132,1133
Ohio................................................................................................................................................................. 790,791
Ontario...................................................................................................................................... 1142,1145,1149,1150
Oregon...................................................................................................................................................... 814,819,822
Pennsylvania.................... ........................................................................................................................... 833,834
Philippine Is! ands...........................................................................................................................................
855
Porto Rico..........................................................................................................................................................
857
Quebec......................................................................................................................................................... 1168,1169
Rhode Island................................................................................................................................................. 866,867
South Dakota............................................................................................................................................... 882,883
Tfennessee........................................................................................................................................................ 900,901
Texas........................................................................................................................................................ 909,910,922
Utah................................................................................................................................................................. 937,938
Vermont.................................................................................................................................................. 943,946,947
Virginia.................... '.........................................................................................................................................
964
Washington...................................................................................... .............................................. 975,979,980,983
West Virginia............................................................................................................................................. 1010,1011
Wisconsin.................................................................................................................................................... 1019,1023
Wyoming.................................................................................................................................................... 1034,1040
Yukon Territory....................................................................................................................................... 1172,1176
Dominion of Canada........................................................................................................................................ 1178
United States, civil employees.............................................................................................................. 1044,1045
Benefit funds, status of, decisions as to............................................................................................................ 99-102
Benefits, amount of. ( S e e Amount of compensation.)
Boards, administrative. ( S ee Commissions, administrative.)
British Columbia:
Analysis of law of..............................................................................................................................................
260
Text of law of............................................................................................................................................. 1067-1086
California:
Amendment of constitution of......................................................................................................................
307
Analysis of law of.............................................................................................................................................
24
Constitutionality of law of........................................................................................................................ 87,88,93
Text of law of.. 1........................................................................................................................................... 307-342
Canada:
Compensation laws of.............................................................................................................. 257-266,1051-1178
Progress of legislation i n ........................................................................................................................... 257,258
Text of Dominion law o f.............................................................................................................................. 1178
Canal Zone................................................................................................................................................................. 1050
Casual employment, decisions as to ................................................................................................................ 140-146
Chart map.................................................................................................................................................................
20
Children unlawfully employed, decisions as to............................................................................................. 153-155
Claim, submission of. ( S ee Accidents, notice and claim for, by employees.)
Colorado:
Analysis of law of.............................................................................................................................................
25
T extof law of....................................................... ........................................................................................ 343-370
Commissions, administrative, law as to:
Alabama.............................................................................................. ..............................................................
284
Alberta........................................................................................................................................................ 1051-1054
British Columbia............................................................................................................................. 1067,1083-1085
California.......................................................................................................................................... 307-310,334-340
Colorado.................................................................................................................................... 343,349,350,365-370
Connecticut..............................................................*............................................................... 376,377,381,383,384
Delaware......................................................................................................................................................... 395,396
Hawaii...................................................................................................................................................... 408-410,413
Idaho............................................................................................................................................................... 422-424
Illinois.............................................................................................................................................................. 442-446
Indiana............................................................................................................................................................ 460-463
Iowa................................................................................................................................................................. 478-484
Kentucky............................................................................................. ......................................................... 508-512
Maine................................................................................................................................................................ 544-548
Manitoba..................................................................................................................................................... 1095-1098
Maryland................................... .................................................................................................................... 549-553
Massachusetts......................................................................................................................................... 574-578,583
Michigan.......................................................................................................................................................... 595-600
Minnesota...........................................................................................................................................................
615
Missouri........................................................................................................................................................... 632-638
Montana.................................................................................................................................................. 639-641,645
Nebraska......................................................................................................................................................... 683-685
Nevada............................................................................................................................................................ 689-694
New Brunswick......................................................................................................................................... 1112-1114
New Hampshire...... .................................................................................................................................... 704,705
New Jersey..................................................................................................................................................... 723-726
New York........................................................................................................................................ 757-759,764,765
North Dakota................................................................................................................................................. 769-772
Nova Scotia.................................................................................................................................................1130-1132
Ohio................................................................................................................................................................. 777-782
Oklahoma....................................................................................................................................................... 805-809
Ontario........................................................................................................................................................ 1152-1159
Oregon........................................................................................................................................................... 810-812

177982°—20—Bull. 272------75

1186

INDEX.

Commissions, administrative, law as to—Concluded.
.
Page.
Pennsylvania.....................................................................: .................................................................... 829,851-854
Porto Rico....................................................................................................................................................... 858-862
Rhode Island............................................................................................................: ........................................
877
South Dakota.................................................................................................................................................. 887-890
Tennessee......... ..................................................................................................................................................
906
Texas........................ .......................................................................................................................................916-922
Utah.......................................................................................................................................................... 925-929,940
Vermont........................................................................................................................................................... 942,944
Virginia............................................................................................................................................................ 966-969
Washington...................................................................................................................................... 988,980,992-996
West Virginia............................................................................................................................................... 997-1003
Wisconsin...................................................................................... ............................................................. 1024-1031
United States, civil employees............................................................................................................... 1047-1049
Commissions, investigative, list of States having............................................................................................ 9,10
Commutation of payments. ( S e e Payments, mode of, law as to.)
Compensation. ( S e e Amount of compensation.)
Compulsory system, law as to:
Alberta................................................................................................................................................................. 1054
Arizona................................................................................................................................................................
301
British Columbia............................................................................................................................................... 1069
California.............................................................................................................................................................
307
Hawaii.................................................................................................................................................................
403
Idaho....................................................................................................................................................................
415
Illinois....................................................... ...................................................................................................... 434,435
Manitoba...........................................................................................................................................*................ 1088
Maryland.............................................................................................................................................................
552
New Brunswick......................................................................................................................................... 1110,1111
New York................................................................................................................................................ 740,744,745
North Dakota.....................................................................................................................................................
766
Nova Scotia........................................................................................................................................................ 1125
Ohio......................................................................................................................................................................
777
Oklahoma...........................................................................................................................................................
797
Ontario................................................................................................................................................................ 1143
Porto Rico.........................................................................................................................................................
856
Quebec................................................................................................................................................................. 1168
931
Utah................................................................................................. ...................................................................
Washington........................................................................................................................................................
973
Wyoming............................................................................................................................................................ 1032
Yukon Territory................................................................................................................................................ 1173
United States, civil employees............................................................................ ........................................ 1043
Connecticut:
Analysis of law of..............................................................................................................................................
26
Text of law of.................................................................................................................................................. 371-387
Constitutions, provisions of:
Arizona................................................................................................................................................................
301
California............................................................................................................................................................
307
New York............................................................................................................................................................
740
Ohio......................................................................................................................................................................
777
Pennsylvania.....................................................................................................................................................
828
Vermont..............................................................................................................................................................
942
Wyoming...........................................................................................................................................................
1032
Constitutionality and cons truction of statutes. ( S e e a lso under specific States)................................... 69-256
Contractors and subcontractors,liability of, law as to:
Alabama..............................................................................................................................................................
283
Alaska..................................................................................................................................................................
292
British Columbia....................................................................................................................................... 1078,1079
California.............................................................................................................................................................
324
Colorado..............................................................................................................................................................
351
Connecticut........... ......................................................... .................................................................................
372
Delaware...........................................................................*.................................................................................
399
Illinois..................................................................................................................................................................
451
Indiana............................................................................................................................................................ 454,455
Iowa.....................................................................................................................................................................
477
Kansas.................................................................................................................................................................
487
Kentucky...............................................................; ...........................................................................................
502
Louisiana............................................................................................................................................................
525
Manitoba............................................................................................................................................ 1089,1090,1100
Maryland.............................................................................................................................................................
567
Massachusetts............................................................................................................ '.......................................
577
Michigan..............................................................................................................................................................
589
Minnesota........................................................................................................................................................ 617,618
Missouri...............................................................................................................................................................
624
Montana.......................................................................................................................................................... 646,647
Nebraska......................................................................................................................................................... 371,672
Nevada............................................................................................................................................................ 688,689
New Brunswick................................................................................................................................................. 1119
New Jersey.,.....................................................................................................................................................
708
New Mexico........................................................................................................................................................
731
New York...........................................................................................................................................................
765
Nova Scotia........................................................................................................................................................ 1139
Ohio.....................................................................................................................................................................
783
797
Oklahoma....................................... ...................................................................................................................
Ontario......................................................................................................................................................... 1144,1145
Pennsylvania.......................................................................................................................................... 828-830,851
Porto Rico................................................................................................................................................•.........
864
South Dakota.....................................................................................................................................................
881
Tennessee............................................................................................................................................................
895
Texas.............................................................................................................................
918
U tah --..................................................................................................................................................................
930
Virginia...............................................................................................................................................................
960

INDEX.
Contractors and subcontractors, liab ility of, law as to—Concluded.

1187
Page.

West Virginia....................................................................................................................................................
999
Wisconsin........................................................................................................................................................... 1016
Yukon Territory............................................................................................................................................... 1174
Contract of employment, statua of. ( S e e Election, mode cf, etc.)
Contractsof waiver. ( S e e Substitute schemes; waivers.)
Contracts providing different benefits. ( S ee Substitute schemes.)
Contributions. ( S e e Premiums.)
Contributions by employees, law as to:
Alabama.............................................................................................................................................................
282
Alberta................................................................................................................................................................ 1056
British Columbia....................................................................................................................................... 1071,1076
California............................................................................................................................................................
327
Connecticut........................................................................................................................................................
380
Delaware.............................................................................................................................................................
398
Hawaii...............................................................................................1................................................................
412
Idaho............................................................................................................................................................... 419,427
Illinois.................................................................................................................................................................
450
Iowa................................................................................................................................................................. 475,478
Kansas................................................................................................................................................................
498
Kentucky........................................................................................................................................................514,515
Louisiana............................................................................................................................................................
534
Monitoba............................................................................................................................................................ 1090
Michigan.............................................................................................................................................................
593
Minnesota...........................................................................................................................................................
617
Missouri..............................................................................................................................................................
630
Montana.......................................................................................................................................................... 648,652
Nebraska......................................................................................................................................................... 677,681
Nevada.................................................................................................................................................... 687,693,694
New Brunswick....... ........................................................................................................................................ 1112
754
New York........................................................................................................................................................
North Dakota................................................................................................................................\...........
775
Nova Scotia................................................................................................................................................ 1128-1130
Ohio.....................................................................................................................................................................
793
Oklahoma...........................................................................................................................................................
803
Ontario........................................................................................................................................................ 1146,1152
Oregon.................................................................................................................................................................
817
Porto Rico..........................................................................................................................................................
862
Quebec.........................................................................................................................................................1169,1171
Rhode Island.....................................................................................................................................................
874
Tennessee...........................................................................................................................................................
905
Texas...................................................................................................................................................................
914
Utah................................................................................................................................................................. 932,933
Vermont.............................................................................................................................................................
954
Washington............................................................................................................................................. 977,978,991
Wisconsin.......................................................................................................................................................... 1025
( S e e also Wages, law as to deductions from.)
Courts, administration of law by:
Alabama.......................................................................................................................................... 269,270,278,279
Alaska............................................................................................................................................................. 295-297
Arizona........................................................................................................................................................... 304,305
Kansas............................................................................................................................................................ 497,498
Louisiana....................................................................................................................................................... 530,531
Minnesota..........................................................................................................................................................
616
New Hampshire........................................................................................................................................... 706,707
New Mexico................................................................................................................................................... 732-734
Quebec................................................................................................................................................................ 1171
Rhode Island....................................................... ......................................................................................... 871-874
Tennessee..........................................................................................................................................................
902
Wyoming.................................................................................................................................................... 1035-1037
Yukon Territory....................................................................................................................................... 1173,1177
Courts, appeal to. ( S e e Suits.)
Coverage, decisions as to.................................................................................................................................... 135-170
Coverage. ( S ee Employments and persons included and excluded.)
Dangerous employments. ( S e e Employments, classification of; also Hazardous employments.)
Defenses, abrogation of, decisions as to ..............................................................................................................90,91
Defenses, abrogation of, law as to:
Alabama............................................................................................................................................................
267
Alaska............................................................................................................................................................. 298,299
California........................................................................................................................................................ 307,311
Colorado.............................................................................................................................................................
345
Connecticut...............; ......................................................................................................................................
371
Delaware............................................................................................................................................................
388
Indiana...............................................................................................................................................................
454
Iowa....................................................................................................................................................................
468
Kansas. . . ^........................................................................................................................................................
499
Kentucky...........................................................................................................................................................
517
Louisiana........................................................................................................................................................ 523,524
Maine...................................................................................................................................................................
537
Massachusetts...................................................................................................................................................
570
Michigan............................................................................................................................................................
588
Minnesota..........................................................................................................................................................
606
Missouri.............................................. ..............................................................................................................
622
Montana....................................................................... *....................................................................................
641
Nebraska........................................................................................................................................................ 669,670
Nevada...............................................................................................................................................................
686
New Hampslure...............................................................................................................................................
704
New Jersey........................................................................................................................................................
708
New Mexico.......................................................................................................................................................
729
New York
745

1188

INDEX.

Defenses, abrogation of, law as to— Concluded.
Page.
North Dakota....................................................................................................................................................
773
Ohio.................................................................................................................................................................. 787,788
Oklahoma...........................................................................................................................................................
798
Oregon.................................................................................................................................................................
814
Pennsylvania................................................................................. ..................................................................
829
Porto Rico.................................................................. *.....................................................................................
863
Rhode Island.....................................................................................................................................................
865
South Dakota.................................................................................. ............................................................. 880,881
Tennessee...........................................................................................................................................................
895
Texas...................................................................................................................................................................
907
Utah....................................................................................................................................................................
934
Vermont.......................................................................................................................................................... 944,945
Virginia...............................................................................................................................................................
960
West Virginia.................................................................................................................................................... 1006
Wisconsin........................................................................................................................................................... 1015
Yukon Territory............................................................................................................................................... 1174
Delaware:
Analysis o f law of..............................................................................................................................................
27
Text of law of................................................................................................................................................. 388-401
Delinquent payments. ( S e e Payments, enforcement of delinquent.)
Dependence, decisions as to ...............................................................................................................................214-222
Dependents. ( S ee Beneficiaries, who are, law as to.)
Disability, decisions as to ( se e a lso Amount of compensation; Schedule rates)..................................... 199,214
Disability, total, when presumed, law as t o :
Alabama.............................................................................................................................................................
272
Alaska.................................................................................................................................................................
291
Alberta................................................................................................................................................................ 1059
California............................................................................................................................................................
314
Colorado..............................................................................................................................................................
357
Connecticut........................................................................................................................................................
375
Delaware...'......................................................................................................................................................
390
Hawaii............................................................................................................................................................. 405,406
Idaho...................................................................................................................................................................
419
Illinois.................................................................................................................................................................
439
Iowa.....................................................................................................................................................................
474
Kansas................................................................................................................................................................
491
Kentucky...........................................................................................................................................................
504
Louisiana............................................................................................... ...........................................................
525
Maine...................................................................................................................................................................
541
Maryland............................................................................................................................................................
561
Minnesota..................................................................................................................................... .....................
610
627
Missouri.................................................................................................................................................... ..........
Montana........................................................................... . . ...............................................................................
651
Nebraska.............................................................................................................................................................
673
Nevada................................................................................................................................................................
696
New Jersey.........................................................................................................................................................
710
New Mexico.......................................................................................................................................................
737
New York.............................. ................................................................................... .......................................
746
790
Ohio....................................................................................................................................................................
Oklahoma.............................................................................. ................. ........................................................
799
Oregon............................................................................................................................................................. 819,820
Pennsylvania.......................................................................................- ............................................................
832
Porto Rico..........................................................................................................................................................
857
Rhode Island................................................................................................................................................. 867,868
South D akota............................................................................................................................................
885
Tennessee............................................................................................................................................................
900
Texas...................................................................................................................................................................
910
Utah................................................................ ....................................................................................................
937
Vermont..............................................................................................................................................................
948
Virginia................................................................................................................................................................
963
Washington........................................................................................................................................................
980
West Virginia..................................................................................................................................................... 1010
Wisconsin............................................................................................................................................................ 1018
Wyoming............................................................................................................................................................ 1039
Yukon Territory............................................................................................................................................... 1175
Disease as accident, decision as to................................................................................................................. 111-114
Disease, occupational, decisions as to ( s e e a lso Occupational diseases, law as to)............................... 118-125
Disfigurement, decisions as to............................................................................................................................ 125-128
Disputes. ( S e e Awards.)
Disputes, decisions as to...................................................................................................................................... 248,249
District of Columbia:
Analysis of law of..............................................................................................................................................
28
Text of law of.....................................................................................................................................................
402
( See. a lso under United States.)
Domestic and farm labor, decisions as to....................................................................................... ................135-137
Dominion of Canada. ( S e e Canada.)
Due process of law, decisions as to....................................................................................................................... 72-79
Earnings, determination of, as basis of awards, law as to:
Alabama.................................................................................... ............................................................. 273,274,287
Alberta................................................................................................................ - .............................................. 1060
Arizona................................................................................................................................................................
302
British Columbia.............................................................................................................................................. 1074
California.................................................................. .•.................................................................................... 317,318
Colorado............................................ ............................................................................................................. 350,351
Connecticut........................................................................................................................................................
376
Delaware.................................................................................................................................................. 392,400,401
Hawaii.............. ........................................................................... ......................................................... 405,407,414
Idaho.............................................. ................................................................................................................ 420,433
Illinois.................................................................................................................................................................
441
Indiana............................................................................................................................................................ 459,467

INDEX.

1189

Earnings, determination of, as basis of awards, law as to—Concluded.
Page.
Iowa............................................................................................. . ........................................................ .
476
Kansas..................................................................................................................................... ...................... 492,493
Kentucky...........................................................................................................................................................
505
Louisiana............................................................................................................................................................
527
Maine.............................................................................................................................................................. 536,537
Manitoba............................................. .......................... ...................... ............... . .................................. 1094,1095
568
Maryland................................................................................................................................................. .
Massachusetts.......................................................................................................................................... .
580
Michigan......................................................................................................................................................... 592,593
Minnesota................................................................ ...................................................................................
618
Missouri........................................................................................................................................................... 628,629
Montana...................................................................................................................................................... ' . . . .
645
Nebraska......................................................................................................................................................... 672,676
New Brunswick............................... ................................................................................................................ 1109
Nevada................................................................................................................................................................
695
New Jersey..................................................................................................................................................... 716,717
New Mexico.......................................................................................................................................................
731
New York....................................................................................................................................................... 744-745
North Dakota......................................................................................................................................... 766,767,769
Nova Scotia........................................................................................................................................................ 1133
Ohio.....................................................................................................................................................................
791
Oklahoma............................................................................................................... ....................................... 796,798
Ontario........................................................................................................................................................ 1150,1151
Oregon......................................................................... ......................................................................................
814
Pennsylvania................................................................................................................................................. 834,835
Porto Rico..................................................................................................... .............................................. 856,857
Quebec....................................................................................... ....................................................................... 1169
Rhode Island................................................................................................................................................. 868,869
South Dakota................................................................................................................................................. 886,891
Tennessee............................................................................................................................................................
893
Texas............................................................................................................................................................... 922,923
Utah.....................................................................................................................................................................
938
Vermont................................................................................................................................................... 943,947,949
Virginia............................................................................................................................................................. .
957
West Virginia.................................................................................................................................................... 1011
Wisconsin.................................................................................................................................................... 1022,1023
United States, civil employees...................................................................................................... 1043,1045,1049
Election, decisions as to..........................................................................................................................................
241
Election, mode of, etc., law as to:
Alabama.......................................................................................................................................................... 267-269
Alaska............................................................................................................................................................. 298-300
Arizona...............................................................................................................................................................
302
British Columbia.............................................................................................................................................. 1069
California............................................................................................................................................................
340
Colorado.......................................................................................................................................................... 345,346
Connecticut........... ........................................................................................................................................ 371,372
Delaware......................................................................................................................................................... 388,389
Illinois.................................................................................................................................................................
434
Indiana............................................................................................................................................................ 453,454
Iowa................................................................................................................................................................. 468-471
Kansas............................................................................................................................................................. 498,499
Kentucky...........................................................................................................................................................
516
Louisiana........................................................................................................................................................ 523,524
Maine...................................................................................................................................................................
538
Manitoba............................................................................................................................................................. 1105
Maryland......................................................................................................................................................... 559,560
Massachusetts....................................................................................................................................................
570
Michigan.......................................................................................................................................................... 588,889
Minnesota...........................................................................................................................................................
607
Missouri..............................................................................................................................................................
622
Montana................................................................................................................................................... 641,642,657
Nebraska......................................................................................................................................................... 669,670
Nevada.............................................................................................................................................. 686-688,702,703
New Brunswick.........................................................................................................................................1110,1 1 1 1
New Hampshire............................................................................................................................................ 704,705
New Jersey..................................................................................................................................................... 709,717
728
New Mexico.........................................................................................................................................- ............
New York.............................................................................................................................................................. 743
North Dakota.................................................................................................................................................
773
Nova Scotia.................................................................................................................................................1124,1125
Oregon...................................................................................................................................................... 812,814,815
Pennsylvania................................................................................................................................................. 829-831
Rhode Island.......................................................................................................................................... 865,866,875
South Dakota.....................................................................................................................................................
880
Tennessee........................................................................................................................................................ 893,894
Texas................................................................................................................................................................ 907,908
Vermont..............................................................................................................................................................
944
Virginia...............................................................................................................................................................
058
Washington........................................................................................................................................................
087
West Virginia...................... ........... - ........................................................................................................ 1003,1004
Wisconsin....................................................................................................................................................1015,1016
Yukon Territory............................................................................................................................................... J173
Dominion oK5anada........................................................................................................................................ 1178
Employee's fault. ( S ee Willful misconduct.)
Employees, who are, decisions as to .............................................. .................................................................135-170
Employers, Joint, CSee Joint employers.)

1190

INDEX.

Employment, public, law as to:
Page.
Alabama..............................................................................................................................................................
268
Alberta................................................................................................................................................................ 1051
British Columbia.............................................................................................................................. 1067-1069,1075
California.........................................................................................................................................................311,340
Colorado..............................................................................................................................................................
344
Connecticut..................................................................................................................................................... 384,387
Delaware.............................................................................................................................................................
401
District of Columbia ( se e a lso under United States)................................................................................
402
Hawaii............................................................................................................................................................. 403,412
Idaho...................................................................................................................................................................
415
Illinois.............................................................................................................................................................. 434-436
Indiana............................................................................................................................................................ 455,467
Iowa.......................................................................................................................................................... 468,476,486
Kansas............................................................................................................................................................. 488,489
Kentucky............................................................................................................................................................
500
Louisiana............................................................................................................................................................
522
Maine................................................................................................................................................................ 535,547
Manitoba..................................................................................................................................................... 1087,1088
Maryland............................................................................................................................................................
560
Massachusetts................................................................................................................................................ 581-584
Michigan........................................................................................................................................... 588,589,595,605
Minnesota...........................................................................................................................................................
619
Missouri..............................................................................................................................................................
623
Montana..............................................................................................................................................................
641
Nebraska......................................................................................................................................................... 669,671
Nevada............................................................................................................................................................ 686,688
New Brunswick.........................................................................................................................................1109,1110
New Jersey.........................................................................................................................................................
718
New York................................................................................................................................................ 744,755,765
North Dakota.....................................................................................................................................................
766
Nova Scotia.................................................................................................................................................1123,1124
Ohio................................................................................................................................................................. 783,784
Oklahoma...........................................................................................................................................................
796
Ontario............................................................................................................................................................... 1143
Oregon.................................................................................................................................................................
826
Pennsylvania.......................................................................................................................................... 828,830,851
Philippine Islands............................................................................................................................................
855
Porto Rico..........................................................................................................................................................
856
Rhode Island....................................................................................................... .......................................... 877-879
Soutn Dakota................................................................................................................................................. 881,891
Tennessee............................................................................................................................................................
894
Utah......................................................................................................................................................... 929,930,932
Vermont................................................................................................................................................... 942,943,945
Virginia........................................................................................................................................................... 957,959
Washington........................................................................................................................................................
986
999
West Virginia....................................................................................................................................................
Wisconsin.................................................................................................................................................... 1015-1017
Wyoming............................................................................................................................................................ 1041
Yukon Territory............................................................................................................................................... 1 172
Dominion of Canada........................................................................................................................................ 1178
United States, civil employees............................................................................................................... 1043-1050
Employments and persons included, decisions as to.................................................................................. 135-170
Employments and persons included and excluded, law as to:
Alabama................................................................................................................................................... 267,268,287
Alaska.............................................................................................................................................................. 289,300
Alberta...................................................................................................................................... 1051,1052,1062-1065
Arizona............................................................................................................................................................ 301,302
British Columbia.............................................................................................................................. 1067-1069,1086
California.......................................................................................................................................... 311,312,339,340
Colorado.......................................................................................................................................................... 344-346
Connecticut..................................................................................................................................................... 371,384
Delaware......................................................................................................................................................... 400,401
Hawaii............................................................................................................................................................. 403,413
Idaho............................................................................................................................................................... 415,432
Illinois............................................................................................................................................................. 434-436
' Indiana................................................................................................................................................... 453-455,467
Iowa..................................................................................., ..................................................................... 468,476,478
Kansas..........................................................................................................................................................
488,489
Kentucky................................................................................................................................................ 500,502,503
Louisiana................................................... ............................................................................................. 522,523,532
Maine........................................................................................................................................................ 535,537,548
Manitoba................................................................................................................................... 1087,1088,1105-1108
Maryland.......................................................................................................................................... 557-560,567,568
Massachusetts................................................................................................................................................. 570,580
Michigan.................... ....................................................................................................................... 588,589,604,605
Minnesota........................................................................................................................................................ 607,619
Missouri........................................................................................................................................................... 622,623
Montana................................................................................................................................................... 642-644,646
Nebraska......................................................................................................................................................... 669,671
Nevada............................................................................................................................................. 686,688,689,702
New Brunswick................................................................................................................................ 1109,1110,1122
New Hampshire................................................................................................................................................
704
New Jersey.....................................................................................................................................: .............. 716 722
New Mexico............................................................................................................................................ 727,729,730
New York........................................................................................................................................ 740-744,756,763
North Dakota.....................................................................................................................................................
766
Nova Scotia....................................................................................................................................... 1123,1124,1141
Ohio.................................................................................................................................................. 782,783,786,794
Oklahoma....................................................................................................................................................... 796,797

INDEX.

1191

Employments and persons included and excluded, law as to—Concluded.
Page.
Ontario...................................................................................................................................... 1142,1143,1145,1164
Oregon....................................................................................................................................... 811-813,816,817,826
Pennsylvania......................................................................................................................................... 828,830,850
Philippine Islands............................................................................................................................................
855
Porto Rico...................................................................................................................................................... 856,864
Quebec.........................................................................................................................................................1168,1170
Rhode Island................................................................................................................................................. 865,879
South Dakota......................................................................................................................................... 880,891,892
Tennessee........................................................................................................................................................ 893,894
Texas............................................................................................................................................................... 907,922
Utah......................................................................................................................................................... 929,930,940
Vermont............................................ ’..................................................................................................... 942,943,945
Virginia........................................................................................................................................................... 957,959
Washington..................................................................................................................................... 973,974,986,987
West Virginia............................................................................................................................................... 999,1013
Wisconsin....................................................................................................................................................1015-1017
Wyoming.................................................................................................................................................... 1032-1034
Yukon Territory.....................................................................................................: ........................................ 1172
United States, civil employees..................................................................................................................... 1049
Employments, classification of, for insurance, etc., law as to:
Alberta........................................................................................................................................................ 1063-1065
Arizona........................................................................................................................................................... 301,302
British Columbia............................................................................................................................................. 1075
California........................................................................................................................................................ .
331
Colorado....................................... .....................................................................................................................
366
Idaho..................................................................................................................................................................
429
K entucky.........................................................................................................................................................
520
Manitoba............................................................................................................................................ 1098,1105-1107
Maryland...........................................................................................................................................................
554
Massachusetts....................................................................................................................................................
579
Michigan.............................................................................................................................................................
603
Montana......................................................................................................................................................... 660-663
New Brunswick........................................................................................................................................ 1116,1117
New Jersey.................................................................................................................................................... 721,722
New Y ork....................................................................................................................................... 740-743,760-762
North Dakota................................................................................................................................................ 771,772
Nova Scotia....................................................................................................................................................... 1135
Ohio................................................................................................................................................................. 777,780
Ontario..................................................................................................................................... 1155-1157,1164-1167
Oregon............................................................................................................................................................. 816,817
846
Pennsylvania................................. : ................................................................................................................
Porto Rico.........................................................................................................................................................
8i30
Texas.................................................................................................................................................................
920
Utah....................................................................................................................................................................
927
W ashingt on..................................................................................................................................... 973-976,978,979
West Virginia.............................................................................................................................................. 1001,1002
Enforcement of payments. ( S e e Payments, enforcement of.)
Equal protection of the law, decisions as to...................................................................................................... 79-83
Evidence, decisions as to................................................................................................................................... 249-251
Exclusions from coverage, miscellaneous decisions as to........................................................................... 14(5-149
Exclusive operation of laws, decisions as to.................................................................................................. 242-244
Exclusiveness of remedy, law as to:
Alabama.......................................................................................................................................................... 268,2 ,9
Alaska.................................................................................................................................................................
292
Alberta............................................................................................................................................................... 1057
British Columbia.............................................................................................................................................. 1071
California............................................................................................................................................................
311
Colorado......................................................................................................................................................... 345,346
Hawaii................................................................................................................................................................
403
Idaho..................................................................................................................................................................
416
Illinois................................................................................................................................................................
438
Indiana...............................................................................................................................................................
454
Iowa....................................................................................................................................................................
469
Kansas............................................................................................................................................ . ..................
492
Kentucky...........................................................................................................................................................
500
Louisiana...........................................................................................................................................................
533
Maine............................................................................................................................................................... 537,538
Manitoba............................................................................................................................................................ 1090
Maryland...........................................................................................................................................................
552
Massachusetts....................................................................................................................................................
580
Michigan.................................................................................................................................................. 588,604,605
Minnesota...........................................................................................................................................................
607
Missouri..............................................................................................................................................................
622
Montana.............................................................................................................................................................
641
Nebraska............................................................................................................................................................
670
Nevada.................................................................... '..........................................................................................
687
New Brunswick............................................................................................................................................... 1112
New Jersey.................................................................................................................................................... 709,725
New Mexico................................................................................................................................................-. 728,729
New York...................................................................................................................................................... 740,745
North Dakota....................................................................................................................................................
766
Nova Scotia...................................................................................................................................................... 1128
Ohio....................................................................................................................................................................
777
Oklahoma.................................................................................................. : ......................................................
797
Ontario........................................................................................................................................................ 1145,1146
Pennsylvania....................................................................................................................................................
831
Quebec................................................................................................................................................................ 1170
Rhode Island................................................................................................................................................. 866,879
South Dakota................................................................................................................................................ 880,886

1192

IWDEX.

Exclusiveness of remedy, law as to—Concluded.
Pag«.
Tennessee............................................................................................................................................................
894
Texas...................................................................................................................................................................
907
Utah.................................................................................................................................................................. 934,935
Vermont.........................................................: ...................................................................................................
945
Virginia................................................................................................................................................................
959
Washington........................................................................................................................................................
973
West Virginia..................................................................................................................................................... 1014
Wisconsin............................................................................................................................................................ 1015
Wyoming............................................................................................................................................................ 1032
Yukon Territory............................................................................................................................................... 1173
United States.................................................................................................................................................... 1043
Exemption of payments from attachment, etc. ( S e e Assignments.)'
Extraterritorial effects of laws, decisions as to.............................................................................................. 155-160
Extraterritoriality, law as to:
267
Alabama.............................................................................................................................................................
Alberta................................................................................................................................................................ 1057
British Columbia.............................................................................................................................................. 1070
California........................ : ............................................... ..................................................................................
334
Delaware...........................................................................................................................................................
388
Hawaii............................................................................................................................................................. 403,411
Idaho............................................................................................................................................................... 416,425
Indiana...............................................................................................................................................................
455
Kentucky............................................................................................................................................................
502
Maine...................................................................................................................................................................
543
Manitoba............................................................................................................................................................ 1088
Maryland............................................................................................................................................................
568
Missouri..............................................................................................................................................................
625
Nevada................................................................................................................................................................
702
New Brunswick................................................................................................................................................ 1111
New York...........................................................................................................................................................
741
North Dakota....................................................................................................................................................
773
Nova Scotia................................................................................................................................................ 1125-1128
Ontario........................................................................................................................................................ 1143,1144
South Dakota.....................................................................................................................................................
881
896
Tennessee.................................................................................................................................... .......................
Texas...................................................................................................................................................................
915
Utah................................................................................................................................................................. 933,934
Vermont..............................................................................................................................................................
945
Virginia...............................................................................................................................................................
963
West Virginia.....................................................................................................................................................
999
Farm labor, decisions as to......................................................................... ’..................................................... 135-137
Fees, attorneys’ . ( S ee Attorneys' fees.)
Fees, medical, decisions as to................................................................................................... ........................ 232-240
Freedom of contract, decisions as to ....................................................................................................................95-99
Hawaii:
Analysis of law of..............................................................................................................................................
29
Constitutionalit y of law of..............................................................................................................................
80
Text of law of................................................................................................................................................. 403-414
Hazardous employmentSj decisions as to ........................................................................................................ 137-140
Hernia as accident, decisions as to.................................................................................................................. 115-118
Hernia as accident, law as to:
Alabama..............................................................................................................................................................
273
Colorado..............................................................................................................................................................
358
Idaho...................... ............................................................................................................................................
420
Kentucky............................................................................................................................................................
501
Missouri...............................................................................................................................................................
627
Montana..............................................................................................................................................................
651
New Jersey..................................................................................................................................................... 710,711
New Mexico.......................................................................................................................................................
737
Oregon.................................................................................................................................................................
820
Texas...................................................................................................................................................................
912
Virginia............................................................................................................................................................ 957,958
West Virginia..................................................................................................................................................... 1006
Idaho:
Analysis of law of..............................................................................................................................................
30
Text of law of................................................................................................................................................. 415-433
Illinois:
Analysis of law of..............................................................................................................................................
31
Constitutionality of law o f................................................................................................................. 85.93,96,105
Text of law of............................................................................................................................................. . 434-452
Indiana:
Analysis of law of..............................................................................................................................................
32
Text of law of................................................................................................................................................. 453-467
Industrial commissions. {S e e Commissions, administrative.)
Industrial rehabilitation. ( S e e Rehabilitation of injured men.)
Injuries compensated, decisions as to.............................................................................................................. 106-135
Injuries compensated, law as to:
Alabama....................................................... ......................................................................................................
287
Alaska.............................................................................................................................................................. 289-291
Alberta....................................................................................................................................... 1051,1056,1061,1066
Arizona................................................................................................................................................................
302
British Columbia....................................................................................................................................... 1067-1069
California......................................................................................................................................................... 308,311
Colorado................................................................................................................................................... 345,354-358
Connecticut..................................................................................................................................................... 375,384
Delaware.............................................................................................................................................................
400
Hawaii............................................................................................................................................................. 403,413
Idaho........................................................................................................................................................ 415,416,432
Illinois..................................................................................................................................................................
434

INDEX.

1193

Injuries compensated, law as to— Concluded.
Page.
Indiana............................................................................................................................................................ 453,467
Iowa...................................................................................................................................................468,469,477,478
Kansas............................................................................................................................................................ 4S7,490
Kentucky........................................................................................................................................................ 500,501
Louisiana................................................................................................................................................. 523,532-534
539,540
Maine...........................................................................................................................................................
Manitoba........................................................................................................................ 1087,1088,1104,1105,1108
Maryland.......................................................................................................................................... 552,564,565,568
Massachusetts............................................ .......................................................................................................
570
Michigan.............................................................................................................................................................
590
Minnesota................................................................................................................................................ 607,619,620
Missouri................................................................. .............................................................................................
623
645
Montana.................................................................................................................................. ..........................
Nebraska......................................................................................................................................................... 669,682
Nevada............... ........................................................................................................................................... 686,687
New Brunswick............................................................................................................................... 1109,1111,1121
New Hampshire...............................................................................................................................................
705
New Jersey.............................................................................................................................................. 708,709,716
New Mexico..................................................................................................................................... 727,729,731,735
New York....................................................................................................................................................... 740,744
North Dakota...................................................................................................... .............................................
766
Nova Scotia.............................................................................................................................. 1123,1125,1140,1141
Ohio........................................................................................................................................... ..................... 777,785
Oklahoma................................................................................................................................................ 796,797,809
Ontario............................................................................................................................. 1142,1143,1162.1163,11G7
Oregon.................................................................................................................................................................
812
Pennsylvania................................................................................................................................................. 828-830
Philippine Islands...........................................................................................................................................
855
Porto Rico...................................................................................................................................................... 856,857
. Quebec....................................................................................................................................... 1 ................ 1168.1169
Rhode Island................................................................................................................................................. 865,866
South Dakota........................................................................................................................................ 880,883,891
Tennessee........................................................................................................................................................ 893,895
Texas........................................................................................................................................................ 907,908,923
Utah............................................................................................................................................................. .. 930,931
Vermont.......................................................................................................................................................... 942,943
Virginia........................................................................................................................................................... 957-959
Washington.................................................................................................................................................... 975,983
West Virginia............................................................................................................................................. 1006,1007
Wisconsin....................................................................................................................................................*1015,1031
Wyoming.................................................................................................................................................... 1032,1034
Ynkon Territory................................................................................................................... .................... 1172,1173
Dominion of Canada........................................................................................................................................ 1178
United States, civil employees...................................................................................................................... 1013
Injuries, second, law as to:
Alabama............. .......................................................................................................................................... 272,273
California............................................................................................................................................................
316
Colorado.......................................................................................................................................................... 351,356
Illinois................................................................................................................................................................
441
Indiana...............................................................................................................................................................
458
Iowa.....................................................................................................................................................................
476
Kansas............................................................................................................................................................. 492,493
Kentucky............................................................................................................................................................
506
Maine...................................................................................................................................................................
537
Maryland............................................................................................................................................................
564
Massachusetts.................................................................................................................................................. .
586
Michigan........... ............................................................................................................................................. 590,593
Minnesota........................................................................................................................................................ 612,621
Missouri...............................................................................................................................................................
627
Montana..............................................................................................................................................................
651
Nebraska............................................................................................................................................................
676
Nevada................................................................................................................................................................
G97
New York...........................................................................................................................................................
747
North Dakota....................................................................................................................................................
772
Ohio.....................................................................................................................................................................
785
Oklahoma...........................................................................................................................................................
800
Oregon............................................................................................................................................................. 818,822
Quebec................................................................................................................................................................. 1168
Rhode Island.....................................................................................................................................................
869
South Dakota....................................................................................................................................................
886
Tennessee............................................................................................................................................................
89G
Texas...................................................................................................................................................................
913
Utah.....................................................................................................................................................................
938
Virginia........................................ : ............ : ......................................................................................................
963
Washington........................................................................................................................................................
982
Wisconsin.................................................................................................................................................... 1021,1023
Insurance, decisions as to................................................................................................................................... 252-2S6
Insurance, law as to:
Alabama.......................................................................................................................................................... 281-283
California................................................................................................................................................. 307,327-329
Colorado................................................................................................................................................... 346-348,360
Connecticut............................................................................................................................................. 380,384-387
Delaware......................................................................................................................................................... 397,398
Hawaii............................................................................................................................................................. 411,412
Idaho............................................................................................................................................................... 426,427
Illinois.............................................................................................................................................................. 449,450
Indiana.................................................................................................................................................... 453,464-467
Iowa................................................................................................................................................................. 484-486
Kentucky...............T....................................................................................................................................... 514-521
Maine............................................................................................................................................................... 538,539

1194

INDEX.

Insurance, law as to—Concluded.
Page.
Manitoba................................................................................................................................... 1092,1093,1101,1102
Maryland......................................................................................................................................................... 552-560
Massachusetts.................................................................................................................................. 578-581,585,586
Michigan.......................................................................................................................................................... 600-605
Minnesota........................................................................................................................................................ 616,017
Missouri............................................................................................................................................. 629-632,637,038
Montana.......................................................................................................................................................... 658-665
Nebraska......................................................................................................................................................... 680,681
New Brunswick....................................................................................................................................... 1116-1118
New Jersey..................................................................................................................................................... 719-723
New Mexico.................................................................................................................................................... 727,728
New Y ork.............................................: ........................................................................................................755,756
Ohio.......................................................................................................................................................... 785,786,794
Oklahoma....................................................................................................................................................... 803,804
Ontario........................................................................................................................................................ 1148,1149
Pennsylvania.....................................................................................................................................................
831
Quebec......................................................................................................................................................... 1169,1170
Rhode Island.......................................................................................................................................... 874-876,879
South Dakota.......................................................................................................................................... 880,890,892
Tennessee........................................................................................................................................................ 904-906
Texas............................................................................................................................................................... 919 924
Utah.....................................................................................................................................................................
931
Vermont.......................................................................................................................................................... 953-956
Virginia.................................................................................................................................................... 959,969-972
Wisconsin.................................................................................................................................................... 1029-1031
Insurance policies, provisions of of law as to:
Alabama.......................................................................................................................................................... 281-283
, California............................................................................................................................................................
328
Colorado..............................................................................................................................................................
347
Connecticut-----•............................................................................................................................................. 380,385
Delaware.............................................................................................................................................................
398
Hawaii.................................................................................................................................................................
412
Idaho............................................................................................................................................................... 426,427
Indiana............................................................................................................................................................ 465,466
Iowa.....................................................................................................................................................................
485
Kentucky............................................................................................................................................................
515
Louisiana........................................................................................................................................................ 531,532
Maine...................................................................................................................................................................
538
Maryland........................................................................................................................................................ 556,557
Massachusetts................................................................................................................................................
584
Michigan.......................................................................................................................................................... 600,601
Minnesota...........................................................................................................................................................
617
Missouri..............................................................................................................................................................
630
Montana.......................................................................................................................................................... 659,660
Nebraska.............................................................................................................................................................
681
New Jersey.........................................................................................................................................................
720
New Mexico............................................................................ : .........................................................................
728
New York...........................................................................................................................................................
756
Oklahoma...........................................................................................................................................................
804
Pennsylvania................................................................................................................................................. 849,850
Rhode Island................................................................................................................................................. 875,876
South Dakota.....................................................................................................................................................
890
Tennessee........................................................................................................................................................ 905,906
Utah............................................................................................................................................................. 932
Vermont..............................................................................................................................................................
954
Virginia...............................................................................................................................................................
970
Wisconsin........................................................................................................................................................... 1030
Insurance, requirement as to. ( S e e a lso Security for payments.)
Insurance. State fund for, law as to:
Alberta........................................................................................................................................................ 1054-1056
British Columbia............................................................................................................................. 1069,1075-1079
California................................................................................................................................................. 307,329-333
Colorado................................................................................................................................................... 346,365-369
Idaho................................................................................................................................................................ 426-431
Kentuckv........................................................................................................................................................ 519-521
Manitoba.................................................................................................................................................... 1098-1103
Maryland........................................................................................................................................................ 553-557
Michigan.......................................................................................................................................................... 602-605
Montana.......................................................................................................................................................... 660-665
Nevada................................................................................................................ ..................... 686,691-694,701-703
New Brunswick......................................................................................................................................... 1116-1121
New York................................................................................................................................. 740,755-757,759- 764
North Dakota................................................................................................................................................. 771-774
Nova Scotia............................................................................................................................................... 1135-1140
Ohio.......................................................................................................................................................... 777,779-784
Ontario........................................................................................................................................................ 1155-1164
Oregon......................................................................... ; .................................................................................. 815-818
Pennsylvania.......................................................................................................................................... 831,844-849
Porto Rico....................................................................................................................................................... 860-864
Utah................................................................................................................................................................. 926-929
Washington............................................................................................................................................. 975-979,981
West Virginia............................................................................................................................................. 1003-1006
Wyoming........................................................................................................................................... 1032,1037,1038
Interstate commerce, decisions as to..................................................................................................... 81.82,161-169
Iowa:
Analysis of law of...........................................................................................................................
33
Constitutionality of law of......................................................... 69 ’ 73, 85 *86,9 1 , 93 ' 94 *96, 102
Text of law of..............................................................................................
468-486
Isthmian Canal, law relating to...........................................
" .......................... 1049 1050

INDEX.
Joint employers, liability of, law as to:

1195
Page.

Alabama..............................................................................................................; .......................................... 276,277
Alberta................................................................................................................................................................ 1060
Delaware.............................................................................................................................................................
399
Indiana................................................................................................................................................................
460
Louisiana............................................................................................................................................................
533
Minnesota...........................................................................................................................................................
612
Missouri...............................................................................................................................................................
624
Nebraska......................................................................................................................................................... 676,677
900
Tennessee........................ ..................................................................................................................................
Virginia...............................................................................................................................................................
966
Judicial powers, exercise of, by administrative officials, decisions as to.........................................................91-95
Jury trial, decisions as to........................................................................................................................................83-86
Kansas:
Analysis of law of.............................................................................................................................................
34
Constitutionality of law of.............................................................................................................................
73
Text of law of................................................................................................................................................ 487-499
Kentucky:
Ana lysis of law of...... ......................................................................................................................................
35
Constitionality of law of............................................................................................................................ 73,78,79
Text of law of................................................................................................................................................. 500-521
Laws, list of States, etc., enacting.......................................................................................................................
9
Laws, progress in enactment of........................................................................................................................... 9-14
Liability of third parties. ( S ee Third parties.)
Liability withoutfault, decisions as to..............................................................................................................86-90
Liability without fault, law as to. ( S ee Defenses, abrogation of.)
Louisiana:
Analysis of law of............................................................................................................................................
36
Text of law of........................... .............„ . . ............ .................................................................................. 522-534
Lump-sum payments, decisions as to ............................................................................................................. 226,231
Lump-sum payments. ( S ee Payments, mode of, law as to.)
Maimings, schedule of compensation for. ( S ee Schedule, etc.)
Maine:
Analysis of law of.............................................................. .............................................................................
37
Constitutionality of law of.............................................................................................................................73,81
Text of law of................................................................................................................................................. 535-548
Manitoba:
Analysis of law of.............................................................................................................................................
261
Text of law of................................................................................ •........................................................... 1087-1108
Maryland:
Analysis of law of.............................................................................................................................................
38
Constitutionality of law’ of.............................................................................................................................
85
Text of law of................................................................................................................................................. 549-569
Massachusetts:
39
Analysis of law of.................................................................... ........................................................................
Constitutionality of law of....................................................................................................... 73,84,90,93,95,97
Text of law of................................................................................................................................................. 570-587
Medical aid board, law as to :
Washington................................................... ...................................................................................................
Medical and surgicalservices, decisions as t o ................................................................................................232-240
Medical examinations, provisions for, law as to:
Alabama.......................................................................................................................................................... 277,278
Alaska.................................................................................................................................................................
297
Alberta................................................................................................................................................................ 1058
Arizona........................................................................................................................................................... 303,304
British Columbia.............................................................................................................................................. 1080
California............................................................................................................................................................
319
Colorado..............................................................................................................................................................
358
Connecticut......................................................................... .............................................................................
378
Delaware......................................................................................................................................................... 392,393
Hawaii............................................................................................................................................................. 407,409
Idaho............................................................................................................................................................... 42lj 424
Illinois............. ..................................................................................................................................................
442
Indiana.................................................................................................................................................... 456,463,464
Iowa.......................................................................................................................................................... 474,475,481
Kansas.................................................................................................................................................................
494
Kentucky........................................................................................................................................................ 508,513
Louisiana........................................................................................................................................................ 528,529
Maine............................................................................................................................................................... 542,543
Manitoba............................................................................................................................................................ 1091
Maryland............................................................................................................................................................
564
Massachusetts......................................................................................................................................... 573,574,576
Michigan.......................................................................................................................................................... 594,597
Minnesota.................................... ....... ............................................................................................................613,614
Missouri........................................................................................................................................................... 634,635
Montana.............................................................................................................................................................
648
Nebraska............................................................................................................................................................
677
Nevada................................................................................................................................................................
698
New Brunswick......................................................................................................................................... 1115,1116
New Hampshire................................................................................................................................................
706
New Jersey.........................................................................................................................................................
713
New Mexico.................................................................................................................................................... 738,739
New York........ .................................................................................................................................................
749
North Dakota...................................................................................................................................................
774
Nova Scotia................................................................................................................................................. 1134,1135
Ohio.....................................................................................................................................................................
793
Oklahoma...........................................................................................................................................................
500
Ontario................................................................................................................................................................ 1147
Oregon....................................................................................................................................- ...........................
825
Pennsylvania...................................................................................................................................................
836

1196

INDEX.

Medical examinations, provisions for, law as to—Concluded.
Page.
Porto Rico...........................................................................................................................................................
857
Quebec: ............................................................................................................................................................... 1170
Rhode Island.....................................................................................................................................................
870
South Dakota....................................................................................................................................................
887
Tennessee................................. .........................................................................................................................
897
Texas...................................................................................................................................................................
916
Utah.....................................................................................................................................................................
939
Vermont.......................................................................................................................................................... 950,951
Virginia.................................................................................................................................................... 961,962,968
Washington........................................................................................................................................................
985
Wisconsin........................................................................................................................................................... 1024
Wvoming............................................ .............................................................................................................. 1042
Yukon Territory........................................................................................................................................ 1176,1177
United States, civil employees................................................................................... ................................. 1046
Medical treatment, rejection of, law as to:
Alabama..............................................................................................................................................................
277
British Columbia............................................................................................................................................. 1080
California............................................................................................................................................................
316
358
Colorado..............................................................................................................................................................
Connecticut..................................................................................................................................................... 373,374
Delaware.............................................................................................................................................................
389
Hawaii.................................................................................................................................................................
405
Illinois.................................................................................................................................................................
445
Indiana................................................................................................................................................................
456
Kentucky............................................................................................................................................................
502
Missouri.................................................................................................. ...........................................................
625
Nebraska.............................................................................................................................................................
672
Nevada................................................................................................................................................................
698
New Jersey.........................................................................................................................................................
714
New Mexico.......................................................................................................................................................
738
Oregon.................................................................................................................................................................
825
Pennsylvania.....................................................................................................................................................
833
Pornto Rico........................................................................................................................................................
858
Tennessee............................................................................................................................................................
897
Texas........................................................................................................................................................ 913,914,916
Virginia........................................................................................................................................................... 958,961
985
Washingron..................................................................................................................................................... .
Wisconsin........................................................................................................................................................... 1018
Wyoming....................................................: .............................................................................................. 1040,1041
Yukon Territory............................................................................................................................................... 1176
Medical treatment to be furnished, law requiring:
Alabama..............................................................................................................................................................
277
Alberta................................................................................................................................................ 1058,1059,1061
British Columbia...................................................................................................................................... 1073,1074
California................................................................................................................................................. 312,313,315
Colorado................................................................................................................................................... 352,355,356
Connecticut........................................................................................................................................................
373
Delaware.............................................................................................................................................................
389
Hawaii................................................................................................................................................ ................
405
Idaho................................................................................................................................................................418,419
Illinois.................................................................................................................................................................
438
Indiana...............................................................................................................................................................
456
Iowa.....................................................................................................................................................................
472
Kansas.................................................................................................................................................................
490
Kentucky....................................................................................................................................................... 501,502
Louisiana...........................................................................................................................................................
528
Maine...................................................................................................................................................................
540
Manitoba..................................................................................................................................................... 1091,1093
Maryland............................................................................................................................................................
563
Massachusetts....................................................................................................................................................
571
Michigan.............................................................................................................................................................
590
Minnesota...........................................................................................................................................................
612
Missouri...............................................................................................................................................................
625
Montana.......................................................................................................................................................... 649,650
Nebraska............................................................................................................................................................
672
Nevada................................................................................................................................................................
693
New Brunswick................................................................................................................................................. 1115
New Jersey.........................................................................................................................................................
712
New Mexico.................................................................................................................................................... 737,738
New York..........................................................................................................................................................
745
North Dakota....................................................................................................................................................
767
Nova Scotia....................................................................................................................................... 1129,1130,1134
Ohio.....................................................................................................................................................................
791
Oklahoma...........................................................................................................................................................
798
Ontario............................................................................................................................................... 1147,1151,1152
Oregon............................................................................................................................................................. 822,823
Pennsylvania................................................................................................................................................. 832,833
Porto Rico..........................................................................................................................................................
856
Quebec................................................................................................................................................................. 1168
Rhode Island.....................................................................................................................................................
866
South Dakota.....................................................................................................................................................
883
Tennessee...................................................................................................................................................[ 896,897
Texas.........................................................................................................; ...................................... 908,909,913,914
Utah.....................................................................................................................................................................
938
Vermont................................................................................................................
947
Virginia ....................................................................................................................................’ .‘ i .* 961
Washington.................................................................................................................................................... 990-996
West Virginia.............................................................................................................................................. 1006,1007
Wisconsin........................................................................................................................................... 10.7,1018,1025

INDEX.
Medical treatment to be furnished, law requiring—Concluded.

1197
Psge-

W yomlng.................................................................. : ....................................................................................... 1040
Yukon Territory........................................................................................................................................ 1175,1176
United States, civil employees...................................................................................................................... 1044
Michigan:
Analysis of law of.............................................................................................................................................
40
Constitutionality of 1aw of.............................................................................................................................. 93,97
Text of law of......... ....................................................................................................... - ............................. 588-605
Minnesota:
41
Analysis of law of.............................................................................................................................................
Constitutionality of law of......................................................................................................................... 73*96,97
Text of law of.................................................................................................. ............................................ 606-621
Missouri:
Analysis of law o f.............................................................................................................................................
42
Text of law of................................................................................................................................................. 622-638
Montana:
Analysis of law of........................................................................................................................... ..................
43
Constitutionality of law of.............................................................................................. 70,74,82,84,92,100,103
Text of law of.................................................................................................................................................63$-668
Nebraska:
Analysis of law o f :...........................................................................................................................................
44
Text of law of.................................................................................................................................................66&-685
Nevada:
Analysis of law of.............................................................................................................................................
45
Text of law of................................................................................................................................................. 686-703
New Brunswick:
Analysis of Iaw o f.............................................................................................................................................
262
Text of law of............................................................................................................................................. 1109-1122
New Hampshire:
Analysis oflaw of.............................................................................................................................................
46
Constitutionality of law of............................................................................................................................ 90,105
Text oflaw of................................................................................................................................................. 704-707
New Jersey:
Analysis oflaw of................................................................................................................... ........................
47
Constitutionality of law of........................................................................................................................ 73,83,96
Text oflaw of................................................................................................................................................. 708-726
New Mexico:
Analysis oflaw of.............................................................................................................................................
48
Text oflaw of................................................................................................................................................. 727-739
New York:
Amendment of constitution of.................................................................................................. ...................
719
Analysis oflaw of.............................................................................................................................................
49
Constitutionality oflaw of........................................................................ 69,71,74-79,85-91,94,95,97,102,103
Text oflaw of................................................................................................................................................. 740-765
North Dakota:
Analysis oflaw o f.............................................................................................................................................
50
Constitutionality of law of..............................................................................................................................
71
Text of law of............................................................................. 1................................................................. 766-776
Notice and claim, decisions as to.................................................................................................................. .. 244-248
Notice of accident. ( S ee Accidents.)
Nova Scotia:
Analysis of law o f.............................................................................................................................................
263
Text oflaw of........................................................................................................................................... 1123-1141
Occupational diseases, decisions as to............................................................................................................. 118-125
Occupation diseases, law as to:
Alabama.............................................................................................................................................................
287
Alberta............................................................................................................................................... 1051,1061,1066
British Columbia............................................................................................................................. 1067,1069,1086
California............................................................................................................................................................
308
Connecticut.......................................................................................................................................................
384
Delaware............................................................................................................................................................
400
Hawaii.................................................................................................................................................................
403
Idaho........................................................................................................................................................... .
432
Ind iana.............................................................................................................................................................
467
Iowa....................................................................................................................................................................
478
Kentucky...........................................................................................................................................................
500
Louisiana...........................................................................................................................................................
533
Manitoba............................................................................................................................................ 1104,1105,1108
Maryland............................................................................................................................................................
568
Missouri...............................................................................................................................................................
623
Montana.............................................................................................................................................................
645
Nebraska............................................................................................................................................................
682
New Brunswick......................................................................................................................................... 1109,1121
New York..........................................................................................................................................................
744
Nova Scotia....................................................................................................................................... 1123,1140,1141
Ohio.....................................................................................................................................................................
777
Oklahoma..........................................................................................................................................................
793
Ontario...................................................................................................................................... 1142,1162,1163,1167
Pennsylvania................................................................................................................................................. 828,829
South Dakota....................................................................................................................................................
891
Tennessee............................................................................................................................................................
893
Texas............................................................................................................................................................... .
923
Utah....................................................................................................................................................................
931
Vermont..........................................................................................................................................................943
Virginia...............................................................................................................................................................
957
Washington......................................................................................................................................................
975
, Wyoming............................................................................................................................................................ 1031
United States, civil employees..................................................................................................................... 1034

1198

INDEX.

Ohio:
Page.
Amendment of constitution of..................................................................................................... ...............
777
Analysis of law of..............................................................................................................................................
51
Constitutionality of law of............................................................................................... 72,73,86,92,96,101,103
Text of law of........................................ ...................................................................................................
777-795
Oklahoma:
Analysis of law of..............................................................................................................................................
52
Text of law of.......................................................................................... ; ..................................................... 796-809
Ontario:
Analysis of law of............................................................................................................................................
264
Text of law of.............................................................................................................................................1142-1167
Oregon:
Analysis of law of.............................................................................................................................................
53
Constitutionality of law of............................................................................ * ...............................................73,94
Text of law of.................................................................................................................................................810-827
Panama Canal, law relating to. ( S e e Isthmian Canal.)
Partial disabilities. ( S e e Schedule rates.)
Partial disability, decisions as to..................................................................................................................... 201-210
Payments, enforcement of delinquent, law as to:
Alabama.............................................................................................................................................................
280
Arizona...............................................................................................................................................................
305
British Columbia.............................................................................................................................................. 1078
Colorado..............................................................................................................................................................
367
410
Hawaii.............. '.................................................................................................................................................
Idaho...................................................................................................................................................................
425
Indiana...............................................................................................................................................................
463
Iowa.....................................................................................................................................................................
481
Kansas............................................................................................................................................................. 497,498
Kentucky................................................................................................................................................ 512,518,519
Louisiana....................................................................................................................................................... 531-533
Maine...................................................................................................................................................................
546
Manitoba..................................................................................................................................................... 1099,1100
Maryland........................................................................................................................................................ 554,555
Michigan.............................................................................................................................................................
603
614
Minnesota................................................................................................................................................ ..........
Missouri..............................................................................................................................................................
633
Montana......................................................................................................................................................... 658,664
New Brunswick................................. *.............................................................................................................. 1119
New Jersey.........................................................................................................................................................
718
New Mexico.......................................................................................................................................................
734
New York....................................................................................................................................................... 752,753
North Dakota................................................................................................................................................ 772,773
Nova Scotia......................................................................................................................................................
1136
Ohio.....................................................................................................................................................................
788
Oklahoma...........................................................................................................................................................
802
Ontario........................................................................................................................................................ 1160,1161
Oregon.................................................................................................................................................................
824
Pennsylvania.....................................................................................................................................................
842
Porto Rico...................................................................................................................................................... 860,861
Rhode Island................................................................................................................................................. 871,875
South Dakota.....................................................................................................................................................
889
Tennessee........................................................................................................................................................ 901,902
Texas............................................................................................................................................................... 917,922
Utah......, ............................................................................................................................................................
935
Vermont.............................................................................................................................................................
952
Virginia...............................................................................................................................................................
968
Washington........................................................................................................................................................
984
West Virginia.................................................................................................................................... 1006,1013,1014
Wisconsin...................................... ............................................................................................................. 1026,1027
Yukon Territory............................................................................................................................................... 1177
Payments, mode of, law as to:
Alabama........................................................................................................................................................ 279-281
A I q gV q

OQft

Alberta * ’ ! ! ! . * . * ! . ’ !.*! . * ! ! ! .*!.’ ! .*.’ ! . * . * . ’
! ’ io57,’ io58,’ iwk) , 1061
Arizona...............................................................................................................................................................
305
British Columbia............................................................................................................................. 1072,1074,1075
California............................................................................... ......................................................... 316,318,325-327
Colorado.......................................................................................................................................... 354,355,358,359
Connecticut......................................................... ................................... .........................................................
381
Delaware......................................................................................................................................................... 398,399
Hawaii............................................................................................................................................................. 405,407
421
Idaho..................................................................................................................................................................
Illinois..................................................................................................................................................... 437,440,441
Indiana........................................................................... ............................................................................... 459,460
Iowa.......................................................................................................................................................... 475,476,486
Kansas.................................... ...........................................................................................................................
493
Kentucky................................................................ ..................................................................................... 506,507
Louisiana............................................................................................................................................................
528
Maine...................................................................................... ........................................................................ 544,548
Manitoba................................................................................................................................. 1090,1092,1095,1103
Maryland........................................................................................................................................................ 564,565
Massachusetts................................................................................................................................................ 573,574
Michigan............................................................................................................. ............................ 595,598-600,604
Minnesota................................................................................. .....................................................................615,616
Missouri................................................................................................................................ ......................... 625,634
Montana......................................................................................................................................... 646,647,650,651
Nebraska............................................................................- ................................................................... 676,6 9,680
Nevada........................................................................................................................................... ............. 695,698
New Brunswick...........................................................................................................................
1111,1115,1116
New Hampshire...............................................................................................................................................
707

mDEX.

1199

Payments, mode of, law as to—Concluded.
Page.
New Jersey................................................................................ ................. .
711-715,718
New Mexico............................................................................................................................................ 732,733,738
New York..................................................................................................................................................... 750-753
North Dakota.................. ............................................................................................................................. 769,773
Nova Scotia........... ....................................................................................................................... ............1132-1134
Ohio.......................................................................................................................................................... 786,787,791
Oklahoma...........................................................................................................................................................
802
Ontario............................................................................................................................. 1143,1145,1147,1148,1151
Oregon................................................................................................................. ................................... 812,822,823
Pennsylvania......................................... ................................................................................. 833,834,836,837,849
Porto Rico...................................................................................................................................................... 856,857
Quebec........................................................................................................................................................ 1169,1170
Rhode Island.................................................................................................................................. 866,869-871.873
South Dakota......................................................................................................................................... 883,885,886
Tennessee................................................................................................................................................. 894,903,904
Texas.................................................... .......................................................................................................... 915,922
Utah................................................................................................................................................................. 932,938
Vermont.......................................................................................................................................................... 949,950
Virginia..................................................................................................................................... ..................... 864,965
Washington........................................................................................................................................................
983
West Virginia.................................................................................................................................................... 1011
Wisconsin........................................................ ....................................................................... 1021,1028,1030,1031
Wyoming........................................................................................................................................................... 1040
Yukon Territory.............................................................................................................................................. 1176
Doriiinicn of Canada......................................................... ....................................................................... „ .. 1178
United States, civil employees..................................................................................................... 1043,1045,1046
Pennsylvania:
Amendment to constitution of.....................................................................................................................
828
54
Analysis of law of........ ....................................................................................................................................
Constitutionality of law of............................................................................................................................. 85,98
Text of law of................................................................................................................................................ 828-854
Period disability must continue to secure compensation. { S e e Waiting time.)
Philippine Islands, text of law of.........................................................................................................................
855
Police power, decisions as to.......... ................................................................................................................. 102-106
Porto Rico:
Analysis of law of.............................................................................................................................................
55
Text of law of............................................................................................................................................... 856-864
Premium rates, law as to :
Alabama.........................................................................................................................................................
282
Alberta........................................................................................................................................................ 1053,1054
British Columbia...................................................................................................................................... 1076,1077
California........................................................................................................................................................ 331-333
Colorado.......................................................................................................................................................... 366-368
Connecticut...................................................................................................................................................... .
385
Idaho............................................................................................................................................................... 428-430
Kentucky........................................................................................................................................................515-521
538
Maine......................................................... .........................................................................................................
Manitoba..................................................................................................................................................... 1099-1102
553
Maryland........................................................................................ ..................................................................
Massachusetts......................................................................................................................................... 579,581,583
Michigan.............................................. ......................................................................................................... 602,603
Missouri........................................................................................................................................................... 630,631
Montana ................................................................................................................................................ 660-663,668
Nevada............................................................................................................................................................ 692,693
New Brunswick.........................................................................................................................................1116-1118
New Jersey...................................................................... ............................................................................. 721,722
New Y o rk ............................................................................................................................................... 760-762,764
772
North Dakota...................................................................................................................................................
Nova Scotia.................................................................................................................................................1135-1138
Ohio.......................................................................................................................................................... 777,780,781
Ontario........................................................................................................................................................ 1158-1164
Oregon............................................................................................................................................................ 816-818
Pennsylvania......................................................................................................................................... 845,846,850
Porto Rico............................................................................................................................................... 860,861,864
Texas................................................................................................................................................................ 920,921
Utah.....................................................................................................................................................................
928
Vermont.............................................................................................................................................................
956
Virginia...............................................................................................................................................................
970
Washington.................................................................................................................................................... 975-977
West Virginia............................................................................................................................................. 1002-1005
Wyoming..................................................................................................................................................... 1037,1038
Premiums, collection of,law as to:
Alberta......................................................................................................................................................... 1054,1056
British Columbia....................................................................................................................................... 1077,1078
Colorado..............................................................................................................................................................
367
Idaho...................................................................................................................................................................
430
Manitoba..................................................................................................................................................... 1099,1100
Maryland............................................................................................................................................................
554
Massachusetts....................................................................................................................................................
579
Michigan.............................................................................................................................................................
602
Montana.......................................................................................................................................................... 663,664
Nevada.............................................................................................................................................. 687,688,691,692
New Brunswick......................................................................................................................................... 1118-1120
New York...........................................................................................................................................................
762
North Dakota................................................................................................................................................. 771-773
Nova Scotia................................................................................................................................................1135-1138
Ohio.................................................................................................................................................................. 781,783
Ontario..................................................................................................... *................................................. 1158,1161
Oregon.............................................................................................................................................................818,823

1200

INDKX.

Premiums, collection of, law as to—Concluded.
Page.
Pennsylvania.................................................................................................................................................. 847,849
Porto Rico............................................................................................................................................... 860,861,863
Texas................................................................................................................................................................ 921,922
Utah.......................................................................................................................................................... 927,933,940
Vermont..............................................................................................................................................................
956
Washington.................................................................................................................................................... 976,977
W est Virginia............................................................................................................................................... 999,1005
Wyoming............................................................................................................................................ 1037,1038,1042
Principalfeatures of American laws, analysis of.............................................................................................. 21-68
Principalf eatures of the laws of Canada......................................................................................................... 259-266
Progressin enactment of laws of Canada.................................................................................................. ~... 257,258
Progressin enactment of laws of United States................................................................................................10-14
Proximate cause. ( S e e Accidental injury.)
Public employees, decisions as to. ( S e e a lso Employment, public.)....................................................149-153
Quebec:
Analysis of law of..................................................................................................... '.......................................
265
Text of law of..............................................................................................................................................1168-1171
Railroad emuloyees ( S e e Interstate commerce.)
Rates, super vision over. ( S e e State supervision.)
Rehabilitation of injured men, law as to:
California......................................................................................................................................................... 341,342
Massachusetts................................................................................................................................................ 585,587
North Dakota....................................................................................................................................................
770
Oregon.................................................................................................................................................................
823
Reports of accidents, law as to. ( S e e Accidents, reports of.)
Representation of aliens by consuls:
Delaware.............................................................................................................................................................
394
Iowa.....................................................................................................................................................................
475
Maryland......................................................................................................................................................... 562,563
Minnesota........................................................................................................................................................614,615
Montana.............................................................................................................. ........................................... 646,647
Nebraska.............................................................................................................................................................
674
Ohio.....................................................................................................................................................................
795
Oregon.................................................................................................................................................................
824
835
Pennsylvania................. : .................................................................................................................................
Tennessee............................................................................................................................................................
903
Texas...................................................................................................................................................................
915
W est Virginia................................................................................................................................ : .................. 1011
Wisconsin........................................................................................................................................................... 1026
Revision of payments. ( S e e Awards, law as to review of.)
Rhode Island:
Analysis of law of..............................................................................................................................................
56
Constitutionality of law of.............................................................................................................................. 85,94
....................................................................................................................... 865-879
Text of law of........... .
Safety devices, duty of employers to provide, law as to :
California............................................................................................................................................................
333
Maryland........................ ...................................................................................................................................
565
Montana.......................................................................................................................................................... 665-668
Nevada................................................................................................................................................................
701
Ohio.....................................................................................................................................................................
777
Oregon.................................................................................................................................................................
824
Pennsylvania.....................................................................................................................................................
847
Washington.................................................................................................................................................... 984,990
Wisconsin........................................................................................................................................................... 1021
Wyoming............................................................................................................................................................ 1041
Safety devices, power of administrative commissions, etc., over, law as to:
A lb e r ta ............................................................................................................................................................. 1055
British Columbia....................................................................................................................................... 1081,1082
California................. ........................ ..................................................................
307,333
Colorado................................................................................................................................................ .
348,349
Connecticut........................................................................................................................................................
385
Hawaii...............................................................................................................................................................
412
Idaho...................................................................................................................................................................
431
Kentucky...........................................................................................................................................................
521
Montana.......................................................................................................................................................... 665-668
New Brunswick................................................................................................................................................ 1120
New York.............................................................................................................................................. : .........
762
North Dakota....................................................................................................................................................
770
Nova Scotia........................................................................................................................................................ 1139
Oregon.................................................................................................................................................................
824
Pennsylvania.....................................................................................................................................................
847
Texas...................................................................................................................................................................
921
Vermont.......................................................................................................................................................... 942,956
W est Virginia..................................................................................................................................................... 1007
Schedule rates for specific injuries, law as to :
Alabama.......................................................................................................................................................... 270-272
Alaska.............................................................................................................................................................. 290,291
Alberta......................................................................................................................................................... 1059,1060
California.............................................................................................................................................................
314
Colorado........................................................................................................................................................... 355,356
Connecticut..................................................................................................................................................... 375,376
Delaware.......................................................................................................................................................... 390,391
Hawaii............................................................................................................................................................. 406,407
Idaho................................................................................................................................................................ 419,420
Illinois............................................................................................................................................................ .* 438,439
Indiana.......................... .................................................................................................................................. 457,458
Iowa.................................................................................................................................................................. 473,474
Kansas............................................................................................................................................................. 491,492
Kentucky........................................................................................................................................................ 505,506

INDEX.

1201

Schedule rates for specific injuries, law as to—Concluded.
Page.
Louisiana......................................................................................................................................................... 525,526
Maine................................................................................................................................................................ 541,542
Maryland............................................................................................................................................... ; ____ 561,562
Massachusetts................................................................................................................................................. 572,573
Michigan.............................................................................................................................................................
592
Minnesota........................................................................................................................................................ 608,609
Missouri........................................................................................................................................................... 626,627
Montana.......................................................................................................................................................... 650,651
Nebraska......................................................................................................................................................... 673,674
Nevada............................................................................................................................................................ 696,697
New Jersey..................................................................................................................................................... 709-711
New Mexico................................................................................................................................................... 736,737
New York....................................................................................................................................................... 746,747
North Dakota....................................................................................................................................................
767
Ohio................................................................................................................................................................. 789,790
Oklahoma....................................................................................................................................................... 799,800
Oregon............................................................................................................................................................. 820,821
Pennsylvania....................................................................................................................................................
832
Rhode Island.....................................................................................................................................................
868
South Dakota................................................................................................................................................. 884,885
Tennessee........................................................................................................................................................ 898,899
Texas............................................................................................................................................................... 911,912
Utah................................................................................................................................................................. 936,937
Vermont.......................................................................................................................................................... 948,949
Virginia............................................................................................................................................................ 962,963
Washington........................................................................................................................................................
982
West Virginia............................................................................................................................................. 1008,1009
Wisconsin.................................................................................................................................................... 1019,1020
Wyoming....................................... .................................................................................................................... 1039
Yukon Territory............................................................................................................................................... 1175
Second injuries. ( S e e Injuries, second.)
Security of payments, law as to:
Alabama.......................................................................................................................................................... 279,280
Alaska..................................................................................................................................................................
294
Alberta................................................................................................................................................................ 1054
Arizona............................................................................................................................................................ 305,306
British Columbia....................................................................................................................................... 1070,1080
California................................................................................................................................................. 323,326,327
Colorado................................................................................................................................................... 346-348,360
Connecticut..................................................................................................................................................... 380-387
Delaware......................................................................................................................................................... 394,399
Hawaii.................................................................................................................................................................
411
Idaho............................................................................................................................................................... 425,426
Illinois........................................................................... ................................................................................. 447-449
Indiana................................................................................................................................................................
455
Iowa.................................................................................................................................................................. 484-486
Kansas............................................................................................................................................................. 493,494
Kentucky................................................................................................................................................. 507,512-521
Louisiana........................................................................................................................................................ 531,532
Maine................................................................................................................................................................ 543,544
Manitoba............................................................................................................................................ 1090,1093,1103
Maryland......................................................................................................................................................... 552,553
Massachusetts.................................................................................................................................. 578-580,585,586
Michigan................................................................................................................................................... 595,600-602
Minnesota........................................................................................................................................................ 616,617
Missouri........................................................................................................................................................... 629-632
Montana................................................................................................................................................... 651,657-665
Nebraska.............................................................................................................................................................
682
Nevada........................................................................ ............................................................................ 691-694,698
New Brunswick................................................................................................................................................ 1112
New Hampshire................................................................... ................................................................. 704,705,707
New Jersey...................................................................................................................................... 714-716,719-722
New Mexico..................................................................................................................................... 727,728,738,739
New York................................................................................................................................................ 753,755-757
North Dakota................................................................................................................................................. 772,774
Nova Scotia.................................................................................................................................................1128,1139
Ohio................................................................................................................................................... 785,786,789,791
Oklahoma........................................................ •.................................................................................................
803
Ontario................................................................................................................................................ 1146,1148,1149
Oregon............................................................................................; ................................................................ 821-824
Pennsylvania................................................................................................................................................. 836,837
Porto Rico..........................................................................................................................................................
863
Quebec....................................................................................................................................... 1161,1162,1169,1170
Rhode Island.......................................................................................................................................... 870,874-876
South Dakota.......................................................................................................................................... 881,890,891
Tennessee........................................................................................................................................................ 896,904
Texas....................................................................................................................................................................
907
Utah.......................................................................................................................................................... 931,936,938
Vermont.......................................................................................................................................................... 952,953
Virginia..............................................................................................................................................................
960
W ashington...................................................................................................................................... 981,982,984,985
West Virginia............................................................................................................................................. 1011,1014
Wisconsin.................................................................................................................................................... 1028-1031
Wyoming............................................................................................................................................................ 1041
Yukon Territory...........................................................................................................................: . 1174,1176,1177
United States, civil employees..................................................................................................................... 1047
( S e e a ls o Insurance.)
Settlement of cases. (S e e Awards.)

177982°—20—Bull. 272------76

1202

INDEX.

South Dakota:
Pa« eAnalysis of law ol..............................................................................................................................................
57
Text of law of.................................................................................................................................................. 880-892
Special contfacts. (See Substitute schemes; Waivers.)
Status of benefit funds, decisions as to.............................................................................................................. 99-102
State Boards. ( S e e Commissions, administrative.)
Substitute schemes, law as to:
Arizona................................................................................................................................................................
306
California.............................................................................................................................................................
327
Colorado..............................................................................................................................................................
352
Connecticut.....................................................................................................................................................380-382
Delaware.............................................................................................................................................................
398
Idaho....................................................................................................................................................................
416
Illinois..................................................................................................................................................................
450
Indiana...............................................................................................................................................................
465
Iowa.................................................................................................................................................................. 484,485
Kansas.................................................................................................................................................................
498
Kentucky........................................................................................................................................................ 514,515
Maine................................................................................................................................................................ 538,539
Minnesota............................................................................................................................................................
617
Missouri.................................................................................................................................................... 623,624,631
Nebraska..................................................................................•..........................................................................
681
Ohio.....................................................................................................................................................................
785
Oklahoma........................................................................................................................................................ 803,804
Rhode Island.....................................................................................................................................................
874
S outh D akota.....................................................................................................................................................
890
Utah.................................................................................................................................................................. 931,933
Virginia............................................................................................................................................................ 969,970
West Virginia............................................................................................................................................. 1013,1014
Wisconsin..................................................................................................................................................... 1029,1030
Suits, law as to:
Alabama..............................................................................................................................................................
267
Alaska.............................................................................................................................................................. 294-297
Alberta................................................................................................................................................................ 1057
Arizona..................................................................................................................................................... 301,304-306
British Columbia.............................................................................................................................................. 1071
California......................................................................................................................................................... 338,339
Colorado.................................................................................................................................... ............. 346,362-365
Connecticut............................................................................................................................................. 379,381-383
Delaware..............................................................................................................................................................
397
Hawaii.................................................................................................................................. - ......................... 403,410
Idaho...................................................................................................................................................................
425
Illinois...................................................................................................................................................... 436,445-447
Indiana................................................................................................................................................................
454
Iowa.......................................................................................................................................................... 468,481,482
Kansas......................................................................... ................................................................................... 497-499
Kentucky................................................................................................................................................. 501,512,517
Louisiana................................................................................................................................................. 524,529-531
Maine................................................................................................................................................. •.............. 539,540
Manitoba................................................................................................................................................. .............±097
Maryland................................................................................................................................................. 552,565,566
Massachusetts................................................................................................................................................. 580,583
Michigan..............................................................................................................................................................
588
Minnesota............................................................................................................................................................
606
Montana................................................................................................................................................... 641,655,656
Nebraska..................................................................................................................................... •................... 669,681
' Nevada............................................................................................................................................................. 687,688
N ew Brunswick.............................................................................................................................................
1114
New Hampshire............................................................................................................................................. 704-707
New Jersey...................................................................................................................................................... 708,725
New Mexico.................................................................................................................................................... 732-735
New York........................................................... .•..........................................................................................745,751
North Dakota................................................................................................................................................. 773-775
Nova Scotia................................................................................................................................................. 1126,1131
Ohio................................................................................................................................................... 777,786-788,792
Oklahoma................................................................................................................................................ 801,808,809
Ontario........................................................................................................................................................ 1145,1154
Oregon...................................................................................................................................................... 815,824,827
Pennsylvania.............................................. ..............................*............................................ 828,829,841-843,851
Porto Rico....................................................................................................................................................... 859,863
Quebec............................................................................................................................................................... 1171
Rhode Island..................................................................................................................................................875,876
South Dakota................................................................................................................................................. 881,891
Tennessee............................................................................................................................................................
895
Texas................................................................................................................................................................ 907,908
Utah..........................................................................................................................................................934.938,939
Vermont.................................................................... ..................................................................................... 945,952
Virginia........................................................................................................................................................... 960,968
Washington.................................................................................................................................................... 987,988
West Virginia. 4.......................................................................................................... . .................................... 1012
Wisconsin....................................................................................................................1.............................1027,1028
Wyoming............................................................................................................................................................ 1036
Yukon Territory........................................................................................................................................ 1173,1177
United States, civil employees....................................................................................................................... 1047
Systems provided lor, summary of.......................................................................................................................14-20
Temporary disability, decisions as to...............................................................................................................199-201
Tennessee:
Analysis of law of................................................................................................................................................
58
Constitutionality of law of.............................................................................................................................. 71,72
Text of law of................................................................................................................................... .............. 893-906

INDEX.
Texas*

1203

Analysis of law of.............................................................................................................................................
59
Constitutionality of law of............................................. ....................................................... 69,79,81,85,98,102
Text of law of................................................................................................................................................ 907-924
Third parties, liability of, decisions as td....................................................................................................... 193-199
Third parties,liability of,law as to:
Alabama.......................................................................................................................................................... 283,284
Alaska............................................................................................................................................................. 297,298
British Columbia............................................. ; .............................................................................................. 1070
California........................................................................................................................................................ 324,325
Colorado.......................................................................................................................................................... 359,360
Connecticut.................................................................................................................................................... 372,373
Delaware............................................................................................................................................................
399
Hawaii................................................................................................................................................................
403
Idaho...................................................................................................................................................................
416
Illinois............................................................................................................................................................. 450,451
Indiana...............................................................................................................................................................
454
Iowa.....................................................................................................................................................................
471
Kansas............................................................................................................................................................ 487,488
Kentucky............................................................................................................................1.............................
502
Louisiana......................................................................................................................................................... 525
Maine...................................................................................................................................................................
543
Manitoba............................................................................................................................................................ 1089
Maryland............................................................................................................................................................
566
Massachusetts...................................................................................................................................................
577
Michigan.............................................................................................................................................................
597
Minnesota....................................................................................................................................................... 618,619
Missouri..............................................................................................................................................................
624
Montana.......................................................................................................................................................... 644,645
Nebraska...........................................................................................................................................................
672
Nevada...............................................................................................................................................................
688
New Brunswick................................................................................................................................................ 1111
New Jersey........................................................................................................................................................
716
New Mexico.................................................................................................................................... .................
739
New York..................................................................................................................................................... 754
North Dakota...................................................................................................................................................
775
Nova Scotia....................................................................................................................................................... 1128
Oklahoma....................................................................................................................................................... 802,803
Ontario............................................................................................................................................................... 1144
Oregon.................................................................................................................................................................
812
Pennsylvania....................................................................................................................................................
837
Porto Rico..........................................................................................................................................................
863
Quebec................................................................................................................................................................ 1170
Rhode Island..................................... : .............................................................................................................
874
South Dakota....................................................................................................................................................
881
Tennessee...........................................................................................................................................................
895
Texas...................................................................................................................................................................
918
Utah................................................................................................................................................................ 935,936
Vermont.............................................................................................................................................................
946
Washington.......................................................................................................................................................
974
Wisconsin........................................................................................................................................................... 1029
Wyoming........................................................................................................................................................... 1035
Yukon Territory............................................................................................................................................... 1174
United States, civil employees...................................................................................................................... 1047
Total disability. ( S e e Disability, total.)
Types of laws............................................................................................................................................................ 14-19
United States:
Analysis of law relating to civil employees................................................................................................
67
Analysis of law relating to war risk.............................................................................................................
68
District of Columbia........................................................................................................................................
402
Executive orders relating to administration of laws of........................................................................... 1050
Text of law relating to civil emplovees................................................................................................ 1043-1050
Utah:
Analysis of law of.............................................................................................................................................
60
Text of law of................................................................................................................................................ 925-941
Vermont:
Amendment of constitution of......................................................................................................................
942
Analysis of law of.......................................................................................................... ..................................
61
Text of law of............................................................................................... ................................................. 942-956
Virginia:
Analysis of law of.............................................................................................................................................
62
Text of law of................................................................................................................................................ 957-972
Vocational rehabilitation. ( S ee Rehabilitation of injured men.)
Wages,average. ( S ee Earnings, determination of, as basis of awards.)
Wages, deductions from. ( S ee Contributions by employees.)
Waiting time, law as to:
Alabama.............................................................................................................................................................
277
Alaska.................................................................................................................................................................
292
Alberta................................................................................................................................................................ 1056
Arizona...............................................................................................................................................................
302
British Columbia___ : ..................................................................................................................................... 1069
California............................................................................................................................................................
313
Colorado.............................................................................................................................................................
355
Connecticut.......................................................................................................................................................
374
Delaware............................................................................................................................................................
389
Hawaii............................................................................................................................................................ 405,406
Idaho..................................................................................................................................................................
419
Illinois................................................................................................................................................................
438
Indiana........................................................................................................................................................... 456-458
Iowa....................................................................................................................................................................
473

1204

INDEX.

Waiting time, law as to—Concluded.
Page.
Kansas................................................................................................................................................
487
Kentueky.........................................................................................................................................................
502
528
Louisiana.................................................................................................................................................... .......
Maine................................................................................................... J.........................................
5^)
Manitoba............................................................................................................................. ! ! . ! ” ! “ ! ! ! ' . ! ! ! !
1088
Maryland. . . . ....................................................................................................................................................
565
Massachusetts..........................................................................................................................................
570 571
'599
Michigan.................................................................................. ..........................................................................
Minnesota...........................................................................................................................................................
612
Missouri................................................................................................................ .......................................
625
Montana.............................................................................................................................................................
650
Nebraska............................................................................................................................................................
672
Nevada...............................................................................................................................................................
698
New Brunswick................................................................................................................................................
1114
New Hampshire...............................................................................................................................................
705
New Jersey........................................................................................................................................................
712
New Mexico................................................................................................................................................... 735,737
New York..........................................................................................................................................................
’ 745
North Dakota....................................................................................................................................................
767
NovaSeotia.......................................................................................................................................................
1125
Ohio....................................................................................................................................................................
789
Oklahoma..........................................................................................................................................................
798
Ontario...............................................................................................................................................................
1143
Pennsylvania......................................................................•.............................................................................
832
Quebec................................................................................................................................................................
1168
Rhode Island.....................................................................................................................................................
866
South Dakota.....................................................................................................................................................
883
Tennessee...........................................................................................................................................................
897
Texas...................................................................................................................................................................
908
Utah....................................................................................................................................................................
936
Vermont.............................................................................................................................................................
947
Virginia..............................................................................................................................................................
962
983
Washington.............. .........................................................................................................................................
West Virginia....................................................................................................................................................
1007
Wisconsin...........................................................................................................................................................
1018
Wyoming............................................................................................................................................................
1040
Yukon Territory...............................................................................................................................................
1173
United States, civil employees......................................................................................................................
1043
Waivers, law as to:
Alabama......................................................................................................................................................... 280,283
Alaska............................................................................................................................................................. 297,300
Alberta................................................................................................................................................................
1057
B ritish Columbia..............................................................................................................................................
1071
California........................................................................................................................................... ...............
325
Connecticut.................................................................................................................................................... 380,383
Delaware............................................................................................................................................................
389
Hawaii................................................................................................................................................................
403
Idaho...................................................................................................................................................................
416
Illinois.................................................................................................................................................................
448
Indiana...............................................................................................................................................................
455
Iowa................................................................................................................................................................. 471,478
Kansas................................................................................................................................................................
499
Kentucky...........................................................................................................................................................
502
Louisiana...........................................................................................................................................................
533
Maine...................................................................................................................................................................
543
Manitoba............................................................................................................................................................
1090
Maryland............................................................................................................................................................
565
Massachusetts....................................................................................................................................................
574
Michigan.............................................................................................................................................................
595
Montana.............................................................................................................................................................
652
Nebraska............................................................................................................................................................
677
Nevada................................................................................................................................................................
698
New Brunswick................................................................................................................................................
1112
New Jersey.........................................................................................................................................................
716
New York...........................................................................................................................................................
754
North Dakota....................................................................................................................................................
775
Nova Scotia........................................................................................................................................................
1128
Ohio.....................................................................................................................................................................
793
Oklahoma...........................................................................................................................................................
803
Ontario................................................................................................................................................................
1146
816
Oregon........................ : .......................................................................................................................................
Pennsylvania.....................................................................................................................................................
829
Quebec................................................................................................................................................................
1170
Rhode Island.....................................................................................................................................................
870
South Dakota...............................................................................................................................- ....................
881
Tennessee...........................................................................................................................................................
895
Texas...................................................................................................................................................................
915
Utah.....................................................................................................................................................................
939
Vermont............................................................................. ...............................................................................
946
Virginia...............................................................................................................................................................
958
Washington........................................................................................................................................................
985
West Virginia....................................................................................................................................................
1004
Wisconsin...........................................................................................................................................................
1015
Wyoming.................................................................................................................................................... 1032,1035
Yukon Territory...............................................................................................................................................
1174
Washington:
Analysis of law of..............................................................................................................................................
63
Constitutionality of law of................................................................. 69,74-78,80,83-87,91,95,97-100,103-105
Text oflaw of.............................................................................................................................................. 973-996

IN D E X .

1205

West Virginia:
Page‘
Analysis of law of.............................................................................................................................................
64
Constitutionality of law of.............................................................................................................................
90
Text of law of............................................................................................................................................... 997-1014
Willful misconduct, decisions as to................................................................................................................. 188-193
Willful misconduct, law as to:
Alabama.............................................................................................................................................................
Alaska...................................................................................................................................................... 292,298,299
Alberta............................................................................................................................................................. - 1051
Arizona...........................................................................................................................................................
British Columbia................................................................................................ - : ....................................- 1069
California............................ - .............................................................................................................................
311
Colorado.............................................................................................................................................................
359
Connecticut........................................................................................................................................................
371
Delaware............................................................................................................................................................
399
Hawaii................................................................................................................................................................
^06
Idaho.................................................................................................................................................................
413
Indiana...............................................................................................................................................................
454
Iowa................................................................................................................................................................. 469,470
Kansas............................................................................................................................................................ 487,499
Kentucky............................................................................................. ..................... ............................. 500,501,507
Louisiana............................................................................................. .............. ..............................................
532
Maine..................................................................................................................................................................
539
Manitoba.................................................. ................................................................. ....................................... 1083
Maryland................................................................ ................................................................................ 552,564,565
Massachusetts.......................................... .............. .......................................................................................
570
Michigan............................................................................................................................................................
590
Minnesota................................................. .............. .................................................. .......................................
606
Missouri................................................................... .................................................. ........................................
622
Montana.................................................................. .................................................. .......................................
641
Nebraska................................................................................................................... ............................. 670,676,682
Nevada.................................................................... ....................................................................................... 687,688
New Hampshire........................................................................................................................................... 704,705
New Jersey..................................................................................................................................................... 708,716
New Mexico.......................................................................................................................................................
729
New York....................................................................................................................................................... 744,751
North Dakota....................................................................................................................................................
769
Nova Scotia................................................................................................................................................ 1125,1126
Ohio................................................................................................................................................................. 785,788
Oklahoma...................................................................................................................................................... 797,801
Ontario...................... \ ..................................................................................................................................... 1143
Oregon................................................................................................................................................................
822
Pennsylvania................................................................................................................................................ 829,847
Porto Rico..................................................................................................................................................... 857,863
Quebec................................................................................................................................................................ 1169
Rhode Island...................................................................................................................................................
866
South Dakota....................................................................................................................................................
880
Tennessee...........................................................................................................................................................
895
Texas............................................................................................................................................................... 907,908
Utah................................................................................................................................................................ 931,934
Vermont.............................................................................................................................................................
949
Virginia...............................................................................................................................................................
959
Washington.................................................................................................................................................... 983,984
West Virginia.................................................................................................................................................... 1007
Wisconsin.................................................................................................. ........................................ 1015,1021,1022
Wyoming........................................................................................................................................................... 1032
Yukon Territory............................................................................................................................................... 1173
United States.................................................................................................................................................... 1043
Wisconsin:
Analysis of law of.............................................................................................................................................
65
Constitutionality of law of........................................................................................................... 73,87,92^95,101
Text of law of..................................................................................................................................______1015-1031
Wyoming:
Amendment of constitution of...................................................................................................................... 1032
66
Analysis of law of.............................................................................................................................................
Text of law of............................................................................................................................................. 1032-1042
Young persons, computing payments to. (S e e Age to be considered.)
Yukon Territory :
Analysis of law of............................ .................................................................................................................
266
Text of law of...................... .................................................................................................................... 1172-1177

CASES CITED.
Acklin Stamping Co. v . K u tz ..............................................................................................................................
155
Adams v. Acme White Lead & Color Works................... ...............................................................................
122
Adams v. Iten Biscuit Co................................................................................................................................... 126,243
Adams & Westlake Co. v. Industrial Commission...........................................................................................
182
Adleman v. Ocean Ac. & G. Corp........................................................................................................................
229
Albert A. Albrecht Co. v. Whitehead & Kales Iron Works..........................................................................
195
Allen v. Millville......................................................................................................................................................
247
Allen v. State........................................................................................................................................................ ..
149
American Radiator Co. v. Rogge.............................. ..........................................................................................
157
Am. Smelting & Refining Co. v. Cassil (N ebr.)............................................................................ .............. i77,231
American Woodenware Mfg. Co. v. Schorling.................. ...............................................................................
193
Anderson v. Carnegie Steel Co.............................................................................................................................. 85,98
Anderson v. Hawaii Dredging Co.......................................................................................................................
80
Anderson v. Miller Scrap Co.................................................................................................................................
160
Anderson v. North Alaska Salmon Co............................................................................................................
155
Archibald v. Ott.............................................................................................................................
184

1206

INDEX.

Page.
Arizona Copper Co. v. Hammer............................................................................................................................ 69,82
Arizona S. Co. v. Ujack...........................................................................................................................................
82
Assaria State Bank v. Dolley............................................................................................................................. 103,243
Aurora Brewing Co. v. Industrial Board............................................................................................................
144
Aylesworth v. Phoenix Cheese Co........................................................................................................................
137
Baltimore Car Foundry Co. v. Ruzicka..............................................................................................................
191
Barber v. Jones Shoe Co..........................................................................................................................................
184
Bargey v. Massaro Macaroni Co............................................................................................................. ...........141,142
Barnhart v. Am. Concrete Steel Co.................................................................................................................. 158,244
Barrett v. Grays Harbor Commercial Co............................................................................................................
242
Barry v. Bay State Street Ry. Co.......................................................................................................................
193
Bateman Mfg. Co. v. Smith...................................................................................................................................
214
Batista v. West Jersey & S. R. Co.......................................................................................................................
216
Bay Shore Laundry Co. v. Ind. Acc. Com.........................................................................................................
191
Bayer v. Bayer................................................. .................................................................... ..................................
256
Bayon v . Buckley....................................................................................................................................................
241
Beckman v. J. W . Oelerich & Son........................................................................................................................
148
Behan v. John B . Honor Co................................................................................................... .............................
130
Behringer v. Copper Co........................................................................................1............................................... 99,243
Beideck v. Acme Amusement Co.........................................................................................................................
243
Bell v. Hayes-Ionia C o............................................................................................................................................
116
Belle City Malleable Iron Co. v. Industrial Commission............................................................................. :.
183
Bimel Spoke & Auto Co. v. Loper........................................................................................................................
179
Bischoff v. American Car & Foundry Co............................................................................................................
183
Blanz v. Erie R. R ...................................................................................................................................................
215
Bloess v . Dolph........................................................................................................................................................
113
Bloom, In re..............................................................................................................................................................
246
Bloom v. Jafife................- .........................................................................................................................................
237
Bloomfield v. November........................................................................................................................................
245
Bloomington, D. &. C. R . Co. v . Industrial Board..........................................................................................
250
Blynn v. City of Pontiac........................................................................................................................................
152
Book v. Henderson..................................................................................................................................................
197
Borgnis v. Falk............................................................................................................................................ 73,92,96,101
Borin, In re...............................................................................................................................................................
190
Boscarino v. Carfagno & Dragonette....................................................................................................................
207
Boszek v. Bauerle & Stark Co...............................................................................................................................
155
Bowman Dairy Co. v. Noyes.................................................................................................................................
146
Bowne v. S. W . Bowne Co....................................................................................................................................
147
Boyd v. Pratt...........................................................................................................................................................
221
Boyer v. Crescent Paper Box Factory............................................................................................................ 126‘ 243
Boyle v. Piano Action Co.......................................................................................................................................
154
Brady v. Holbrook, etc., Corp..............................................................................................................................
133
Braneonnier\ In re...................................................................................................................................................
211
154
Brenner v. Heruben................................................................................................................................................
Brightman, In re.....................................................................................................................................................
129
132
Brooker v . Industrial Accident Commission.....................................................................................................
Brooks v . Peerless Oil Co........................................................................................................................................
211
Bryant v. Fissell.............................................................. . .................................................................................. 170,198
Bryant v. Lindsay...................................................................................................................................................
213
Buchanan v. Warley................................................................................................................................................
156
Burbage v. Lee.........................................................................................................................................................
208
Burns, In re..............................................................................................................................................................
192
Cahill, In re...............................................................................................................................................................
199
Camden & Suburban R. Co. v. Stetson........................................................................ ; ....................................
232
Campbell v . Clausen-Flanagan Brewery.............................................................................................................
110
Carroll v. Knickerbocker Ice Co...........................................................................................................................
249
Carstens v . Pillsbury (two cases).................................................................................................................. 93,94,197
Centlivre Beverage Co. v . Ross.............................................................................................................................
127
Cheevers, In re..........................................................................................................................................................
145
Chicago, B. & Q. R. R. Co. v . Harrington.........................................................................................................
169
Chicago Cleaning Co. v. Industrial Board...........................................................................................................
139
Chicago G. W . R. Co. v. Industrial Commission..............................................................................................
144
Chludzinska v . Standard Oil Co............................................................................................................................
251
City of Milwaukee v . Althoff..................................................................................................................................
173
City of Milwaukee v . Miller.................................................................................................................... 87,237,239,240
City of Milwaukee v . Ritzow.................................................................................................................................
214
Clark Clark.................................................................................................._.........................................................
181
Clarkson v. N. W . Consol. Milling Co..................................................................................................................
230
Cline v. Studebaker Corp.......................................................................................................................................
202
Clyde Steamboat Co. v. Walker............................................................................................................................
161
Coakley v. Coakley...................................................................................................................................................
218
J. &. P. Coats, (R. I.) Inc., In re.........................................................................................................................
211
Colorado v. Iron Works............................................................................................. ..............................................
243
Conners v. Electric Co..............................................................................................................................................
220
Connole v. Norfolk & Western Railway Co........................................................................................................
165
Connors v. Semet-Solvay Co............................................................................................................................... 127,243
Cook v. Hoertz & Son..............................................................................................................................................
133
Cooke v. Holland Furnace Co............................................................................................................................ 238,245
Cooper v. Industrial Commission..........................................................................................................................
147
Coppagev. Kansas....................................................................................................................................................
97
Coronado Beach Co. v. Pillsbury..........................................................................................................................
179
Crockett v. International Ry. Co..........................................................................................................................
215
Crockett v. State Insurance Fund........................................................................................................................
249
Crowley v. Citv of Lowell................. .....................................................................................................................
129
Cummings v. Underwood Silk Fabric Co...........................................................................................................
143
Cunningham v. Northwestern Improvement Co..................................................................... 74,82,84,9 2 , 100,103
Dane v. Michigan United Traction Co.................................................................................................................
244
Davison v. Walia Walia....................................................................................................... ...................................
104

INDEX.

1207

Dazv v. Apponaug Co.......................................................................................................................................... 218,221
DeFillipis v. Falkenburg.............................................................................................................. ..................... ..
180
De Francesco v. Piney Mining Co........................................................................................... ............................
90
Deibeikis v. Link-Belt Co.................................................................................................................... 73,85,90,93,105
De la Gardelle v. Hampton Co..............................................................................................................................
138
Dennis v. Cafferty.....................................................................................................................................................
201
Denton, In re............................................................................................................................................................
205
Detloff v. Hammond, Standish & Co...................................................................................................................
196
Devney v . City of Boston.......................................................................................................................................
151
Dietz v . Solomonwitz..............................................................................................................................................
195
Dirken v . Great Northern Paper Co....................................................................................................................
81
Diskon v. Bubb........................................................................................................................................................
249
Doey v. Howland Co...............................................................................................................................................
80
Donovan, In re..........................................................................................................................................................
186
Dose v . Moehle Lithographic Co...........................................................................................................................
143
Douthwright v . Champlin......................................................................................................................................
159
Dove v. Alphena Hide & Leather Co..................................................................................................................
113
Dragobich v . Iroquois Iron Co........................................................................................................................... 181,833
Duprey v. Maryland Casualty Co.........................................................................................................................
214
Durney, In re........................................................................................................................................................ 209,226
Dziengelewsky v . Turner & Blanchard...............................................................................................................
162
E hrhart v. Industrial Accident Commission.....................................................................................................
246
Eldridge v . Endieott, Johnson & Co....................................................................................................................
125
Elks v. Conn..............................................................................................................................................................
241
Ellingson Lumber Co. v . Industrial Commission..............................................................................................
110
Employers’ Liability Assurance Corp., In re................................................................................................ 171,218
Englebretson v. Industrial Accident Commission............................................................................................
249
Enterprise Fence & Foundry Co. v . Majors....................................................................................................... - 235
Epsten v . Hancock-Epsten Co..............................................................................................................................
207
Erickson v . Preuss........................................................................................................................................ ..........
127
Erie R. Co. v. Callaway..........................................................................................................................................
228
Estabrook Co. v . Industrial Accident Commission..........................................................................................
156
Evanhoff v. Industrial Commission..................................................................................................................... 73,94
Fassig v. State......................................................................................................................................................... 86,174
Federal Rubber Mfg. Co. v . Havolic....................................................................................................................
181
Feldman v . Braunstein (two cases).................................................................................................................. 203,233
Fidelity & Casualty Co. v . Industrial Commission..........................................................................................
120
188
Fidelity & Deposit Co. v . Industrial Accident Commission..........................................................................
Fierro, In re................................................................................................................................................... 217,246,248
Fineman v. Albert Mfg. Co....................................................................................................................................
208
Finn. v. Detroit, etc. R y ........................................................................................................................................
217
Fisher, In re..............................................................................................................................................................
129
Fishering v . Pillsbury.............................................................................................................................................
179
Floccher v. Fidelity & Deposit Co........................................................................................................................
233
Foley v. Detroit United R y ............................................................................................................................... 210,230
Foth v. Macomber Whyte Rope Co................................................................................................................
154
Frankfort General Ins. Co. v . Pillsbury..............................................................................................................
208
Franko v. Schollhorn Co........................................................................................................................................
206
Fredenbuig v. Empire United Railways Co.....................................................................................................
210
Friebel v. Chicago City Ry. Co.............................................................................................................................
197
Frings v. Pierce-Arrow Motorcar Co............................ ............................................. : ........................................
203
Frint Motorcar Co. v. Industrial Commission (W is.)......................................................................................
185
Frisbie v. United States.........................................................................................................................................
95
Gailey v. Peet Bros. Mfg. Co............................................................................................................................. 204, 247
Gardner v. Horseheads Construction Co............................................................................................................
157
George W . Helme Co. v. Middlesex Common Pleas........................................................................................
208
German Alliance Ins. Co. v. Kansas....................................................................................................................
255
Gignac v. Studebaker Corporation....................................................................................................................... . 189
Gillen v. Ocean Accident & Guarantee Corporation........................................................................................
224
Goelitz Co. v. Industrial Board.............................................................................................................................
231
Gooding v. Ott..........................................................................................................................................................
157
Gorrell v. Battelle................................... ............................................................................................................. 200,241
Gould’s case..............................................................................................................................................................
159
Grammici v. Zinn....................................................................................................................................................
207
Grand Rapids Lumber Co. v. Blair.....................................................................................................................
196
Grand Trunk Railway v . Knapp.........................................................................................................................
164
Gray v. Board of County Commissioners...........................................................................................................
194
Great Western Power Co. v. Pillsbury...............................................................................................................
189
Green v. Appleton Woolen Mills..........................................................................................................................
241
Greene v. Caldwell............................................................................................................................................. 73,79,92
Gregutis v. Waclark Wire Works.........................................................................................................................
170
Griffith v. Cole Bros................................................................................................................................................
186
Giinnel v. Wilkinson...............................................................................................................................................
157
Griswold r . City of Wichita..................................................................................................................................
152
Grove v . Royal Indemnity Co..............................................................................................................................
220
146
Guerrieri v. Industi ial Insurance Commission.................................................................................................
Hagenback v. Leppert............................................................................................................................................
155
Hahnemann Hospital v. Industrial Board........................................................................................................
140
Halberhout v. S. W . Milling Co...........................................................................................................................
248
Hansen v. Brann & Stewart Co............................................................................................................................
229
Hansen v. Northwestern Fuel Co..................................................................................................................... 172,194
Harbroe,Inre..........................................................................................................................................................
177
Harraden, In re..........................................................................................
................. ...............................
175
Hartnett v. Thomas J. Steen Co...........................................................................................................................
178
Haskell & Barker Car Co. v. K ay.........................................................................................................................
191
Hasselman v. Travelers’ Ins. Co...........................................................................................................................
219
Hawkins v. Bleakley.............................................................................................................................. 69,85,86,93,94
Hayden v . Great Northern Power Co..................................................................................................................
221
Hayden v. Keown....................................................................................................................................................
177

1208

INDEX.

Page.
Hercules Powder Co. v. Morris County Court of Common Pleas...................................................................
127
Hetzel v. Wasson Piston Ring Co....................................................................................................................... .
154
Hewitt v. Casualty Co; of America.......................................................................................................................
176
Hierst?. John A. Hall & Co.....................................................................................................................................
125
Hills v. Blair..............................................................................................................................................................
184
Hills v . Oval Wood Dish Co...................................................................................................................................
130
Hillstead v. Industrial Commission......................................................................................................................
154
Hirschkorn v. Fiege Desk Co.................................................................................................................................
202
Hoenig v . Industrial Commission..........................................................................................................................
173
Hogan v. Bula...........................................................................................................................................................
162
Holbrook v . Olympia Hotel Co.............................................................................................................................
142
Holden v . Hardy.......................................................................................................................................................75,94
Holmen Creamery Assn. v. Industrial Commission.........................................................................................
144
Holnagle v . Lansing Fuel & Gas C o..................................................................................................................
113
Holt Lumber Co. v . Industrial Commission......................................................................................................
186
Hood v . Transit Co..................................................................................................................................................
204
Horrigan v . Post-Standard Co...............................................................................................................................
125
145
Howard, In re................................................................................... .................................................... ..................
Hulley v. Moosebrugger...................................................................................................................................... 178,180
Hunter v . Colfax Coal Co............................................................................................................................. 73,85,93,94
Hurle.,Tnre.......................................... ...................................................................................................................
121
Ide v. Faul & Timmins...........................................................................................................................................
153
Indian Creek Coal & Mining Co. v . Calvert........................................................................................................
131
Industrial Commission v . Aetna Life Ins. Co....................................................................................................
157
Industrial Commission v . Brown.................................................................. ......................................................
122
Industrial Commission v . Daly Mining Co.........................................................................................................
255
Industrial Commission v . London Guarantee & Accident Co.......................................................................
248
Industria 1Commission v . Newman............................................................................................................ 79,102,212
Industrial Commission v . Roth.............................................................................................................................
123
International Harvester Co. v . Industrial Commission...................................................................................
203
Irvin v . William M. Frost & Co............................................................................................................................
222
Ives v. South Buffalo R. Co......................................................................................................... 71,87,90,95,103,105
Jeffrey Mfg. Co. v . Blagg.........................................................................................................................................
80
Jendrus v . Detroit Steel Products Co...................................................................................................................
234
Jenkins v . Carman Mfg. Co....................................................................................................................................
193
Jensen v . Southern Pacific Co.................................................................................................... 71,76,85,127,161,166
Jermer v . Imperial Furniture Co..........................................................................................................................
113
Johnsen v . Union Stockyards Co..........................................................................................................................
245
Johnson v . London Guarantee & Accident Co..................................................................................................
120
Johnston v. Kennecott Copper Corporation, C. C. A .......................................................................................
80
232
Joliet Motor Co. v . Industrial Board............................................................................ ......................................
Karny v . N . W . Malleable Iron Co......................................................................................................................
241
Keigher v . General Electric Co.............................................................................................................................
238
Kelley, In re...........................................................................................................................................................
238
Kennerson v . Thames Towboat Co........................................................................................................... 157,160,167
Kenney v . Boston.....................................................................................................................................................
221
Kenny v . Union R . Co............................................................................................................................................
153
Kentucky State Journal Co. v . Workmen’s Compensation Board (two cases)....................................... 78,212
Keyes v . New York, O. & W . R . C o ...................................................................................................................
173
Kiernan v . Portland............................................................ ...................................................................................
105
Kilberg v . Yitch........................................................................................................................................................
225
Kill v . Industrial Commission...............................................................................................................................
133
King, In r e .............................................................................................................................................................
225
King v . Viscoloid Co................................................................................................................................................
227
Klawinski v . Lake Shore & M. S. R y..................................................................................................................
173
Knickerbocker Ice Co. v . Stewart......................................................................................................................
163
Knoll v . City of Salina............................................................................................................................................
245
Kohler v . Frohmann...............................................................................................................................................
138
Kolasynski v . Klie...................................................................................................................................................
190.
Kricinovitch v . American Car & Foundry Co...................................................................................................
234
Kromer v . Sargent & Co..........................................................................................................................................
206
Kuetbaeh v . Industrial Commission....................................................................................................................
215
Lahoma Oil Co. v . IndustriaICommission.........................................................................................................
230
Landers v . City of Muskegon.................................................................................................................................
113
Lane v . Horn & Hardart Baking Co....................................................................................................................
108
Larke v . Insurance Co............................................................................................................ .................................
11°
Larsen v . Paine Drug Co. (two cases).............................................................................................................. 138,143
La Veck v . Parke, Davis & Co..............................................................................................................................
109
Lehmann v . Ramo Films (Inc.)...........................................................................................................................
158
Lesh v . Illinois Steel C o .........................................................................................................................................
235
Lesuer v . City of Lowell..........................................................................................................................................
152
Lewis and Clark County v . Industrial Accident Board..................................................................................
151
Lindstrom v . Mutual S . S. Co................................................................................ * ..............................................
167
Linnane v . Aetna Brewing Co...............................................................................................................................
Ilf
Liondale Bleach, Dye & Paint Works v . Rilcer..............................................................................................124
Littlerv. Geo. A. Fuller Co................................................................................................................................
Lund v . Griffiths & Sprague Stevedoring Co.....................................................................................................
162
McCarthy, In re........................................................................................................................................................
228
McCarthy v . McAllister Steamboat Co................................................................................................................
MeCaskey, In r e ............................................*.........................................................................................................
McCauley v . Imperia 1Woolen Co.........................................................................................................................
McCracken v . Missouri Valley Bridge & Iron Co..............................................................................................
McDonald v . Industrial Commission...................................................................................................................
McGarvey . Independent Oil & Grease Co.......................................................................................................
gg
McKenna, In re............................ ........................................................................................................................ McLaughlin v . Industrial Board of Illinois.....................................................................................................J™
McMullen v . GavetteConst. Co. (twocases)..................................................................................................l >
McNally v. Hudson, etc., R. Co...........................................................................................................................
McPhee, In re............................................................................................................................................................

INDEX.

1209

MeQueeney v . Sutphen & Hyer...........................................................................................................................
138
MeWeenev v. Standard Boiler & Plate Co.........................................................................................................
192
Maekin v. Detroit-Timkin Axle Co......................................................................................................................93,97
Madden, In re..........................................................................................................................................................
129
Maggalet, in re..........................................................................................................................................................
122
Manowald v. Thompson-Starrett Co....................................................................................................................
171
Mailman v. Record Foundry & Mach. Co. (Me.)..............................................................................................73,81
Maranovitch, In r e ..................................................................................................................................................
205
295
Marhoffer v . Marhoffer...........................................................................................................................................
Markley v . City of St. Paul....................................................................................................................................
152
Marsh v. Groner.......................................................................................................................................................
145
Martin v. Matson Navigation Co..........................................................................................................................
242
Marvin, In r e ............................................................................................................................................................ *525
Mathison v. Minneapolis St. Ry. Co................................................................................................. 73,81,90,97,193
Mattheisen & Hegeler Zinc Co. v. Industrial Board........................................................................................
123
Matwiczuk v. American Car & Foundry Co......................................................................................................
247
Mayor, etc., of Jersey City v. Borst.....................................................................................................................
151
Mechanics’ Furniture Co. v. Industria 1Board..................................................................................................
218
210
Mellen Lumber. Co. v . Industria 1Commission..................................................................................................
Menominee Bay Shore Lumber Co. v . Industrial Commission.....................................................................
92
Mepham v. Industria 1Commission......................................................................................................................
185
Mercer v. Ott..............................................................................................................................................................
196
Merlino v. Connecticut Quarries C o .....................................................................................................................
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
Miller v. American Steel & Wire Co....................................................................................................................
120
Miller v. Beil..............................................................................................................................................................
131
Miller v. New York Rys. Co..................................................................................................................................
194
Miller v . Public Service R . R . Co.........................................................................................................................
215
Miller v. Taylor.........................................................................................................................................................
172
Milwaukee Coke & Gas Co. v . Industrial Commissi on.....................................................................................
289
Milwaukee Western Fuel Co. v . Industrial Commission.................................................................................
250
Minneapolis & St. Louis R . Co. v. Bombolis.....................................................................................................
86
Modra v. Little..........................................................................................................................................................
207
Moll v . Industrial Commission..............................................................................................................................
155
Mono County v . Industria 1 Accident Commission............................................................................................
153
Montana Co. v. St. Louis Min. Co........................................................................................................................
84
Moore v. Lehigh Valley R. R. Co